Regulation of China on Road Transport（2016 Revision）

• Document Number：Order No. 666 of the State Council
• Area of Law： Traffic and Transport
• Level of Authority： Administrative Regulations
• Date issued：02-06-2016
• Effective Date：07-01-2004
• Status： Effective
• Issuing Authority： State Council

Regulation of China on Road Transport
(Promulgated by Order No. 406 of the State Council of the People's Republic of China on April 30, 2004, revised for the first time in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations on November 9, 2012, and revised for the second time in accordance with the  HYPERLINK "javascript:ESLC(231227,0)" Decision of the State Council on Amending Certain Administrative Regulations on February 6, 2016)
Chapter I General Provisions
Article 1 The present Regulation is formulated to maintain the order of road transport market, ensure the safety of road transport, protect the legitimate rights and interests of all parties involved in road transport and promote the healthy development of road transport.
Article 2 Anyone engaging in road transport business and other operations relating to road transport shall abide by the present Regulation.
The term "road transport business" as mentioned in the preceding paragraph shall include business of road passenger transport and business of road freight transport. The term "other operations relating to road transport" shall include the business operations of stations (sites), business operations of motor vehicle maintenance and repair, and training of motor vehicle drivers.
Article 3 The principle of lawful operation, honesty and good faith, and fair competition shall be observed by all those engaging in the road transport business and other operations relating to road transport.
Article 4 The road transport administration shall be consistent with the principle of fairness, impartiality, openness and facilitating the people.
Article 5 The state shall encourage the development of rural road transport and shall take necessary measures to ensure as many towns, townships and administrative villages as possible to have buses so as to satisfy the living and production needs of the farmers.
Article 6 The State encourages road transport enterprises to engage in large-scale but intensive business operations. No entity or individual may blockade or monopolize the road transport market.
Article 7 The administrative department of communications of the State Council is in charge of the road transport administration of the whole country.
The administrative department of communications of the people's government on the county level or above is responsible for organizing and leading the road transport administration within its own administrative area.
The road transport administrative department on the county level and above is responsible for carrying out the specific administration of the road transport business.
Chapter II Road Transport Business Operation
Section I Passenger Transport
Article 8 Anyone who wishes to engage in the passenger transport business shall:
a. have vehicles that can meet the demand of its business operations and that are found to be qualified upon test;
b. have drivers that meet the requirements as described in Article 9 of the present Regulation; and
c. have sound rules and bylaws regarding safe operations.
Anyone who wishes to engage in route passenger transport business operations shall provide a plan with clear routes and stops.
Article 9 A driver who is engaged in the passenger transport business operations shall:
a. have obtained a corresponding motor vehicle driving permit;
b. have not attained the age of 60 years;
c. have no record of serious traffic accidents within the recent three years; and
d. have passed the basic knowledge examination of relevant passenger transport laws and regulations, motor vehicle repair and maintenance, and first aid to passengers, as held by the road transport administrative organ on the districted municipality level.
Article 10 To apply for engaging in the passenger transport business, the applicant shall, after undergoing the relevant registration formalities with the administrative department for industry and commerce according to the law, file an application under the following provisions and submit the relevant materials as prescribed in Article 8 of this Regulation.
a. Anyone who wishes to engage in the passenger transport business operations within the administrative area of county shall file an application with the county-level road transport administrative organ;
b. Anyone who wishes to engage in the passenger transport business operations across two or more county-level administrative areas within a province, autonomous region, or municipality directly under the Central Government shall file an application with their common superior road transport administrative organ;
c. Anyone who wishes to engage in the passenger transport business operations across different provinces, autonomous regions, and municipalities directly under the Central Government shall file an application with the road transport administrative organ of the province, autonomous region, or municipality directly under the Central Government of the place where it is situated.
The road transport administrative organ that receives an application as provided for in the preceding paragraph shall complete the examination within 20 days as of the day when the application is received, and make a decision whether to approve or disapprove. Where it is approved, a road transport business operation license shall be issued to the applicant and a vehicle operation certificate shall be issued to the applicant for the vehicle that is to be used for transport. Where it is disapproved, a written notice shall be given to the applicant to explain the reason.
With regard to an application for engaging in the road transport business operations across different provinces, autonomous regions, and municipalities directly under the Central Government, the relevant road transport administrative organ of the provinces, autonomous regions, and municipalities directly under the Central Government concerned shall, prior to issuing a road transport business operation license according to Paragraph 2 of the present Article, discuss with the road transport administrative organ of the destination provinces, autonomous regions, and municipalities directly under the Central Government. If no agreement is reached after discussion, it shall be reported to the administrative department of communications of the State Council to decide.
Article 11 If it is necessary for a passenger transport operator who has obtained a road transport business operation license to increase passenger transport business operation routes, it shall go through the relevant procedures in accordance with Article 10 of the present Regulation.
Article 12 When the road transport administrative organ on the county level examines the passenger business operation applications, it shall take into consideration the status of demand and supply in the passenger transport market, universal services, facilitating the public, and other factors.
When there are 3 or more applicants applying for one route, a decision of approval may be made by way of bidding.
