Minutes of the Legislative Hearing on the Sichuan Road Transport Regulations (Revised Draft)
Zhang Yutian, Director of the Legislative Affairs Office of the Provincial Government (Host)
Distinguished hearing representatives, hearing participants, and friends from the news media:
Good afternoon everyone! I am very happy to invite you to participate in today’s legislative hearing on the "Sichuan Provincial Road Transport Regulations (Revised Draft) ". Welcome! This legislative hearing was proposed by the Legislative Affairs Office of the Provincial Government and held in Luzhou City. It is a manifestation of our party’s mass line education and practice activities, and it is also to further solicit opinions from grass-roots departments, the people and other aspects, and to better engage the public.
On April 16, 1996, the 20th meeting of the Standing Committee of the Eighth Provincial People’s Congress passed and promulgated the "Regulations on the Administration of Road Transport in Sichuan Province". The road transport industry in the province has changed and developed with the changes of reform, opening up and modernization. The prosperity and development of the road transport industry has brought significant impetus to the development of reform and opening up over the past 30 years. The flow of modern logistics, people flow and information flow is a scene of great development and prosperity in the road transport industry. Road transport work involves a wide range of work, and legal relationships are relatively complex. There are both what we usually call civil legal relationships, administrative legal relationships in management, and to a certain extent criminal legal relationships, which can involve almost everyone.
In 1997, 2002, and 2006, our province successively amended or amended the regulations three times, putting the development of our province’s road transportation industry on the track of legalization. This has played an important role in strengthening the province’s road transportation management, maintaining road transportation market order, ensuring road transportation safety, protecting the legitimate rights and interests of all parties involved in road transportation, and promoting the sustainable, rapid and healthy development of our province’s road transportation market.
While the road transportation industry in our province is developing rapidly, it is also facing some new situations and new problems. In particular, the reform of refined oil taxes and fees and the reform of the transportation ministry system have had a profound impact on the development of the road transportation industry, and the management scope and management mode of the road transportation industry have undergone major changes. In order to adapt to the current development and changes of the road transportation industry in our province, it is necessary to revise the "Sichuan Provincial Road Transportation Regulations". The "Sichuan Provincial Road Transportation Regulations (Revised Draft) " has been included in the legislative plan of the Standing Committee of the Provincial People’s Congress and the Provincial Government in 2013, and has been included in the items reviewed by the Standing Committee of the Provincial People’s Congress in November.
During the revision process of the "Sichuan Provincial Road Transport Regulations", we solicited the opinions of relevant provincial departments and municipal (prefectural) people’s governments, learned from the advanced experience of sister provinces and cities, and conducted legislative research at the grassroots level. At the same time, considering that the revision of the "Sichuan Provincial Road Transport Regulations" involves the vital interests of the general public, social public safety and public interests, in order to improve the quality of legislation and increase public participation in local legislative channels, combined with the Party’s mass line education and practice activities currently being carried out, after research, the Provincial Government Legal Affairs Office and the Transportation Department decided to hold a legislative hearing in Luzhou City today to widely listen to the opinions and suggestions of all aspects of grass-roots society. Legislative hearings are a system in which the legislature, in order to collect and obtain materials and information related to legislation, invites relevant government departments, experts, scholars, and citizens, legal persons, and even ordinary people who have an interest in laws and regulations to present their opinions on some key points, hot spots, and concerns in legislation, and provides a basis and various reference opinions for the legislature to review laws and regulations. Listening to opinions by holding legislative hearings is an important measure for local legislative work to adhere to democracy, pay attention to the expression of people’s interests, enhance legislative transparency, and promote scientific legislation and democratic legislation. It is also an important procedure for legislation. Today’s legislative hearing is jointly organized by the Legislative Affairs Office of the Provincial Government and the Department of Transportation. It is undertaken by the Legal Affairs Office of the Luzhou Municipal Government and the Luzhou Municipal Transportation Bureau. The Luzhou Municipal Road Transport Administration is specifically implemented. For this legislative hearing, the relevant departments of Luzhou City have made a lot of preparations, and I would like to express my heartfelt gratitude.
Through the process of issuing announcements, accepting registrations, and selecting hearing representatives, a total of 13 representatives participated in today’s hearing, including 1 representative of the Municipal People’s Congress, 2 representatives of grass-roots law enforcement units, 1 representative of the tourism department, 2 representatives of transportation enterprises, 1 representative of the passenger station, 1 representative of the rental enterprise, 1 representative of the car rental enterprise, 1 representative of the driver, 1 representative of the lawyer, 1 representative of the teacher, and 1 representative of the passenger. At the same time, friends from the media are welcome to participate in the observation and interview reports after the meeting.
This hearing involves a wide range of representatives and is highly representative, with a generally high cultural level and strong practical experience. It is hoped that the delegates will speak freely on the main topics and other content of the hearing, fully express their opinions, and consciously abide by the various disciplines of the meeting: first, in order to keep the venue quiet, please turn off the mobile phones they carry with them or adjust the mobile phones to vibration mode; second, the participants should listen carefully to the speeches of the hearing representatives and do not interrupt the hearing representatives at will; third, please introduce yourself first when the hearing representatives speak, and the content of the speech should be clear and briefly explain the reasons; fourth, to repeat the opinions, you only need to express your position and do not need to repeat them; fifth, in order to ensure a fair opportunity for the hearing representatives to speak, the speaking time of each hearing representative should not exceed 8 minutes in principle; sixth, the written opinions of the representatives should be submitted to the conference staff after the meeting.
For the first item on the agenda, please invite Comrade Wang Xiaoshi, Secretary of the Party Committee and Deputy Director of the Transportation Management Bureau of the Ministry of Transport, to explain the revision of the "Sichuan Road Transport Regulations".
Wang Xiaoshi, Secretary of the Party Committee of the Transportation Management Bureau of the Department of Transportation
Dear delegates and friends from the press, good morning!
