Is it illegal for individuals to rent a car or bring it to work? How to get rid of the black car nature when renting a personal car?

In the civil legal system, if the law does not prohibit it, it is allowed. That is, if there is no express provision prohibiting it, citizens can implement it.

Take Beijing as an example. According to the relevant provisions of the "Beijing Taxi Management Regulations", it can be seen that the personal car rental you mentioned above is indeed suspected of violating the regulations.

Article 2, Paragraph 2 of the "Regulations" stipulates: "The taxis (including tourist passenger cars) referred to in these regulations refer to passenger cars that provide transportation services according to the wishes of passengers and charge according to the mileage and time traveled." Therefore, the services provided by the individuals you mentioned are also subject to the regulations.

See the details below:

---------------------

Beijing rental Regulations on Automobile Management

Beijing Municipal People's Congress Standing Committee

(Adopted at the 40th meeting of the Standing Committee of the Tenth Beijing Municipal People's Congress on October 16, 1997 Announcement No. 101 of the Standing Committee of the Beijing Municipal People's Congress (announced on January 1, 1998)

Chapter 1 General Provisions

Article 1 In order to strengthen the management of taxis in this city , improve the level of taxi service, maintain the normal operating order of taxis, protect the legitimate rights and interests of taxi passengers, operators and employees, and adapt to the needs of urban economic development and people's lives, these regulations are formulated.

Article 2 Taxi operators, drivers, flight attendants, units that establish taxi business stations, dispatchers and taxi passengers as well as taxi management departments within the administrative area of ????this city shall abide by these regulations. regulations.

The taxis (including tourist buses) mentioned in these Regulations refer to passenger cars that provide transportation services according to the wishes of passengers and charge according to the mileage and time traveled.

Article 3 The Municipal Taxi Administration Bureau is the competent authority for taxis in this city and is responsible for formulating the development plan of the taxi industry; approving business qualifications; supervising and inspecting the business activities and services of taxi operators and employees Quality; organize and coordinate taxi capacity; organize education and training for employees; provide services for the taxi industry.

The Municipal Taxi Administration Bureau may entrust the taxi management agencies in remote suburbs and counties to manage, supervise and inspect taxis within their jurisdiction.

Management agencies such as industrial and commercial administration, taxation, price, labor, public security, public security transportation, technical supervision, and tourism shall manage taxis in accordance with their respective responsibilities and laws.

Article 4 The development and management of the taxi industry in this city shall follow the principles of unified management, coordinated development, fair competition, and convenience for the masses.

Article 5 The Municipal Taxi Administration Bureau shall, in accordance with the requirements of Beijing’s urban master plan, prepare the city’s taxi development plan and annual development plan, and submit them to the Municipal People’s Government for approval before implementation.

Article 6 This Municipality encourages and supports scientific and technological research on taxi management, actively promotes the use of advanced technologies and equipment, and improves the level of scientific taxi management.

Article 7 Taxi operators and employees in this city shall operate in accordance with the law and provide civilized services.

Those who have outstanding achievements in business management and operation services, as well as those who have saved money, rescued the wounded, and acted bravely will be commended and rewarded by the Municipal Taxi Administration Bureau.

Chapter 2 Business Qualification Management

Article 8 Taxi operators shall meet the following conditions:

(1) Have those who have passed the inspection and comply with the regulations number of vehicles;

(2) Have a fixed business location and corresponding vehicle parking space;

(3) Have qualified drivers. Those operating tourist passenger vehicles must also have Qualified flight attendants;

(4) Have corresponding management personnel and management systems.

Article 9 Taxi drivers should meet the following conditions:

(1) Have a permanent residence in this city, be male under 60 years old and female under 50 years old, be in good health, and have obtained a driving license over 3 years. Tourist passenger car drivers must also engage in driving large and medium-sized buses for more than three consecutive years;

(2) Comply with laws and regulations;

(3) Those whose operating qualification certificates have been revoked , must have expired for more than 5 years;

(4) Be assessed by the Municipal Taxi Administration Bureau and obtain a certificate of qualification.

