Provisions of Beijing Municipality on the Administration of Road Freight Transportation
Order of Beijing Municipal People’s Government
No.31
The Regulations of Beijing Municipality on the Administration of Road Freight Transportation are hereby promulgated and shall come into force as of March 1, 1995.
December 30, 1994
Provisions of Beijing Municipality on the Administration of Road Freight Transportation
Article 1 In order to promote the development of the road freight transport market and protect the legitimate rights and interests of operators and consumers, these Provisions are formulated in accordance with the relevant provisions of the state and combined with the situation of this Municipality.
Article 2 All units and individuals engaged in road freight transport, cargo handling and cargo transport services (hereinafter referred to as freight transport) within the administrative area of this Municipality must abide by these Provisions.
Article 3 The Municipal Transportation Bureau is the competent authority of the freight industry in this Municipality. City, suburban transportation management institutions and suburban and county transportation bureaus (hereinafter referred to as transportation management departments) under the Municipal Transportation Bureau shall be responsible for the daily management of the freight industry within their respective jurisdictions in accordance with the prescribed responsibilities and authorities.
Industry and commerce administration, price, taxation, finance, public security, public security and transportation departments shall supervise and manage the freight industry in this Municipality according to their respective functions and powers.
Article 4 To engage in freight business, the following technical conditions shall be met:
(1) Conforming to the planning and layout of the freight market.
(2) Having trained and qualified professional management and technical personnel.
(three) operating vehicles, loading and unloading equipment, service facilities, etc. meet the safety technical conditions stipulated by the state and this Municipality.
(four) engaged in the transportation of special goods, but also must meet other conditions and technical standards stipulated by the state and this Municipality.
Article 5 To engage in freight business, it is necessary to obtain the technical qualification certificate for opening business with the approval of the transportation management department, apply to the administrative department for industry and commerce for a business license, and go through the tax registration with the tax department.
Freight operators operating vehicles must be registered in the transportation management department, and the freight operators can operate only after receiving the vehicle transportation documents.
Freight vehicles from other provinces and cities engaged in commercial transportation in this city for more than 3 months must be registered with the transportation management department of this city in advance.
The transportation management department shall make a decision within 15 days after receiving the application for receiving the technical qualification certificate, vehicle transportation certificate or vehicle registration in other provinces and cities.
Article 6 When a freight operator closes down or goes out of business, it shall go through the corresponding formalities with the transportation management department within 10 days after the closure or closure.
Seventh the establishment of road freight hub stations, business stations, transport stations, transfer stations, etc., the establishment address, grade standards and service functions must conform to the freight industry planning, and approved by the transportation management department.
Eighth freight operators must abide by the following provisions, and accept the supervision and inspection of the transportation management department:
(1) Transport the goods safely, timely and conveniently according to the transport contract.
(2) Accepting transportation business according to the commercial means of transportation, loading and unloading equipment, service facilities and technical conditions.
(3) The transportation of special goods must conform to the transportation conditions of special goods and relevant transportation regulations.
(four) the transportation of less-than-truckload goods must be carried out according to the published schedule, and the line plate must be installed on the car. Its line and site are approved by the Municipal Transportation Bureau.
(five) the carriage, handling, loading and unloading of goods and transportation service operations must abide by the provisions of the Rules for the Transport of Goods by Automobile and the operating rules, and strictly implement the service quality standards and relevant technical management norms.
(VI) The transportation of materials for emergency rescue, disaster relief, combat readiness and key projects determined by the people’s governments at or above the district and county levels, as well as the transportation of important materials related to the national economy and people’s livelihood, shall be organized and dispatched by the transportation management department in a unified way, and the cargo transportation operators must ensure the completion.
(seven) with the vehicle transport documents and other relevant documents and bills.
(eight) shall not forge, alter, resell, lend a variety of road cargo transport documents or bills printed uniformly.
(nine) to comply with the national and municipal regulations on the embargo, transportation restriction, quarantine and control of inbound and outbound goods.
(ten) the implementation of the unified provisions of this Municipality on freight rates, handling rates, mileage calculation standards and transportation service charges, and the use of special bills to settle the transportation fees.
(eleven) strictly implement the "Regulations" of vehicle technology management in automobile transportation industry, and keep the technical condition of transport vehicles in good condition.
(12) Submit statistical statements to the transportation management department on schedule, and accept the annual inspection by the transportation management department on the technical status and service quality of transportation vehicles, equipment and facilities.
Ninth freight operators shall pay the transportation management fee to the transportation management department. Transportation management fee is levied at 1% of operating income; If the turnover is difficult to calculate, the annual operating income can be approved and levied on a monthly basis.