Entrusted by the Provincial Department of Transportation, I now make the following remarks on the amendments to the Sichuan Provincial Road Transport Regulations:
The necessity of amending the Regulations
Road transportation is the foundation of the modern comprehensive transportation system, an important industry of the national economy, and is related to the vital interests of the broad masses of the people. In recent years, the road transportation market in our province has shown a good development momentum, the road transportation capacity has been significantly improved, the road transportation structure has been optimized, the market environment has been further improved, the service quality has been continuously improved, and the support and guarantee role for the province’s economic and social development has been increasing. It has occupied a dominant position in the comprehensive transportation system. By the end of 2012, the provincial road passenger and freight volume reached 2.66 billion and 1.58 billion tons respectively, accounting for 95% and 91.5% of the comprehensive transportation volume respectively. The province’s business passenger and truck reached 52,000 and 616,000 vehicles respectively, urban buses and taxis developed to 24,000 and 41,000 vehicles respectively, rural passenger vehicles broke through 30,000 vehicles, township (town) and village bus rates reached 92.5% and 76.8% respectively, the province’s tourist buses reached 3752, of which the proportion of senior passenger cars reached 70%. There are 2108 passenger and freight stations in the province, 27,000 motor vehicle maintenance households, and 1.41 million people who completed driving training every year. The road transportation industry in our province has basically formed a situation of rational division of labor, organic connection, mutual matching and coordinated development.
With the rapid development of the national economy and society, the society has put forward diversified and high-quality transportation needs, and the internal and external development environment of the road transportation industry has undergone significant changes. In particular, the country has implemented the reform of refined oil taxes and fees and the reform of the transportation ministry system, which has had a significant impact on the transportation organizational structure and the transportation market pattern. The extension and connotation of the management functions of the road transportation industry have also been greatly expanded, and the tasks undertaken in the economic and social development have increased significantly. Therefore, in order to adapt to the current development and changes of the road transportation industry in our province, the original "Regulations" need to be revised, supplemented and improved.
(1) The scope of adjustment and the setting of the relevant management system and mechanism of the "Regulations" can no longer meet the actual needs of the current development of the road transportation market, the reform of the large-ministry system and the integrated development of urban and rural transportation. The reform of the transportation large-ministry system integrates the relevant functions of the government and forms a unified management system. The unified integration of urban public transportation and taxi passenger transportation into the road transportation industry ensures the integrity and unity of the road transportation market system, which is conducive to the establishment of a fair, unified, healthy and orderly road transportation market, and is also conducive to the long-term stable development of the road transportation industry. For the transportation management department in the reform of the large-ministry system, it is necessary to comprehensively consider how to give full play to the advantages of various transportation modes, make effective connections, realize the rational layout of various transportation modes, and comprehensively consider the transportation needs between cities, Therefore, new regulations are needed to make guiding provisions in building an integrated transportation system.
(2) The amendment of the regulations is necessary to promote the transformation and upgrading of the management and development of the road transportation industry in our province. Under the new situation of transforming the development mode of road transportation, building a comprehensive transportation system, and accelerating the development of the modern road transportation industry, there are still many contradictions and deep-seated problems in the development of the road transportation market in our province that need to be solved urgently: first, the structural contradictions of the industry are still relatively prominent, the development of transportation in rural and remote areas is relatively lagging behind, and the effective supply capacity to meet the diverse and high-quality transportation needs is insufficient; second, the development mode of the industry is relatively extensive, the degree of transportation organization is relatively low, and the intensive development momentum relying on technological progress and scientific management is insufficient; third, the advantages of road transportation itself have not been fully exerted, and the effective connection and benign interaction between it and other transportation methods are insufficient, making it difficult to achieve "zero-distance transfer" for passenger transportation and "seamless connection" for freight transportation; fourth, compared with supporting the development of modern logistics and meeting The conditions and service capabilities of transportation equipment and station facilities are insufficient; the fifth is that the order of the transportation market needs to be further standardized, the service awareness and social responsibility of road transportation and related business operators still need to be strengthened, and the construction of the market integrity system needs to be further accelerated; the sixth is that the industry safety and stability situation is severe, the road transportation safety production situation cannot fully meet the needs of the masses for safe and convenient travel, and the stamina for sustainable development is insufficient; the seventh is that the industry management concept, mode and regulatory means cannot fully adapt to the comprehensive, coordinated and sustainable development of the road transportation industry.
Based on the above situation, the original "Regulations" can no longer meet the needs of further reform and development of the road transportation industry in our province. In order to further adjust and standardize various social relations in the operation and management of road transportation and ensure the unity of the legal system, it is urgent to revise the original "Regulations", so as to provide a strong legal basis and guarantee for the healthy and sustainable development of the road transportation industry in our province in the future.
II. The process of amending the Regulations
In 2012, the Standing Committee of the Provincial People’s Congress and the provincial government listed the "Sichuan Road Transport Regulations (Revised) " as a first-class legislative project in 2013. According to the requirements of legislative work, the Provincial Department of Transportation established a drafting group for amending the regulations. On the basis of comprehensively summarizing the practical experience of road transportation management in our province in recent years, in-depth research on the current situation of the road transportation market, analysis of existing problems, and drawing on the useful experience of the state and other provinces and cities in road transportation management regulations, the "Regulations (Revised Draft) " (preliminary draft) was completed by the end of 2012, and opinions were solicited in the province’s transportation system for many times, and discussions and demonstrations were held with representatives from relevant parties. After repeated revisions, a draft of the "Regulations (Revised Draft) " was formed, and it was submitted to the provincial government in June 2013. After preliminary amendments, the Legislative Affairs Office of the Provincial Government solicited the opinions of the Provincial Development and Reform Commission, the finance, public security, housing and urban-rural construction, industry and commerce, environmental protection, quality supervision and other departments and 21 municipal and state governments in writing. According to relevant laws and administrative regulations, combined with the actual situation of our province, the "Regulations (Revised Draft) " (draft on behalf of the draft) have been revised many times. During this period, the Legislative Affairs Office of the Provincial Government, together with our department, went to Luzhou, Chengdu, Guizhou and other places to conduct research, listen to the opinions of relevant operators and grass-roots managers, and held a symposium attended by the local Legislative Affairs Office, the Transportation Bureau and relevant departments. On the basis of in-depth research, the submitted draft was repeatedly studied, demonstrated and revised chapter by chapter, and the current draft was formed.