Article 10 Units and individuals applying to operate taxis shall go through the application and approval procedures in accordance with the following provisions:

(1) Go to the industrial and commercial administration authority for name pre-approval and registration.

(2) Submit a written application to the Municipal Taxi Administration Bureau with relevant certificates, and the Municipal Taxi Administration Bureau will make an approval decision within 30 days from the date of receipt of the application. If qualified, a business license will be issued.

(3) Apply for a business license from the industrial and commercial administration authorities with a business license, apply for tax registration with the tax authorities, and apply for public security registration with the public security authorities.

(4) After obtaining the business license, going through tax and public security registration, decorate the body of the operating vehicle in accordance with regulations, install safety protection devices and meter, and go through insurance procedures in accordance with the law; after the operating vehicle passes the inspection in accordance with regulations , go to the public security and traffic management agency to apply for a vehicle license plate.

Applicants engaged in the operation of tourist passenger vehicles must also declare the departure location, driving route and other matters to the public security and transportation management authority. After review and approval, they will obtain a travel pass issued by the public security and transportation management authority.

(5) After obtaining the vehicle license plate, obtain the vehicle operation certificate, driver's permit, flight attendant service certificate and other operating qualification certificates and service supervision cards from the Municipal Taxi Administration Bureau. Applicants engaged in tourist passenger vehicle operations shall apply to the Municipal Taxi Administration Bureau for a travel permit. If the tourist attractions are not in this city, they shall also apply to the Municipal Transportation Bureau for a travel permit to other provinces and cities.

Article 11 The Municipal Taxi Administration Bureau shall implement an annual inspection system for the qualifications of taxi operators, drivers, flight attendants, and dispatchers, and the status of operating vehicles. Only those who pass the review can continue to operate and provide services.

Article 12 If a taxi operator adds, reduces or updates vehicles, it shall report to the Municipal Taxi Administration Bureau for approval; if it changes its office location and contact number, it shall file a record with the Municipal Taxi Administration Bureau; if it changes its registration In the event of an incident, suspension of operation or closure of business, an application shall be submitted to the Municipal Taxi Administration Bureau 30 days in advance, and upon approval, the relevant procedures shall be completed at the industrial and commercial administration authority.

If the company is approved to close down business or reduce the number of operating vehicles, the operating qualification certificate shall be surrendered to the Municipal Taxi Administration Bureau, the body decoration of the original operating vehicle shall be obliterated, and the operating facilities in the vehicle shall be dismantled.

Article 13 Taxi operating vehicles shall meet the following requirements:

(1) Passed the inspection by the public security and public security traffic management agencies;

(2) Comply with the vehicle model, body color, body decoration and service life specified by this city;

(3) Install taxi sign lights, safety protection devices and taxi meters in accordance with regulations;

(4) ) In accordance with the regulations, the operating certificate is posted on the upper right side of the vehicle's front windshield, the vehicle charging standards are posted at the specified location in the vehicle, and there are empty vehicle for rent signs and out of service signs;

(5) Tourist passenger vehicles Place travel permits, travel passes and other operating documents at specified locations in the vehicle; post tourist passenger transportation instructions in a conspicuous location in the vehicle;

(6) The vehicle is clean and tidy.

Chapter 3 Operation Service Management

Article 14 Taxi operators shall comply with the following provisions:

(1) Comply with laws, regulations and rules, Accept supervision and inspection by the taxi management authorities and the industrial and commercial administration, taxation, price, labor, public security, public security transportation, technical supervision and other management authorities;

(2) Implement the charging standards set by the price management authorities, and use the economic Special charging vouchers produced under the supervision of the tax authorities may not change the charging standards or use other charging vouchers without authorization;

(3) Formulate service standards, procedures and codes for drivers and flight attendants, as well as vehicle maintenance, safe driving, public security, etc. Rules and regulations;

(4) Sign labor contracts and contract contracts with drivers in accordance with the law, clarifying the rights and obligations of both parties;

(5) Establish and implement a security and protection responsibility system, and conduct supervision on employees Legal education, establish a learning and business training system;

(6) Investigate and handle service quality issues raised by passengers in a timely manner, and respond within 10 days from the date the passengers raised the issue;