Article 13 The road transport administrative organs on the county level shall regularly announce the status quo of demand and supply in the passenger business operation market.
Article 14 The route passenger transport business operation period shall be 4 – 8 years. If it is necessary to extend the route passenger transport business operation period when it expires, a new application shall be filed.
Article 15 When a passenger transport business operator wishes to terminate the passenger transport business, it shall inform the original approval organ within 30 days prior to the termination.
Article 16 A road passenger business operator shall provide passengers with a good environment, shall keep the vehicles clean and tidy, and shall take necessary measures to prevent the occurrence of any illegal act that would trespass the passengers' personal or property safety.
Article 17 A passenger shall have a valid ticket to take a vehicle, observe the order, be polite and clean, shall not carry any dangerous articles or other prohibitive articles as provided for by the state.
Article 18 After a route passenger transport business operator has acquired a road transport business operation license, it shall continuously provide transport services to the general public, shall not suspend, terminate or transfer the route passenger transport business without approval.
Article 19 Anyone engaged in chartered passenger transport business, it shall operate according to the stipulated places of departure, destinations and routes.
Anyone engaged in tourist transport business shall operate within the tourist areas according to the routes for tourism.
Article 20 No passenger transport business operator may force any passenger to take its vehicle, deny or extort any passenger, change the transport vehicles without permission.
Section II Freight Transport
Article 21 Anyone who wishes to engage in freight transport business shall:
a. have vehicles that can meet the demand of its business operations and that are found to be qualified upon test;
b. have drivers that meet the requirements as described in Article 22 of the present Regulation; and
c. have sound rules and bylaws regarding safe operations.
Article 22 A driver who is engaged in freight transport business operations shall:
a. have obtained a corresponding motor vehicle driving permit;
b. have not attained the age of 60 years;
c. have passed the basic knowledge examination of relevant freight transport laws and regulations, motor vehicle repair and maintenance, and loading and preservation of goods, as held by the road transport administrative organ on the districted municipality level.
Article 23 Apart from the above mentioned conditions, anyone who applies for engaging in freight transport business operations involving dangerous cargoes shall:
a. have 5 or more vehicles and equipment exclusively destined to dangerous cargo transport that can meet the demand of its business operations and that are found to be qualified upon test;
b. have drivers, managerial personnel for loading and unloading goods and transport escorts who have passed the examination held by the local road transport administrative organ on the districted municipality level and have obtained corresponding post license;
c. equip the vehicles exclusively destined to dangerous cargo transport with necessary telecommunication tools; and
d. have sound rules and bylaws regarding safe operations.
Article 24 To apply for engaging in the freight transport business, an applicant shall, after undergoing the relevant registration formalities with the administrative department for industry and commerce according to the law, file an application under the following provisions and respectively submit the relevant materials as prescribed in Article 21 and Article 23 of this Regulation.
a. Anyone who wishes to engage in the freight transport business operations other than those involving dangerous cargoes shall file an application with the county-level road transport administrative organ;
b. Anyone who wishes to engage in freight transport business involving dangerous cargoes shall file an application with the road transport administrative organ on the districted municipality level.
The road transport administrative organ that receives an application as provided for in the preceding paragraph shall complete the examination within 20 days as of the day when the application is received, and make a decision whether to approve or disapprove. Where it is approved, a road transport business operation license shall be issued to the applicant and a vehicle operation certificate shall be issued to the applicant for the vehicle that is to be used for transport. Where it is disapproved, a written notice shall be given to the applicant to explain the reason.
Article 25 No freight transport business operator may transport any goods banned by any law or administrative regulation.
With regard to the goods banned from being transported unless the pertinent formalities as provided for in law or administrative regulation have been undergone, the freight transport operator shall check and verify the said formalities.
Article 26 The state encourages freight transport operators to adopt the way of closed transport so as to ensure the clean environment and safe freight transport.
A freight transport operator shall take necessary measures to prevent the goods from falling down, being scattered from the vehicle.
In the transport of dangerous goods, necessary measures shall be taken to prevent inflammation, explosion, radiation and leak.
Article 27 In the transport of any dangerous goods, necessary transport escorts shall be arranged so as to ensure that the dangerous goods are under the supervision of the transport escorts, and an obvious sign for transport of dangerous goods shall be hung.
Anyone who consigns any dangerous goods shall tell the freight transport business operator the name, nature and emergency solutions of the dangerous goods, shall have the dangerous goods packed in strict compliance with the relevant requirements of the state, and shall set up an obvious sign.
Section III. Common Provisions on Passenger Transport and Freight Transport
Article 28 All passenger transport business operators and freight transport business operations shall intensify safety education and professional ethics education to the practitioners so as to ensure the safety of road transport.
All road transport practitioners shall abide by the road transport operating procedures. No one may operate by violating the operating procedures. No driver may drive for more than 4 consecutive hours.
Article 29 An enterprise engaged in manufacturing (refitting) passenger transport vehicles or freight transport vehicles shall, according to the provisions of the state, mark the ratified number of passengers or load capacity of the vehicles. It is strictly prohibited from overmarking or under marking the ratified number of passengers or load capacity.