III. Main Contents of the Amendments to the Regulations
In the process of revising the "Regulations", we adhered to the idea of "non-conflicting, distinctive, operable, and practical", and basically retained the framework structure of the original "Regulations", which is divided into six chapters: general provisions, road transportation, road transportation-related business, supervision and inspection, legal responsibility, and supplementary provisions, with a total of 69 articles. This revision is mainly to adapt to the reform of the majority system, highlighting the construction of a comprehensive transportation system, the transformation and upgrading of the road transportation industry, the transformation of industry management functions, and the management of road transportation safety. It has added relevant content on the management of urban public transportation and taxis, deleted relevant charging clauses, and revised the relevant provisions in accordance with the implementation of the regulations in recent years and the new situation and new problems in the current road transportation market.
(1) Regarding the name of the regulations.
To amend the "Sichuan Provincial Road Transport Management Regulations" to "Sichuan Provincial Road Transport Regulations", the following factors are mainly considered: First, it is consistent with the "Road Transport Regulations" of the State Council and the names of road transport management regulations issued by other provinces and municipalities. At present, the State Council and most provinces and municipalities do not have the word "management" in the names of road transport management regulations; Second, the "Regulations" regulate the behavior of all parties involved in road transport activities, including the behavior of managers and the managed, so delete the word "management"; Third, change the previous "management, InspireCloud" industry management concept, highlighting the transformation of government functions and promoting the development of the road transport industry.
(2) To adapt to the transformation of transportation functions, relevant provisions for building a comprehensive transportation system and promoting the coordinated development of various modes of transportation have been added.
The "Regulations (Revised Draft) " stipulates that: The people’s governments at or above the county level shall strengthen the leadership of road transportation, coordinate the development of road transportation and other transportation modes, give priority to the development of bus passenger transportation, actively develop urban and rural logistics, promote the integration of urban and rural passenger transportation, and establish a road transportation emergency security system (Article 4); The people’s governments at or above the county level shall formulate road transportation development plans within their administrative regions, which are in line with national economic and social development plans, urban and rural planning, land use overall planning and comprehensive transportation development planning (Article 6). The above provides guiding provisions for the construction of a comprehensive transportation system.
(3) According to the functional adjustment of the transportation department and the actual development of road transportation, the urban bus passenger transportation and taxi passenger transportation shall be included in the adjustment scope.
This is in accordance with the requirements of the national "ministry system" reform, the original construction department’s responsibility of "guiding the management of urban passenger transportation and taxi industry" was transferred to the transportation department as a whole, and urban public transportation and taxi passenger transportation were uniformly included in the scope of the road transportation industry. In order to maintain the integrity and unity of the road transportation system and solve the outstanding problems that the public bus passenger transportation and taxi industry in our province cannot rely on at present, drawing on the legislative experience of other provinces, public bus passenger transportation and taxi passenger transportation were included in the scope of adjustment of the "Regulations".
The first is to clarify the responsibilities of the city people’s government. The "Regulations" stipulate that "the relevant city people’s governments shall formulate plans for the development of buses and taxis, regulate the scale of development in a timely manner, determine the duration of bus passenger routes, taxi passenger operation rights and the service life of vehicle operation, and organize, coordinate and supervise the development and reform of transportation, finance, public security and other relevant departments to do a good job in the operation rights of the taxi industry, recycling, charging, profit distribution, and industry stability." (Article 14).
The second is to stipulate the conditions for the entry and exit of the bus and taxi passenger transportation industry and the conditions for the driver’s employment. It is clear that passenger transportation includes shuttle bus passenger transportation, chartered passenger transportation, bus passenger transportation, and taxi passenger transportation (Article 2, paragraph 2); Passenger transport operators shall obtain road transportation business licenses and industrial and commercial business licenses in accordance with the "Road Transport Regulations of the People’s Republic of China" and other relevant provisions, and engage in business activities within the permitted business scope (Article 7, paragraph 1); Those who engage in taxi passenger transportation shall first obtain the right to operate taxi passenger transportation in accordance with relevant regulations. Drivers engaged in taxi and bus passenger transportation shall meet the employment conditions stipulated by the state (Article 13).
The third is to authorize the provincial government to formulate regulations for adjustment of specific management content. In view of the complexity of the operation and management of bus passenger transportation and taxi passenger transportation, its service quality and service level are also closely related to the daily travel of the public, and the higher-level law has not yet been promulgated. Therefore, the "Regulations (Draft Amendment) " only provide principled provisions on major issues, and the specific provisions will be regulated by the provincial government regulations after the higher-level law is promulgated.
(4) In accordance with the principle of safety first, the management regulations for road transportation safety production have been increased to ensure the safety of road transportation sources.
The road transportation industry is a service industry related to social public safety. Safety is the most basic requirement of the people for road transportation. It is also the focus and direction for the transportation sector to strengthen public service capabilities in the future. In recent years, the road transportation safety situation in our province has improved, but the problems affecting and restricting road transportation safety production have not been fundamentally solved. There are still many factors that induce safety accidents. It is very difficult and arduous to ensure road transportation safety. Guaranteeing road transportation safety is an important guiding ideology and legislative purpose for amending the "Regulations". In order to urge operators and employees to strengthen safety awareness and prevent and reduce the occurrence of safety accidents, the "Regulations" strengthen the responsibility of road transportation safety management.