(7) Implement the measures of the Municipal Taxi Administration Bureau to coordinate the operation business;

(8) The legal representative and management personnel shall participate in the training organized by the Municipal Taxi Administration Bureau in accordance with regulations, and can only take up their posts after passing the training. ;

(9) Truthfully submit operating statements and other operating information to the Municipal Taxi Administration Bureau within the prescribed time limit and requirements, and accept the inspection of operating information and tickets by the Municipal Taxi Administration Bureau;

(10) It is not allowed to operate a vehicle driven by a driver without an operating qualification certificate, a driver whose operating qualification certificate has been temporarily withheld, or a driver other than the unit;

(11) It is not allowed to operate a vehicle without authorization in a taxi Or post or set up commercial advertisements on the car body;

(12) Pay management fees to the Municipal Taxi Administration Bureau in accordance with the prescribed standards and deadlines.

Article 15 Tourist passenger car operators and their employees shall also abide by the following regulations:

(1) Ticket sales and departures at approved locations;

(2) Operate in accordance with the departure location, time and driving route approved by the Municipal Taxi Administration Bureau. If there is any change for any reason, passengers must be notified in advance and passengers should be allowed to refund their tickets;

(3) During peak travel periods, in accordance with regulations Apply for a tourist attraction pass from the public security and transportation management agency;

(4) The flight attendants have corresponding tourist passenger transport service knowledge and provide corresponding tourist passenger transport services to passengers;

(5) Shall not Mobile solicitation of tourists;

(6) It is not allowed to force passengers to buy tickets or tickets for tourist attractions;

(7) It is not allowed to transfer the tourist passenger transport business to other units or individuals without authorization;

(8) Passengers shall not be forcibly taken to tourist attractions, hotels, restaurants, shops, etc. to visit, stay, dine or shop against their will;

(9) Passengers shall not be asked for, Accepting kickbacks;

(10) Those engaged in foreign-related tourism must abide by the relevant regulations of the state and this city.

Article 16 Taxi drivers shall abide by the following regulations when operating:

(1) Neat clothing, civility and courtesy, and service standards;

( 2) Drive safely and abide by traffic management regulations;

(3) Carry, place and post the operating qualification certificate and service supervision card in accordance with regulations;

(4) Park on the road section where parking is allowed It is implemented to wave and stop to pick up passengers or stop to drop off passengers, and parking is not allowed;

(5) Use sign lights in accordance with regulations. When there are no passengers in the car, the empty car for rent sign should be displayed. When it is temporarily unable to operate for some reason, The out of service sign should be displayed;

(6) Drive according to the best route and do not deliberately make detours;

(7) The fare meter must be used correctly, and must not negotiate with passengers or ask for help. When passengers ask for property and need to give change to passengers after payment, they must give change;

(8) Charge according to the amount displayed on the meter, and it is prohibited to dismantle or modify the meter without permission or to falsify the meter;

(9) After collecting the payment, a special charging voucher with complete items and consistent with the actual amount received shall be issued to the passenger, and no fraud shall be made on the special charging voucher;

(10) Satisfaction Passengers' requests to use or not use in-car service facilities;

(11) Safety protection devices shall not be removed without authorization;

(12) Keep the vehicle clean and complete with all license plates , clear, and it is not allowed to misappropriate vehicle license plates or falsify vehicle license plates;

(13) In case of damage to the meter, inaccurate display, incomplete display, no special toll voucher, malfunction of the sign light, or vehicle number If the sign is damaged or incomplete, it shall not be operated to carry passengers. When the above situation occurs during the process of carrying passengers, the passengers should be informed immediately and negotiated with the passengers to solve the problem; Or register at the nearest public security organ or business station;

(15) When waiting for passengers at a taxi business station, you must line up in order, drive in order, obey the dispatcher's dispatch, and must not bully the market or do anything privately To solicit passengers;

(16) The items lost by passengers in the vehicle must be returned to the owner in a timely manner or handed over to the relevant department for processing, and must not be concealed privately;

(17) The vehicle must not be Let others drive or operate a taxi other than that of the unit;

(18) The vehicle shall not be used to facilitate illegal crimes, and suspected criminals shall be reported to the public security organs or the unit in a timely manner when found;< /p>

(19) It is prohibited to carry prohibited, flammable, explosive and other items;

(20) Accept the supervision and inspection of the Municipal Taxi Administration Bureau and relevant management agencies.

