Article 1 In order to strengthen the management of car rental industry, protect the legitimate rights and interests of car rental industry operators (hereinafter referred to as rental operators) and lessees (hereinafter referred to as lessees), and promote the healthy development of car rental industry, these Provisions are formulated in accordance with relevant national laws and regulations.
Article 2 Car rental refers to the mode of operation in which the leasing operator delivers the leased car to the lessee for use within the agreed time, collects the rental fee and does not provide driving service.
Article 3 These Provisions shall apply to the leasing business activities of all kinds of passenger cars, trucks, special vehicles and other motor vehicles except buses and taxis.
Article 4 The development of car rental industry shall follow the principles of overall planning, diversified business and unified management.
Fifth transportation departments at all levels are responsible for the management of the car rental industry in this area. The road transport management institution affiliated to the transportation department shall specifically perform the management duties of the car rental industry. The State Council price department in conjunction with the department in charge of transportation system.
Article 6 To operate the car rental industry, the following technical and economic conditions must be met:
(a) equipped with not less than 20 cars, and the value of cars and vehicles is not less than 2 million yuan. The leased car shall be a new car or an in-use car that has reached the first-class technical level, and shall have a complete and valid vehicle driving certificate.
(two) there must be no less than 5% of the value of cars and vehicles.
(3) It has a fixed business and office space, and the parking area is not less than 1.5 times of the projected area of the normally held taxi.
(4) Having necessary business organizations and corresponding management personnel, and having professional and technical personnel with junior titles or above in positions such as business management, vehicle technology and financial accounting.
(5) Having the qualification of a legal person.
Article 7 An application for operating the car rental industry shall be handled in accordance with the following procedures.
(a) to street, Township People's government or department certificate and articles of association of the enterprise, business feasibility analysis report, credit certificate and other related materials to the local county-level road transport management institutions to apply for business, by the county-level road transport management institutions after the audit, reported to the municipal road transport management institutions for approval.
(two) after the examination and approval of the municipal road transport management institution, the road transport business license shall be issued.
(three) with the "road transport business license" to the industrial and commercial administration, taxation and other departments to handle the relevant procedures.
(four) to purchase vehicles according to the approved quantity, apply for renting cars to households, apply for third-party liability insurance for vehicles in accordance with relevant regulations, and obtain a business road transport certificate from the road transport management institution.
Eighth road transport management institutions shall, after receiving the application for lease operation, examine and approve it according to its technical and economic conditions and social needs, and make a reply within 45 days.
Article 9 Where a leasing operator terminates its business, it shall report to the original road transport management institution for examination and approval before S, and go through the relevant formalities, hand in the road transport business license and road transport certificate, and go through the relevant cancellation procedures with the industrial and commercial administration, taxation and other departments. Chapter III Management of Lease Activities
Tenth lease operators must abide by the laws and regulations on road transport and prices, and accept the management, guidance, supervision and inspection of road transport management agencies and price departments.
Eleventh leasing operators must strengthen the technical management of vehicles in accordance with the relevant technical standards promulgated by the Ministry of Communications, and keep the leased vehicles in good technical condition.
Twelfth lease operators must charge rental fees according to the provisions of the provincial price department.
Thirteenth car rental business should sign a lease contract, and must use the text of the car rental contract formulated by the provincial road transport management institution according to the relevant laws and regulations of the state. The contents of the contract shall include: the name of the leasing operator, the name of the lessee, the model of the leased car, the vehicle color and number plate, the driving license number, the road transport license number, the lease term, the charging method, the payment method, the rights and obligations of both parties and the liability for breach of contract.
Fourteenth taxi operators to increase or decrease the number of taxis, must apply to the road transport management agencies to increase or cancel the relevant documents.
Article 15 A leasing operator shall establish and improve the safety responsibility system, public security preventive measures and various management systems, strengthen content management, conduct law-abiding and professional ethics education and professional training for employees, and continuously improve the quality of employees.
Article 16 The owner of a taxi must have the same name as the car rental operator. Vehicles that are not owned by the leasing operator and have not gone through the legal operation procedures of the car rental industry shall not be used for leasing.
Article 17 The road transport management institution shall supervise and manage the business qualifications and business behaviors of the leasing operators, and conduct annual verification on the business qualifications, technical and economic conditions and business behaviors of the leasing operators.
Article 18 When renting a car, the lessee must present valid certificates that can prove the identity of the unit or individual and a certain amount of deposit, and when necessary, a reliable unit will provide financial guarantee.
Article 19 When renting a car, the lessee shall inspect the car, confirm that the car is in good technical condition, and check whether the driving license, road transport certificate and other documents are complete and valid, and shall carry the above-mentioned relevant documents with the car when driving.
Twentieth leasing operators and lessees who use leased cars to engage in commercial transportation shall comply with the relevant provisions of road transport management.
Directional road transport management agencies to apply, after examination and approval, can engage in business passenger and freight transport.
Twenty-first lease operators and lessees in the performance of the lease contract disputes, should be resolved through consultation in a timely manner. If negotiation fails, you can apply to the transportation department for mediation, or to the contract management organ or arbitration organ for mediation, or you can bring a lawsuit directly to the people's court. Chapter IV Legal Liability
Twenty-second lease operators and lessees have one of the following acts, and the transportation departments at or above the county level or the road transport management institutions entrusted by them shall give corresponding punishments according to the circumstances:
(1) If the leasing operator fails to obtain the road transport business license in accordance with Article 7 of these Provisions, it shall be fined between 5000 yuan and 65438 yuan +00000 yuan.
(two) the lease operator did not receive the "road transport permit" in accordance with the provisions of article seventh, and imposed a fine of more than 2,000 yuan per vehicle 500 yuan, with a maximum of 3 million yuan.
(three) if the lessee does not carry the road transport permit when driving, he shall be fined from 300 yuan to 500 yuan per vehicle.
(four) the lease operator in violation of the provisions of article twelfth of the lease fee, impose a fine of 30-50% of the fees charged, but the maximum shall not exceed 30 thousand yuan.
(5) Lease operators and lessees who, in violation of Article 20 of these Provisions, engage in commercial transportation without authorization shall be fined between 5000 yuan and 65438 yuan +00000 yuan.
Twenty-third if a party refuses to accept the punishment, he may, within five days from the date of receiving the notice of punishment, apply for reconsideration to the administrative organ at the next higher level of the organ that made the decision on punishment, or bring a lawsuit to the local people's court. If it fails to perform within the time limit, the organ that has made the decision on punishment may apply to the people's court for compulsory execution.
Article 24 Road transport management institutions at all levels and their staff shall strictly abide by and implement the relevant laws and regulations of the car rental industry, conscientiously perform their duties, and offenders shall be given administrative sanctions. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Article 25 The Ministry of Communications of People's Republic of China (PRC) and the State Planning Commission shall be responsible for the interpretation of these Provisions.
Twenty-sixth provinces, autonomous regions and municipalities directly under the central government, the competent department of transportation and the competent department of price may formulate detailed rules for implementation according to these regulations.
Article 27 These Provisions shall come into force as of April 1998+0.