The first is to increase the withdrawal mechanism for employees. The "Regulations (Revised Draft) " determined that the province’s passenger and cargo drivers should implement further education, integrity assessment and score management systems (Article 21); road transport management agencies should establish a road transport operator’s reputation assessment and evaluation system, give points and points, and authorize provincial transportation authorities to formulate (Article 52).
The second is to increase the penalties for operators who have suffered from safety accidents. If a major safety accident occurs and the rectification fails, the corresponding business scope shall be reduced or the road transportation operation license shall be revoked; if there are major safety hazards for road transportation operators and large or above road transportation traffic accidents occur, no new passenger routes or vehicles shall be added (Article 61).
The third is to strengthen daily supervision and management. The "Regulations (Draft Amendment) " stipulates that commercial vehicles shall install and use satellite positioning devices to ensure the normal operation of the system, determine the supervision of special personnel, and monitor in real time (Article 26); the technical and type grades of shuttle and chartered passenger vehicles and the technical grades of freight vehicles must meet relevant state regulations and be regularly verified (Article 25).
The fourth is to strengthen the coordination and cooperation between departments. The "Regulations (Revised Draft) " clarify that traffic and public security should establish an information sharing mechanism for illegal acts of operating vehicles and driver traffic safety accidents; all departments should strengthen communication, cooperation and information sharing, and jointly do a good job in road transportation safety in the case of geological disasters and extreme weather (Article 47); Under the leadership of local people’s governments at or above the county level, relevant departments should strengthen the supervision and management of the road transportation market order, establish and improve a long-term mechanism for cracking down on illegal operations of road transportation, and investigate and punish illegal operations of road transportation according to law (Article 46).
(5) In accordance with the principle of people-oriented and convenient services, relevant regulations on the management of the road transportation industry have been improved.
The first is to add regulations on the management of road transportation operations: with the approval of the joint higher-level road transportation management agency at the place of origin and end, tourist chartered vehicles can carry out team tourism transportation services outside the location of the vehicle’s registration (Article 11, paragraph 4); motor vehicle driving training coaches shall install timing equipment to supervise teaching activities and ensure their normal operation (Article 41); passenger and freight transportation and related business operators shall go through relevant procedures for merger, separation or suspension or termination of operations (Article 19, Article 29).
The second is to conform to the trend of industry development and elevate the effective practices created in practice into law. For example, in terms of promoting the development of the modern logistics industry, the "Regulations (Revised Draft) " stipulates that the development of multimodal transportation, drop-and-hang transportation and urban-rural distribution is encouraged, and multi-axle heavy-duty, container, van-type enclosed and tank-type special vehicle transportation is actively promoted (Article 16); in terms of improving the emergency transportation guarantee mechanism, the "Regulations (Revised Draft) " stipulates that passenger and freight transportation operators shall complete the task of emergency transportation. In the event of a public emergency, emergency transportation may be carried out with the approval of the transportation management agency (Article 27).
(6) With the adjustment of relevant laws and policies, provisions that conflict with superior regulations have been revised. For example, in accordance with the spirit of the State Council’s implementation of the reform of refined oil prices and taxes, and in accordance with the Ministry of Finance, the National Development and Reform Commission, the Ministry of Transport, the Ministry of Supervision, and the Audit Office’s "Notice on Announcing the Cancellation of Highway Maintenance Fees and Other Traffic and Vehicle Charges" (Caizong [2008] No. 84), the provisions on traffic fees in the original regulations are deleted. In the legal liability, relevant content that duplicates or is inconsistent with the regulations of the relevant ministries and commissions has been deleted, such as passenger transport operators who do not operate according to the permitted operating routes (Article 54 (2) of the original regulations), road transport station operators who allow vehicles that fail the safety inspection to leave the station (Article 56 (2) of the original regulations).
The above revised instructions, please provide more valuable comments and suggestions.
Thank you very much.
Zhang Yutian, Director of the Legislative Affairs Office of the Provincial Government (Host): Now for the second agenda item, please express your opinions on the main topics of the legislative hearing.
Luzhou Foreign Language School Zheng Jiahua (Citizen Representative)
My name is Zheng Jiahua, and I am a retired teacher of Luzhou Foreign Language School. I have the following comments on the "Regulations".
1. Article 2, paragraph 2, "Chartered passenger transportation" includes "school buses and taxis". Article 7, paragraph 3, whether taxis can be used for temporary tourist chartered buses, and if so, how long and how large the chartered bus is;
2. Paragraph 4 of Article 11 "Approved by the common higher-level road transportation management agency at the place of origin and destination" is recommended to be replaced by "Approved by the road transportation management agency at the place of origin and destination;
3. Article 8 The word "through" should be added in the middle of "rural passenger transportation", otherwise "there are standardized stations in the middle" should be added in (2);
4. At the end of paragraph 2 of Article 9, add "If the service is suspended due to force majeure, it is necessary to immediately or as soon as possible to explain to the passengers in various ways, and promise to resume operations within a time limit";
5. In the second sentence of Article 10, add "or other unit" after "handed over to others" (Note: the following sentence is the same);
6. Paragraph 4 of Article 11 is adjusted to the end of Paragraph 2, because what they talked about together were "chartered cars" and "car registrations";
7. The previous "work" should be deleted from "stable work and other work" at the end of Article 14, paragraph 1;
8. Add "unit or individual" after "transported" at the end of the first sentence of Article 17, so that the direction and restrictions are clearer;
9. Paragraph 1 of Article 22 "Transporting passengers and goods according to the approved number of passengers and weight of the vehicle" shall specify the type of carrier vehicle, and non-rolling shuttles, buses, and taxis may be less than the approved passengers. "Road transport vehicles are strictly prohibited from mixing passengers and goods and running at excessive speed, overload, and overtime" shall be added "ultra-wide and ultra-high";
10. Paragraph 2 of Article 28 "If economic losses and personal casualties are caused by entrainment, the responsible person shall bear corresponding legal responsibility". Does "responsible person" refer to the operator or the entrainer? To avoid ambiguity, add "permission or secret" before "entrainment" to clearly distinguish the responsibility;
11. Add the first sentence of the second paragraph of Article 30 "Small passenger terminals shall randomly check passenger bags", otherwise the last sentence of the first paragraph of Article 32 – the passenger terminal shall take measures to prevent personnel carrying dangerous goods from entering the station and boarding the train – can be transferred to the front of the second paragraph of Article 30. In addition, this sentence is similar to the first sentence of the second paragraph of Article 28;