Article 17 Taxi drivers shall not refuse to carry passengers or terminate passenger services midway for any reason except in the following circumstances:

(1) Passengers waving at sections where parking is prohibited Stop the vehicle;

(2) Passengers carrying prohibited, flammable, explosive and other dangerous goods, as well as items that deface the vehicle;

(3) Drunken persons and mentally ill persons riding on the bus Riding without supervision;

(4) Passengers requesting to leave the city or to remote suburbs or counties at night without registering with the driver as required;

(5) The passenger's request violates the regulations on taxi management, road traffic management, and public security management.

Article 18 Passengers should abide by the following regulations when taking a taxi:

(1) Ride in a civilized manner, do not damage the facilities in the car, and maintain cleanliness in the car;

p>

(2) Pay the fare according to the amount displayed on the meter or purchase the ticket in accordance with regulations, and do not negotiate with the driver;

(3) Do not complain to the driver about violations of taxi management, Requirements for road traffic management and public security management;

(4) Do not conduct illegal activities in the car.

Article 19 Taxi passengers have the right to report to the taxi operator or complain to the Municipal Taxi Administration Bureau if the taxi operator and its employees infringe upon their legitimate rights and interests during operation.

Passengers reporting service quality issues or complaints should submit them within 30 days from the date of infringement of their rights. When making complaints, they should provide written materials and evidence such as taxi special fee vouchers and vehicle license plates.

Article 20: After accepting a passenger complaint, the Municipal Taxi Administration Bureau shall promptly investigate and handle the complaint and respond to the complainant with the result within 30 days.

Chapter 4 Business Station Management

Article 21 Taxi business stations and parking stations shall be set up in accordance with the city’s urban planning, road traffic and taxi management regulations. .

Taxi business stations and parking stations established with approval shall not be closed, dismantled or repurposed without authorization.

Article 22 Airports, railway stations, hotels, restaurants, hospitals and other public places with concentrated passenger transport business shall, with the approval of the Municipal Taxi Administration Bureau, be authorized by the owner of the public place. The competent department sets up taxi business stations and selects dispatchers to dispatch and manage taxi operations.

Article 23 Units that establish taxi business stations shall comply with the following regulations:

(1) Establish a management responsibility system, maintain operational order, ensure passenger use of cars, and prohibit and Correct the behavior that disrupts the management order of the business station;

(2) The station is open to all taxis and passengers, and vehicles are allocated fairly;

(3) Dispatchers Carry out legal education, professional ethics education and business training;

(4) When major or emergency situations occur, they should be properly handled and reported to the Municipal Taxi Administration Bureau and relevant departments in a timely manner;

(5) Accept the supervision and guidance of the Municipal Taxi Administration Bureau.

Article 24 Dispatchers at taxi business stations shall abide by the following regulations:

(1) After being assessed by the Municipal Taxi Administration Bureau and obtaining the dispatcher certificate, they must hold the certificate to work;

(2) Dress neatly, be civilized and courteous, and provide standard services;

(3) Dispatch cars in order and keep records;

(4) Maintain order at business stations, and stop and correct taxi drivers' behavior that disrupts the operating order;

(5) Register taxis that leave the city or operate in remote suburbs and counties at night;

p>

(6) When illegal and criminal activities or suspects are discovered, they shall be reported to the public security organs in a timely manner;

(7) Taxi drivers shall not solicit business for themselves or use their position for personal gain.

Chapter 5 Legal Responsibilities

Article 25 Anyone who violates the provisions of these regulations and operates a taxi business without approval shall have the vehicle temporarily detained by the industrial and commercial administration agency and ordered to Stop business activities, confiscate illegal income, and impose a fine of 10,000 to 20,000 yuan per vehicle.

