Released by the Ministry of the interim measures for the administration of network booking taxi business service, removed the "vehicles registered as a taxi passenger," and so on mean cars access about platform does not need to change the nature of vehicle registration.
Nearly 10 months after the public consultation, the Chinese version is officially the new deal network about car.
On July 28, the Department of transportation released the Internet booking taxi service of the interim measures for the Administration (hereinafter referred to as the methods). The method is divided into 7 chapters and 40 articles, covers the General rules about car platform, Internet businesses, net about vehicles about car and driver, network management, supervision and inspection, legal responsibilities, as well as by-laws 7.
The approach clearly will net about vehicles registered as "contract hire passenger" embodied nature of his taxi, and reflected the characteristics of the emerging industry.
Except network about car of nature finds, approach also clear, "network about car freight implemented market regulation price, City Government think has necessary implemented Government guided of except", "network about car driving mileage reached 600,000-kilometer Shi forced scrap", requirements driver to "no violence crime records", specific requirements, delete has "network appointment taxi shall not while access two or two a above of network service platform provides operation service", sought views draft in the of requirements.
"In the context of the world, which was the first to justify Internet +, economic legislation and regulations, reflecting the regulator of the new attention and recognition on the sharing economy, China about the car market will move towards normalization. "The Center for studies of CUPL propagation method, Deputy Director, Internet Society of China share economic expert Zhu Wei surging on news that members of the Commission.
Zhu Wei participated in organization of the Ministry of the policy (discussion draft) the seminar, he revealed the final execution of the methods discussed version with just over a month ago "improved a lot".
Surging for news under combing the method nine focus, emphasis on territorial management and defined as "reserved taxi" enhanced driver control, clear about cars shall not be for less than the cost of network operations disturb normal market order, net about car platform of the company should pay taxes according to law, and so on.
Management: emphasis on territorial management
Article fourth of the way: the Transportation Department under the State Council is responsible for directing the management of the national network of about. Provincial, autonomous regional people's Government transportation authorities under the leadership of the people's Governments at the corresponding level and is responsible for directing network about management work within their respective administrative areas. Municipality, municipal district or county-level transportation departments or other Government designated taxi Administrative Department (hereinafter referred to as the taxi Administrative Department) under the leadership of the people's Governments at the corresponding level, implementation of network management about it. Other relevant departments according to the statutory duties, on the net about car related supervision and management. The methods and draft statements on this point is not very different.
"In the face of new, national level across the monitor, is not consistent with the direction of urban development in China. "Zhu Wei said. Earlier, CEO Wei Dong, surging news that first steam about cars, the first steam car in March about 22 city situation, has not been rolled out in cities except Beijing, was introduced in around network management about conditions.
Second, to: "taxi" to "booking taxi"
The 13th article of the approach, service local taxi Administrative Department in accordance with vehicle owner about car platform or network applications, according to the conditions laid down in article 12th after the audit, registration of vehicles that meet the conditions for contract hire passenger and of the Internet booking taxi transport permits issued. City people's Government issued on the net about the Web booking taxi transport permits otherwise stipulations and requirements, from its provisions and requirements.
Ministry explained that clearly will net about vehicles registered as "contract hire passenger" embodied nature of his taxi, and reflected the characteristics of the emerging industry.
"In accordance with this provision, the nets about a legal form to become taxi, drops, excellent online about vehicle platform, such as access to private, will no longer be considered to be ' black '. "A network about car platform insider said.
"Reflecting lawmakers abandon into traditional taxi will net about cars ' new wine in old bottles ' management, supervision of a qualitative change in thinking, this is undoubtedly progress. "The Center for studies of CUPL propagation method, Deputy Director, Internet Society of China share economic expert Zhu Wei surging on news that members of the Commission.
Deleted in the draft requirements of the approach of "installing the meter" requirement.
Third, the driver: requires network about truck drivers has no record of traffic violations, without violent criminal records
Approach on sought views draft of related provides made has larger adjustment: first, requirements three years above driving experience and three a score cycle no didn't buckle full marks records; second, will "no to people death of traffic accident records, and drunk driving records, and Chase competing drove records" modified for "no traffic accident crime, and dangerous driving crime records, no drug records, no drink drink driving records". The methods to improve and refine the driver entry, to screen some passengers feel more secure. Third, the new deal increases the "no record of violent crimes" provision.
"Violent criminal record includes robbery, intentional injury and intentional killing, including crimes such as rape, Rob, and indecent assault, both had been given a suspended death sentence, life imprisonment, criminal detention or control of violent crimes who should also include people who had been sentenced to probation. In addition, special driver's license applicants of the new deal, expansion to the driver by the driver himself and platforms can apply. Such a provision is to avoid the driver I neglected to apply for will be about auditing responsibilities extended to the network platform applications, from this perspective, the platform also has replaced application, and replace the audit responsibilities. "Zhu Wei said.
Four maintenance: reference standard of taxi to 600,000-kilometer to force the scrapping
The 39th article of the way: the net force scrapped when car mileage reaches about 600,000-kilometer. Mileage not 600,000-kilometer but when you reach 8 years of age, quit the network about the car business.