12. Add "or without explanation" after "forcibly" at the end of Article 33;
13. Add "replacement parts" at the end of Article 38;
14. It is recommended that the "Regulations" make legal restrictions on "driving on behalf of";
13. Add " (including licensed, zero-hour, short-distance, informal) " after "practitioners" in Article 48 (1);
14. Article 54 or Article 57 Add "without the qualification to carry out passenger activities".
Luzhou Jieke Law Firm lawyer Feng Jun (lawyer representative):
Distinguished moderators and delegates, I am Feng Jun, a representative from Luzhou Jieke Law Firm. Around the main topics of this hearing, I would like to briefly make a few comments, please correct me.
1. The provision that tour chartered buses can carry out group tour transportation services outside the location of the vehicle’s registration is inappropriate and unnecessary.
Reason 1: The function of the passenger shuttle bus is to provide public services, not to engage in the tour charter business. The tour charter business can be completed by a special tour charter company without the participation of the passenger shuttle bus. On the contrary, its participation in the tour charter business will only reduce the level of its public services;
Reason 2: Passenger transport companies want to legalize the passenger shuttle tour charter business, the purpose is just to exchange more money. In the past, the driver of the passenger transport company would use the company’s shuttle bus maintenance period and the driver’s rest time to engage in the tour charter business with the company’s car. The money earned goes to the driver personally. Now the passenger transport company just wants to put the money into its own pocket by legalizing the passenger shuttle tour charter business. However, the driver of the passenger transport company may take advantage of the company’s shuttle bus maintenance period and the driver’s rest time to use the company’s car to engage in the tour charter business, which seriously damages the public interest. Passenger cars are not properly maintained during maintenance, and drivers do not get enough rest, which lays a serious hidden danger for the safety of their public services.
2. The cumulative deduction system is feasible, which is conducive to improving service quality and improving management efficiency. However, the following issues should be taken into account:
(1) How to deduct points specifically, so as not to cause too much psychological pressure on the driver.
(2) When deducting points, we should also consider how to add points to the driver’s good behavior, so that such a reward and punishment system can be considered perfect and reasonable, not just punishment but not reward, which is not conducive to mobilizing the driver’s work enthusiasm.
(3) How can this system be truly implemented? One of the most difficult issues is how to involve the public in this system, and how to ensure that they can make fair and objective evaluations of driver services.
3. I think the relevant provisions on bus and taxi passenger transportation are feasible.
4. "Operators shall not provide or disguise driving services to the lessee, and leased vehicles are prohibited from engaging in commercial transportation", which I think is feasible, which is conducive to protecting the interests of the disadvantaged group as the lessee, and at the same time ensures the normal order of the leased vehicles being used for public transportation.
During the lease period, various loss risk issues can be resolved through negotiation between the leasing company and the lessee themselves. The traffic control department only needs to clarify the responsibility for some necessary losses for the purpose of protecting the lessee’s interests, which is in line with the principle of free will in civil activities. At the same time, it takes into account fairness and the protection of the interests of vulnerable parties.
Zhang Jinhua, Director of Sichuan Pingtong Law Firm (Luzhou Municipal People’s Congress)
Dear leaders and representatives, I am Zhang Jinhua, a lawyer representative of Sichuan Pingtong Law Firm. I have a few suggestions for the "Regulations".
(1) Regarding the appropriateness and feasibility of the regulations on tour chartered buses that can carry out group tour transportation services outside the place of vehicle registration, it is not appropriate to introduce regulations in order to prevent tour chartered buses from engaging in illegal activities in bus stations and other places in the name of carrying out group tour transportation services.
2. Whether the relevant provisions on bus passenger transportation and taxi passenger transportation are appropriate and feasible (Articles 7, 13, and 14) In order to prevent passenger transportation enterprises from failing to put into operation in a timely manner to provide services to the public after obtaining the corresponding license, it may be stipulated that they must be put into operation at the specified time in accordance with the opening conditions determined by the license. At the same time, it is necessary to stipulate the legal consequences that they should bear if they fail to put into operation at the specified time.
3. On the question of whether it is necessary and appropriate to implement the cumulative points system for road passenger and freight drivers, I personally think it is advantageous and feasible. In order to strengthen the management of road transport drivers, it is necessary to implement a points management system for passenger and freight drivers. The points period is 12 months, and the total points are 20 points. However, further regulations should be made on the circumstances under which points should be made and the value of points in each case.
4. Article 34 of the "Road Transport Regulations" of the State Council stipulates that passenger motor vehicles cannot be rented out, but in practice there are indeed other motor vehicle leasing business entities. In order to prevent motor vehicle business entities from engaging in passenger transportation in disguise, it is necessary to stipulate that operators shall not provide or disguise driving services to the lessee, and leased vehicles are prohibited from engaging in commercial transportation. However, it is not necessary to stipulate that during the lease period, losses caused by vehicle technology and equipment problems shall be borne by the operator. Losses caused by improper use and storage by the lessee shall be borne by the lessee. The reason is that such leasing is a contractual act, which can be fully adjusted by the relevant provisions of the lease contract in the Contract Law, and sometimes the lessee knows that the rental vehicle has certain safety hazards and agrees to lease, so the above content can be completely agreed by both parties in the contract, and local regulations should not make mandatory provisions.