If the public security traffic management agency and the Municipal Taxi Administration Bureau discover that the taxi business is operating without a license, the vehicle may be temporarily detained and transferred to the industrial and commercial administration agency for processing within 5 days

Second Article 16 In violation of the provisions of these Regulations, if a taxi operator increases or decreases the number of taxi operating vehicles without approval, the Municipal Taxi Administration Bureau shall order it to make corrections within a time limit, confiscate the illegal gains, and impose a fine for each additional or decreased vehicle. Fines range from 2,000 yuan to 5,000 yuan.

Article 27 Taxi operators, drivers, flight attendants, and dispatchers who violate the provisions of these regulations and fail to conduct annual inspections as scheduled shall be subject to a periodic inspection by the Municipal Taxi Management Bureau; if they fail to pass the inspection , corrected within a time limit. If the vehicle is not inspected or corrected within the time limit, the Municipal Taxi Administration Bureau will revoke the business license of the taxi operator, the operating qualification certificates of the driver and flight attendants, and the dispatcher certificate of the dispatcher.

If a taxi operating vehicle fails to undergo annual inspection within the prescribed time limit or fails to pass the inspection, it shall be inspected and corrected by the Municipal Taxi Management Bureau within a time limit. Vehicles that fail to be inspected or fail to pass the inspection shall be inspected and corrected by the Municipal Taxi Management Bureau. The Administration revoked the vehicle operating certificate.

Article 28 If a taxi operator violates these regulations and commits any of the following acts, the Municipal Taxi Administration Bureau will give a warning and may impose a fine of 200 yuan to 2,000 yuan; if the circumstances are serious, , be fined from RMB 2,000 to RMB 20,000, and may be ordered to suspend business for 3 to 7 days: (1) Failure to establish or implement various rules and regulations as required;

( 2) Ignore the service quality issues raised by passengers and users or fail to deal with them in a timely manner;

(3) Use drivers who do not have operating qualification certificates, whose operating qualification certificates have been temporarily withheld, or drivers who are not from the company to drive Vehicle operation;

(4) Failure to implement the measures of the Municipal Taxi Administration Bureau to coordinate the operation business;

(5) Legal representatives and managers not participating in the Municipal Taxi Management in accordance with regulations Failure to receive training organized by the bureau or taking up the job without passing the training;

(6) Failure to submit various operating reports in accordance with regulations or refusing the Municipal Taxi Administration Bureau’s inspection of operating materials and tickets.

Article 29 If a tourist passenger vehicle operator or driver or flight attendant violates the provisions of these regulations and commits any of the following acts, the Municipal Taxi Administration Bureau shall impose a fine of 500 yuan on the tourist passenger vehicle operator A fine of 5,000 yuan to 5,000 yuan may be imposed. If the circumstances are serious, a fine of 5,000 yuan to 20,000 yuan may be imposed, and the business may be ordered to suspend business for 3 to 7 days; the individual responsible shall be fined 200 yuan to 1,000 yuan. 谰ぜ?Xian魑フ录Tuji?珘煮溆?囧野裰ぜ?? months to 3 months; if the circumstances are serious, its operating qualification certificate will be revoked:

(1) Failure to comply with regulations Ticket sales, departures, and operations at time and location;

(2) Forcefully purchase tourist attraction tickets or tickets for passengers;

(3) Transfer the tourist passenger transport business to other units without authorization or Personal operation;

(4) Taking passengers to tourist attractions, hotels, restaurants, shops, etc. to visit, stay, dine, and shop against their will;

(5) Requesting, Receiving kickbacks.

Article 30 Taxi drivers violate Article 16 (1), (3), (5), (6), (7), (9), (10) of these Regulations , (12), (13), (15), (17), and (20), the Municipal Taxi Administration Bureau will give a warning and may impose a fine of 100 yuan to 1,000 yuan; In serious cases, a fine of 1,000 to 2,000 yuan will be imposed, a violation record will be recorded on the operating qualification certificate, and the operating qualification certificate may be temporarily detained for 1 to 3 months.

Article 31 If a taxi driver violates the provisions of Article 17 of these Regulations by refusing to carry passengers or terminating passenger service midway, the Municipal Taxi Administration Bureau shall impose a fine of 1,000 to 2,000 yuan. , make a violation record on the operating qualification certificate, and the operating qualification certificate may be temporarily detained for 1 to 3 months; if the circumstances are serious, the operating qualification certificate will be revoked.