Transportation management fees shall be subject to financial supervision and management according to the provisions of the state, and the fee income shall be used for special purposes, and shall be subject to supervision and inspection by the financial and auditing departments.
Article 10 If the goods are lost or damaged during the responsibility period of the freight operator, the freight operator shall be liable for compensation according to law, unless otherwise stipulated by laws and administrative regulations.
Article 11 Operators engaged in freight services shall bear civil liability to the consignor as a carrier, and pay compensation to the consignor in advance when there is a quality accident in cargo transportation. After fulfilling the liability for compensation to the shipper, the freight service operator has the right to recover from the freight operator who actually carried the goods.
Twelfth of the transport quality accidents occurred in the process of freight, the parties may apply to the local transportation management department for mediation. After receiving the application, the transportation management department shall promptly find out the reasons, distinguish the responsibilities, and mediate according to the provisions of relevant laws and regulations.
Thirteenth transportation management departments shall commend and reward the freight operators who have made remarkable achievements in improving management, improving service quality and maintaining the order of freight market.
Article 14 Anyone who engages in freight business without a freight certificate shall be ordered by the transportation management department to stop business or to go through formalities within a time limit, his illegal income shall be confiscated and a fine of 1 to 3 times his illegal income shall be imposed. If the circumstances are serious, the illegally operated transport vehicles, loading and unloading equipment and service facilities shall be confiscated. Penalties for confiscation of transport vehicles, loading and unloading equipment or service facilities shall be approved by the Municipal Transportation Bureau.
Fifteenth freight operators in violation of these provisions, by the transportation management department according to the seriousness of the case, given a warning, a fine, a deadline to correct, confiscate the illegal income, suspend vehicle transportation, suspend business for rectification, revoke the operating documents and other penalties. The punishment for revoking the operation certificate shall be approved by the Municipal Transportation Bureau, and the fine shall be implemented in accordance with the following provisions:
(a) LTL freight transport schedule is not announced, fixed-point and fixed-line transport, or not marked with line cards, a fine of less than 500 yuan.
(two) transport vehicles, loading and unloading equipment, service facilities do not meet the technical conditions stipulated by the state and this Municipality, and shall be fined from 500 yuan to 1000 yuan.
(three) the transportation of special goods does not meet the relevant provisions of the state and this Municipality, and a fine of more than 2,000 yuan from 1000 yuan shall be imposed.
(four) in violation of the relevant provisions of the embargo, transport restrictions, transport documents, a fine of more than 2000 yuan to 3000 yuan.
(five) the responsibility system is not perfect, and a service quality accident occurs, and a fine of not less than 3000 yuan but not more than 5000 yuan is imposed.
(6) Those who refuse to pay or evade transportation management fees shall be fined in 1000 yuan.
(seven) do not accept the annual inspection, fined 3000 yuan to 5000 yuan.
(eight) do not use special bills to settle transportation fees, a fine of 3000 yuan and 5000 yuan. Those who do not use special bills to write off transportation fees shall be fined not less than 3,000 yuan in 1000 yuan.
(9) Forging, altering, reselling or lending various road cargo transport certificates or bills shall be fined between 4,000 yuan and 10,000 yuan.
(10) Failing to complete the material transportation tasks of emergency rescue, disaster relief, combat readiness, key projects, etc. as required, or failing to obey the unified organization and dispatch of the transportation management department, a fine ranging from 10,000 yuan to 30,000 yuan shall be imposed.
Sixteenth freight operators who violate the relevant laws, regulations and rules of industry and commerce administration, taxation, price, finance, public security and public traffic shall be punished by the departments of industry and commerce administration, taxation, price, finance, public security and public traffic respectively.
Seventeenth if a party refuses to accept the punishment of the transportation management department, it may apply to the transportation management department at the next higher level for reconsideration or bring a lawsuit to the people’s court according to law.
Article 18 If the management and inspection personnel of the transportation management department neglect their duties, abuse their powers and engage in malpractices for personal gain, the transportation management department shall, depending on the seriousness of the case, give them administrative sanctions or cancel their management and inspection qualifications; If a crime is constituted, criminal responsibility shall be investigated according to law.
Nineteenth specific issues in the implementation of these Provisions shall be interpreted by the Municipal Transportation Bureau.
Twentieth the provisions shall come into force as of March 1, 1995.
On November 18, 1985, the Interim Measures for the Administration of Road Freight Transportation in Beijing promulgated by the Municipal People’s Government shall be abolished at the same time.