5. Article 56 The penalties for the unauthorized use of other motor vehicles for passenger and freight transportation are too low and invalid, because Chapter VI of the Regulations of the People’s Republic of China on the Administration of Road Transport has made clear provisions on the penalties for relevant acts.
In addition, for the entire revised draft, the following text adjustments should be made:
1. Paragraph 1 of Article 5 shall specify the specific departments of "administrative departments" and "road transportation management agencies at or above the county level";
2. "Origin and destination" can be considered to be changed to "departure and arrival" to avoid people not understanding its meaning;
3. Article 67 "The Provincial Development and Reform Commission in conjunction with the Provincial Finance Department" shall use the full name.
Zhang Junlin, deputy county-level researcher of Ganzi Prefecture Transportation Management Office (representative of grassroots transportation management)
Dear leaders and friends, my name is Zhang Junlin, from Ganzi Prefecture Transportation Management Office.
1. Support the amendment to Article 11 to add "With the approval of the higher-level road transportation management agency at the place of origin and destination, the tour chartered car can carry out group tourism transportation services outside the place where the car’s registration is located".
Reason 1: In line with the development of the tourism transportation industry in Sichuan Province, it is conducive to promoting the development of open tourism transportation services in Sichuan Province. With the approval of the common higher-level transportation management agency, the quality of tourism transportation services can be effectively improved.
Reason 2: Judging from the current road tourism transportation mode in Chengdu and Aba, this creative operation mode is feasible, and the experience is worth using regulations to determine, and the standards are consistent. Use laws to promote road transportation management.
Reason 3: From the actual situation, it is conducive to solving the long-standing conflicts of business interests between transportation enterprises in tourist destinations and tourist sources, enabling the province to build barrier-free tourism, achieve people-oriented, and provide convenient and high-quality tourism transportation services for the majority of tourists.
2. Agree with Article 10, Article 53, paragraph 2, Article 7, Article 13, Article 14 and Article 43 of the revised draft, and consider it feasible and appropriate.
Luzhou Longmatan Transportation Management Branch Deputy Director Li Wei (grassroots transportation management representative):
I am a grass-roots representative from the Longmatan District Transportation Management Bureau of Luzhou City. Next, I will make the following comments on the main topics.
1. Regarding the provisions of Article 11 (4) on the development of off-site group tourism services, I don’t think it is very appropriate. The main reason is that the main responsibility of enterprise safety is not well implemented, passenger vehicles are operated in off-site, and a series of management measures such as driver safety education and training, vehicle technical management, and operation management are not implemented, which poses potential safety hazards. Second, it conflicts with the provisions of the Ministry of Transport’s "Regulations on the Administration of Road Passenger Transport and Passenger Terminals" that "the chartered passenger transport end must be at the place of vehicle registration"; third, the regulatory responsibility is difficult to implement, and the regulatory responsibilities of the road transportation management department at the place of vehicle registration and the place of operation are intertwined, which is easy to cause the phenomenon of deregulation and prevarication. Fourth, it brings operational difficulties to local tourist passenger transport enterprises, and even the proliferation of such vehicles in various places causes bad competition, and the Therefore, it is recommended not to add this item.
2. Regarding the management of rental vehicles involved in Article 43, it is recommended to abolish the reference provisions on the filing management of the car rental industry. Car leasing does not belong to the scope of road transportation administrative licensing, the filing management is less operational, and the management has no relevant legal and regulatory basis; abolish the provisions on the issuance of road transportation licenses for rental vehicles, because road transportation licenses are documents issued to vehicles that have obtained business licenses, and are proof that operating vehicles have obtained business licenses. Rental vehicles do not belong to the scope of road transportation business licenses. The issuance of road transportation licenses is contrary to the "Regulations" and relevant transportation management regulations. It is recommended to cancel;
3. In paragraph 3 of Article 2, "road passenger transport stations shall" be expressed as "places with the function of getting on and off the bus";
4. In Article 8, the conditions for the opening of a passenger line "have a passenger station at the beginning and end points of the passenger line" can be expressed as "if there is no passenger station at one or both ends of the rural passenger line, the township people’s government and the transportation enterprise shall be responsible for safety supervision";
5. It is recommended to add chapters and provisions on the source management of road transportation safety, further clarify the responsibilities of source supervision, and clarify relevant legal responsibilities: "1. Strictly implement the management of access and exit from the road transportation market, strictly implement the access conditions of the road transportation market, and strictly implement the exit conditions that do not meet the safety production conditions; 2. Strictly implement the training and management regulations for drivers and professional qualification certificates; 3. Strictly implement the technical management regulations for operating vehicles, strictly evaluate the technical level of vehicles, and supervise the strict mandatory maintenance and comprehensive performance testing of vehicles; 4. Supervise the safety management of automobile passenger stations, and strictly implement the management system of" three no entry and five no exit ".";
6. The draft provisions on the implementation of the cumulative points system for road passenger and cargo drivers, I don’t think this article is very mature and inappropriate. Although the Ministry of Transport has issued the "Measures for the Integrity Assessment of Road Transport Employees", the relevant supporting software system is not yet available. It is recommended to cancel this clause and implement it after maturity.
7. To amend the relevant provisions of the draft on bus passenger transportation and taxi passenger transportation, it is recommended to clarify the responsibilities of the regulatory authorities for the charging and benefit distribution of taxi enterprises in Article 14 of the Regulations; it is recommended to clearly set penalties for taxi off-site operation, staging, and refusal in the legal liability chapter; it is recommended that the provincial government issue urban public transportation management measures as soon as possible.