Ministry explained that provisions net force scrapped when car mileage reaches about 600,000-kilometer. Mileage not 600,000-kilometer but when you reach 8 years of age, quit the network about the car business. Provincial government departments combined with local conditions to develop the specific provisions.
"More in line with the General safety of vehicle mileage rules differs from ordinary vehicles for civilian use, as distinct from commercial vehicles, both to the network about the interests of owners, also guarantees user safety of passengers ' rights, such a provision is in line with the scientific law and market practice. "Participated in the Organization of the Ministry of the policy (discussion draft) the seminar of Zhu Wei said.
National development and Reform Commission, the city center of integrated transport planning Institute's Director, Zhang has a different view, he thinks about vehicle scrapping system in network design, should also take into account the future new-energy vehicles, unmanned vehicle use trends.
Five contracts: respect for the flexibility of the labor contract signed between the platform and the driver
The 18th article of the way: Internet-about car platform of the company should ensure drivers have legitimate qualifications that provide services, in accordance with the relevant laws and regulations, according to the working hours, service frequency and other characteristics, various forms of labour contracts or agreements with the driver, specify the rights and obligations of both parties.
Than the draft regulations to loose a lot. Proposed in the draft for comment, Internet booking taxi operators should ensure that drivers have legitimate access platform qualification and labor contract with the Access driver; booking a taxi is prohibited from accessing the network two or more network services platform provides operational services. 、
Traffic explained, taking into account the net about car platform company labor contract with the pilots could affect part-time drivers net about car operation, the methods clearly sign labor contracts or agreements in order to meet the requirements of network about part-time employment.
"According to China labor contract method on non-full-time labor of provides, for weekly work not over 24 hours of non-full-time labor, employing units can not and was labor who signed written contract, both labor relationship at any time can lifted, paid paid also not need monthly settlement, this labor relationship of flexibility very for ' share economic ' background Xia of network about car labor mode, more for network about car driver ' part-time ' earned household of status, conducive to China surplus labor flexible employment. "Surging Zhu Wei told the news.
VI price: about cars shall not be for less than the cost of network operations disturb normal market order
Of the approach of the article 21st: mesh about car platform of the company shall not hinder fair competition in the market, shall not infringe the legitimate rights and interests and social public interest of passengers. NET about car platform of the company must not have for squeezing out competitors or to monopolize the market, operating at below-cost prices disturb normal market order, thereby harming the interests or the legitimate rights and interests of other operators or other improper price behavior, without price-related violations.
For this article, analysis of Zhu Wei, which categorically denied the network about the car market, "capital" of chaos, network about competition between car platform, the net about competition between taxi and return to normal market conditions, between various managers need to improve service quality and consumer protection for the core competition, not close to "throw money" to carve up the market.
In addition, the methods to delete the draft "market incentives, promotions," provisions of the 10th to society announcements in advance. "Market incentives or promotions is a normal market behavior, there is competition law and advertising law, not required at the network about a new deal so special additional provisions of the law. Delete the advance notice provision of the new deal, reflecting thinking back led's will. "A surging Internet law expert told the news. Able to produce steel for submarines rockets of
Seven tax: NET about car platform of the company should pay taxes according to law
The measures under article 23rd: Network about car platform of the company should pay taxes according to law, for passengers to buy the carrier's liability insurance and other insurance, adequate protection of passengers ' rights.
About car platform in the net in the Sturm und drang, traditional taxi company believe that nets around car platforms and traditional huge unfair competition between taxi companies--network about the car without paying taxes. Since then, the tax issue, nets around car platforms and taxi companies will be at the same level.
Previously, there were many network take the net about some car after car accident, authorities in the accident liability and compensation matters finds that all of the problems.
Eight, "hitch", car tube: according to the local government regulations
The measures provided for in article 38th: private bus, also known as car pooling, ride, according to the relevant provisions of the municipal people's Government.
Zhu Wei said that civilian vehicles, is the scope of civil law, the nature of the civil law "with good intentions". Hitchhiking is to solve the traffic congestion, reduce urban road vehicles of a larger weapon, the jurisprudence of the judicial practices at home and abroad is much more mature. Ride is essentially different from the network about the car business profitable, so the new deal put forward according to the relevant regulations of the people's Government of the city is right.
Nine security: collecting passenger information beyond the scope required to provide network about business
26th article of the methods: NET about car platform of the company acquisition drivers, personal information about cars and passengers, not beyond the scope required to provide network about the car business. In addition to cooperate with State organs shall exercise powers relating to supervision and examination or criminal investigation powers, net about car platform of the company shall not provide to any third party driver, some passengers and the car's name, contact information, home address, bank account or paid account, personal information such as location, travel routes, may not disclose the geographical coordinates, geographical landmarks and other sensitive information involving national security.
"Previously, as the nets about a car platform exists on your driver and vehicle access auditing omissions, in many cases, network reservation network about some car and does not match the actual vehicles to pick up and, on passenger safety and security problems. The measures introduced, nets around car platforms in examining the drivers and vehicles will be more stringent. "A network of some vehicle platforms in China surging to the news.
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