Article 32 If a taxi driver violates the provisions of these regulations by dismantling or modifying the meter without permission or making fraud on the meter, his operating qualification certificate shall be revoked by the Municipal Taxi Administration Bureau.

If a taxi driver violates the provisions of these regulations, has a serious service quality accident during operation or uses the taxi to facilitate illegal and criminal activities, the Municipal Taxi Administration Bureau will revoke his operating qualification certificate.

Article 33 If a unit that establishes a taxi business station violates the provisions of Article 23 (1), (2) and (4) of these regulations, it shall be punished by the Municipal Taxi Administration Bureau A warning and a fine of 200 to 2,000 yuan may be imposed; in serious cases, a fine of 2,000 to 20,000 yuan may be imposed.

If the dispatcher of a taxi business station violates the provisions of Article 24 (1), (2), (3), (4) and (7) of these Regulations, he shall be subject to the municipal taxi management The bureau will give a warning and may impose a fine of 100 to 1,000 yuan, and the dispatcher's license will be temporarily withheld for 1 to 3 months; if the circumstances are serious, the dispatcher's license will be revoked.

Article 34 If a taxi operator fails to implement the security and protection responsibility system and multiple security cases occur, the public security organs shall impose fines in accordance with relevant regulations; if the circumstances are serious, the taxi operator shall be ordered to suspend operations for 3 days to 7 days for rectification sky.

If a taxi driver or dispatcher dismantles the safety protection device without authorization, or fails to register in accordance with the regulations when traveling out of the city or to distant suburbs or counties at night, the public security organ will impose a fine of not more than 200 yuan; if the circumstances are serious, , the Municipal Taxi Administration Bureau will revoke its operating qualification certificate or dispatcher certificate.

Article 35 If a taxi driver has two violation records within a year or his operating qualification certificate has been temporarily withheld for less than 6 months, the Municipal Taxi Administration Bureau will provide him with training. Only those who pass the examination can be re-employed.

If a taxi driver has three violation records within a year or has had his operating qualification certificate temporarily withheld for more than 6 months in total, and if he continues to operate and carry passengers while his operating qualification certificate has been temporarily withheld, the taxi driver shall: The Municipal Taxi Administration Bureau revoked its operating qualification certificate.

Article 36: Due to poor management by taxi operators, serious illegal conduct by taxi drivers, flight attendants, and dispatchers of the unit, and poor service quality, the Municipal Taxi Administration Bureau shall impose penalties on taxi operators. A fine of 3,000 to 30,000 yuan may be imposed, and the business may be ordered to suspend business for 5 to 15 days.

Article 37 If a taxi operator fails to pay the management fee in accordance with the prescribed standards and time limit, a late fee will be charged as required. If the taxi operator fails to pay the management fee after 30 days, the Municipal Taxi Administration Bureau will order the operator to suspend operations. .

Article 38 Violations of these Regulations are violations of laws, regulations and rules in industrial and commercial administration, taxation, prices, labor, public security, public security transportation, technical supervision and tourism, etc., the relevant supervisors shall The department will handle it in accordance with the law.

Article 39 If a staff member of the taxi management department abuses his or her power, neglects his duties, or commits malpractice for personal gain, he or she shall be subject to administrative sanctions by his or her unit or the superior department; if a crime is constituted, he or she shall be investigated for criminal prosecution in accordance with the law. responsibility.

Chapter 6 Supplementary Provisions

Article 40 The Municipal Taxi Administration Bureau is responsible for the interpretation of issues arising from the specific application of these regulations.

Article 41 This Regulation shall come into effect on January 1, 1998. On April 6, 1991, the Municipal People's Government issued the "Interim Regulations of the Beijing Municipal People's Government on Canceling the Operation of Taxis without a License" ", the "Beijing Tourist Passenger Vehicle Operation and Management Measures" issued by the Municipal People's Government on August 14, 1993, and the "Beijing Taxi Management Measures" issued by the Municipal People's Government on July 5, 1995 were abolished at the same time.