Lu Yuehua, Manager of Jiucheng Tourism Branch of Luzhou Xuantan Transportation Co., Ltd. (Representative of Tourism Passenger Transport Enterprises)
I would like to discuss my opinion on the regulation that tour chartered buses can carry out group tour transportation services outside the car and the location upon approval. My opinion is inappropriate for five reasons:
Reason 1: It is not clear under what circumstances approval can be granted.
Reason 2: When approving, whether to seek the opinions of the road transportation management agency in different places;
Reason 3: Whether there is demand in the off-site market, and there is no verification that the capacity meets the conditions;
Reason 4: Whether it will have an impact on the off-site market, causing disorderly competition and malicious bargaining;
Reason 5: It poses difficulties for safety management.
Luzhou Xingyun Passenger Transport Center Station Zhao Dashu (representative of the passenger station)
My name is Zhao Dashu, from Luzhou Xingyun Passenger Transport Center Station. Today, I would like to put forward my views on the safety management of the source of the passenger station.
It is recommended that Article 22 add provisions such as the driver’s continuous driving time shall not exceed 4 hours and the specific time for landing rest, and restore the original 24-hour cumulative driving time shall not exceed 8 hours. At the same time, it is recommended that Article 12 and Article 22 The driving time and transportation mileage of the vehicle should be revised and the speed limit standard should be basically the same, so that the passenger station can better judge whether the driver is running overtime during transportation organization.
Ma Li, General Manager of Yake Transport Co., Ltd. (Representative of Tourism Passenger Transport Enterprises)
Hello, I am Ma Li, a representative from the tourism passenger transport enterprise. Now I am the general manager of Sichuan Ganzi Yak Transport Co., Ltd., and also the general manager of Sichuan Jiuzhai Transport Yak Branch. Today, I would like to express my views on the first item on the topic.
I am in favor of the draft amendment to the provisions on group tour transportation services that can be carried out outside the location of the vehicle’s registration upon approval.
Reason 1: This clause provides legal protection for the establishment of barrier-free tourism in our province. Barrier-free tourism is an inevitable trend of tourism development. In reality, the implementation of barrier-free tourism in the Pearl River Delta has been successful. The barrier-free tourism pioneered by Chengdu and Aba in our province also proves the rationality and scientificity of this clause.
Reason 2: This clause conforms to the principle of resource interoperability and sharing between tourism resource-owning places and tourist-owning places.
Reason 3: This clause is conducive to further strengthening the competition mechanism of passenger transportation enterprises and promoting enterprises to improve their service level and capabilities.
Reason 4: This clause is conducive to further enhancing the focus of supervision and law enforcement of road transport agencies, transferring limited human and material resources to safety supervision of passenger transportation work, and creating a clean law enforcement environment.
Reason 5: This clause is conducive to helping qualified regular passenger transport enterprises to invest more of their limited manpower, material resources and finances in the improvement of safety management level and the investment and application of science and technology.
Reason 6: Once this clause is implemented, it will help to avoid the destabilization of tourist passenger vehicle groups in the region to a certain extent.
In addition, I also think that the time is not ripe for the draft amendment to implement the cumulative points system for road passenger and cargo drivers, and it is more reasonable to implement it after it is ripe. I agree with the rest.
Xia Ye, driver of Luzhou Bus Company (driver representative)
My name is Xia Ye, and I am the driver representative of Luzhou Public Transport Company. My comments on the revised draft are as follows:
1. The system of accumulating points for driver assessment cannot be a burden for drivers, and a reasonable assessment can warn drivers to drive safely.
2. Strengthen the crackdown on black cars to protect the legitimate rights and interests of drivers. There are three reasons, one is that black cars bring unfair competition to the market, the other is that black cars have no safety guarantee and do not abide by road traffic regulations, which brings potential safety hazards to vehicles traveling on the road, and the third is that black cars seize limited passenger flow resources, which has a serious impact on the efficiency of enterprises.
Zhou Yuhui, General Manager of Luzhou Kangtai Transportation Co., Ltd. (Representative of Taxi Passenger Transport Enterprise)
I am Zhou Yuhui, the general manager of Luzhou Kangtai Transportation Co., Ltd., and I am honored to participate in today’s hearing. My views are as follows:
1. It is recommended that in Article 14, the functions of the regulatory authorities on the charging and profit distribution of taxi enterprises should be further clarified; whether the supervision, coordination and distribution of the cost and profit of the enterprise in the operation can be considered specifically;
2. It is recommended that in Chapter 5 of Legal Liability, common behaviors such as taxi operation, staging, and refusal to load should be included in the penalty clauses, among which it should be clear whether the taxi can carry passengers to a different place, whether it can take the passenger on the way back when returning, and how to punish the refusal to load.
3. In the issue of corporate norms, how should the safety of attached private vehicles be stipulated?
4. According to the implementation of the Ministry of Communications and the Provincial Department of Transportation on the quality assessment of Enterprise Services, whether the application of the evaluation results can be included in the regulations.
Luzhou Ruancao Gardening Village Kong Li (Passenger Representative)
Hello everyone, my name is Kong Li, and it is an honor to participate in today’s hearing as a passenger representative. Today, I would like to talk about my views on the Regulations from the vital interests of ordinary passengers
1. The amendments are basically agreed.
2. Strongly agree with the provisions of Article 4 on the priority development of bus passenger transportation, and should strengthen the integration of urban and rural areas. Urban public transportation should be extended to the surrounding area, while ensuring the fare, delivery time and quality of public transportation services.
3. Increase driver safety education and training to enhance driver quality.
4. Strengthen the fight against black cars.
5. Passenger vehicles should not go around the city as much as possible when entering the station, delaying passengers’ time.
Brother Car Rental Company Legal Representative Nie Xiaoqiang (Car Rental Enterprise Representative)
Dear leaders and representatives, I am the legal representative of Brother Car Rental Company. I have the following opinions on car rental.
1. Hope to restore the previous approval system. The current leasing companies can operate after applying for a business license at the Industry and Commerce Bureau.
2. The number of car rental companies has increased sharply, and there is malicious competition in the market, which can lead to serious security risks.
3. There are too many private cars. Due to the absence of an approval system, there is no supervision. As a result, the vast majority of new car rental companies now operate with private cars, and they do not carry out secondary maintenance in accordance with regulations. This is a serious safety hazard.
4. Vehicle insurance is difficult. In all insurance companies in Luzhou, our regular rental cars cannot be fully insured, but private cars can be fully insured. Our regular rental cars can only be insured in different places. The Luzhou Insurance Regulatory Commission opposes insurance in different places, resulting in our regular rental cars being fully insured in foreign insurance companies.
5. Employees are confused, and without professional supervisors, safety personnel cannot be certified to work, and safety responsibilities cannot be implemented by professionals, thus increasing the safety hazard of vehicles.
Citizen Representative Cheng Jiahua (supplementary speech)
Should strengthen the management of the car rental industry, to prevent fraud. 1, should sign a formal contract, 2, through the positioning system to monitor the position of the vehicle at any time, 3, clean up and rectify the rental car market, to provide a good market environment for regular enterprises.
Zhao Dashu, representative of the passenger terminal (supplementary speech)
It is recommended to clarify the safety responsibilities of passenger transport enterprises and passenger stations, and reflect the main responsibility of passenger transport enterprises for safety production, that is, passenger transport enterprises must provide passenger stations with buses that meet safety requirements.
Bai Licheng, Deputy Director of the Provincial Department of Transportation
Distinguished hearing delegates, comrades,
First of all, on behalf of the Provincial Department of Transportation, I would like to thank all the hearing representatives, hearing participants, and friends from the news media for their concern and support for the revision of the Sichuan Provincial Road Transport Regulations.
Clothing, food, housing and transportation are the most basic needs in the lives of ordinary people. In the modern comprehensive transportation system, the road transportation industry has the largest number of employees, the largest transportation volume, the deepest accessibility, the widest service range, and the closest connection with the people’s production and life. Therefore, it is the most social, mass, window, and service-oriented transportation security system. It plays an important role in ensuring economic and social development, meeting the needs of urban and rural passenger and freight transportation, and facilitating convenient travel for the people. In recent years, our province’s road transportation supply capacity has been continuously improved, the road transportation structure has been gradually optimized, the market environment has been further improved, and the service quality has been steadily improved. However, at the same time of rapid development, our province’s road transportation industry is also facing some new situations and new problems, especially the reform of refined oil taxes and fees, the reform of the transportation ministry system, and the continuous improvement of the people’s demand for safe, convenient and comfortable travel, which have had a profound impact on the development of the road transportation industry. The management scope and management model of the road transportation industry have undergone significant changes. The "Sichuan Provincial Road Transport Regulations" issued in 1996 and last revised in 2006 are no longer suitable for the development requirements of the road transportation industry in our province. Therefore, under the guidance and support of the Provincial Legal Affairs Office, we have started the revision of the regulations.
In the process of drafting the amendments, we have widely solicited the opinions of government management departments, and we have also conducted legislative research at the grassroots level on many occasions. In order to ensure the quality of legislation, respect and protect the public’s right to participate, and effectively safeguard the interests of the general public, the Provincial Legal Affairs Office and our Department have studied and decided to hold a hearing here today to publicly solicit opinions from the public. Today’s hearing was attended by not only road transportation management departments, road transportation enterprises, drivers and other road transportation industry employees, but also school teachers, individual practitioners, members and other consumer representatives, as well as lawyers and other legal experts, covering a wide range of fields and with strong representation. Just now, the deputies spoke freely and expressed their opinions on several main topics of the legislative hearing, fully expressed their opinions, and put forward many useful opinions and suggestions on road transportation services and management in our province, which provided good help and reference for further amendments to the regulations. It is of great significance to improve the legislative quality of the "Sichuan Road Transportation Regulations (Revised Draft) " and ensure its rationality and operability. Here, I would like to express my gratitude to you again. In the next step, we will cooperate with the Provincial Government Legislative Affairs Office to carefully study and analyze, reasonably adopt the opinions and suggestions of the deputies, further modify and improve the regulations, and work hard to submit them to the Standing Committee of the Provincial People’s Congress for consideration as soon as possible. Revised and promulgated as soon as possible.
After the official amendment of the regulations is issued, we will earnestly study, publicize and implement the work, further strengthen the sense of responsibility, safety awareness and service awareness, earnestly fulfill the responsibilities entrusted by the regulations, improve the mechanism and system, strengthen supervision and inspection, and continuously improve the ability to administer according to law. We will make active efforts to serve the people’s safe, convenient and comfortable travel.
Thank you very much.
Zhang Yutian, Director of the Legislative Affairs Office of the Provincial Government (Host)
Dear hearing participants, since the announcement of this legislative hearing was issued on September 2, 2013, the Legislative Affairs Office of the Provincial Government and the Department of Transportation have carried out relevant preliminary preparations in strict accordance with the procedures. With the strong support of all the comrades present, this legislative hearing was successfully held. Today, the hearing representatives expressed their own views on the main topics of this hearing, and put forward pertinent opinions and suggestions on the development of the transportation industry in our province. These opinions and suggestions play a positive role in the process of amending the Sichuan Provincial Road Transport Regulations. We will carefully sort out and summarize the opinions of the representatives, and reasonably incorporate them into the new Sichuan Provincial Road Transport Regulations, so that the new regulations can better reflect public opinion, reflect the wisdom of the people, and conform to the grass-roots development situation, so as to promote the rapid and healthy development of the economy and society in our province.
This concludes today’s legislative hearing, thank you all!