A passenger transport business operator or freight transport business operator shall use vehicles that can meet the requirements as provided for by the state to carry out road transport business operations.
Article 30 A passenger transport business operator or freight transport business operator shall strengthen the maintenance and test of vehicles so as to ensure them meet the vehicle technical standards of the state. It shall not use any discarded vehicles, vehicles refitted without approval and other vehicles not meeting the requirements of the state to carry out road transport business operations.
Article 31 A passenger transport business operator or freight transport business operator shall formulate road transport emergency preparedness and response plan for traffic accidents, natural disasters and other emergencies. An emergency preparedness and response plan shall include reporting procedures, emergency command, reserve of emergency vehicles and equipment and handling measures, etc.
Article 32 Where any traffic accident, natural disaster or emergency occurs, the passenger transport business operators and freight transport business operators shall obey the unified dispatch and command of the people' government or relevant departments on the county level or above.
Article 33 A road transport vehicle shall be accompanied by a vehicle operation certificate, which shall not be transferred or leased.
Article 34 A road transport vehicle used for transporting passengers shall not carry more passengers the ratified number, shall not load goods by violating the relevant provisions. A road transport vehicle used for freight transport shall not be used for transporting passengers. The goods carried by it shall be consistent with the ratified load capacity. It shall be strictly prohibited from overloading. The load length and width shall not exceed its carriage and shall conform to the loading requirements.
Anyone who violates the provisions in the preceding paragraph shall be punished by the traffic administrative department of the public security organ in pursuance of the Road Traffic Safety Law of the People's Republic of China .
Article 35 A passenger transport business operator or a freight transport business operator of dangerous goods shall buy the transporter liability insurance for the passengers or dangerous goods.
Chapter III. Businesses Relating to Road Transport
Article 36 Anyone applies for engaging in business operations of a road transport station (site) shall:
a. have qualified transport station (site) upon test;
b. have corresponding professional personnel and managerial personnel;
c. have corresponding equipment and facilities; and
d. have sound business operating procedures and sound rules and bylaws regarding safe operations.
Article 37 Anyone who applies for engaging in motor vehicle maintenance and repair business operations shall:
a. have corresponding place for motor vehicle maintenance and repair;
b. have essential equipment, facilities and technicians;
e. have sound rules and bylaws regarding motor vehicle maintenance and repair; and
c. have necessary measures for environmental protection.
Article 38 Anyone who applies for engaging in the training of motor vehicle drivers shall:
a. have the legal person status as an enterprise;
b. have sound training institution and management rules and bylaws;
c. have teaching and managerial personnel that can meet the demand of training; and
d. have essential vehicles for teaching and other teaching facilities, equipment and site.
Article 39 Anyone who applies for engaging in road transport station (site) business operations, motor vehicle maintenance and repair business operations or training of motor vehicle drivers shall, after undergoing the relevant registration formalities with the administrative department for industry and commerce according to the law, file an application with the local road transport administrative agency at the county level, and submit the corresponding materials as specified in Article 36, 37 or 38 of the present Regulation. The road transport administrative organ on the county level shall, within 15 days as of the receipt of the application materials, finish the examination, make a decision of approval or disapproval, and give a notice to the applicant.
Article 40 A road transport station (site) business operator shall conduct inspections on the safety of the vehicle exiting the station. It shall forbid any unlicensed vehicle to enter the station (site) to conduct business activities, and shall prevent any overloaded vehicle or vehicle subject to no safety inspection to exit the station.
A road transport station (site) business operator shall treat impartially the passenger transport business operators and freight transport business operators who use its station (site). It shall not refuse any road transport vehicle to enter into the station (site) to carry out business activities without justifiable reasons.
A road transport station (site) business operator shall provide passengers and consignors with safe, convenient and quality services. It shall keep the station (site) clean and tidy. It shall not randomly change the uses and service functions of the station (site).
Article 41 A road passenger transport business operator shall properly arrange the number of runs for each passenger transport business operator, shall publicize its transport routes, start places, destinations and stops, number of runs, departure time and ticket fares, shall dispatch vehicles to enter and exit the station, shall guide the passengers, and shall maintain the order when people get on and get off a vehicle.
A road passenger transport station (sit) business operator shall set up service facilities for passengers to purchase tickets, wait for the vehicles, deposit luggage and consign goods, etc. It shall sell tickets according to the ratified number of passengers of each vehicle, and take measures to prevent any person who carries dangerous articles from entering the station for getting on a vehicle.
Article 42 A road freight transport station (site) business operator shall load and unload, store up and preserve the goods under the business operating procedures as provided for by the administrative department of communications of the State Council.
Article 43 A motor vehicle maintenance and repair business operator shall maintain and repair motor vehicles according to the relevant technical requirements of the state, shall ensure the maintenance and repair quality, shall not use any counterfeited and shoddy parts to maintain and repair motor vehicles.
A motor vehicle maintenance and repair business operator shall publicize the motor vehicle maintenance and repair hours and fees, shall charge fees reasonably.
Article 44 Where a motor vehicle maintenance and repair business operator conducts a grade II maintenance, unit repair or major repair, it shall inspect the quality of repair. If the repair quality is determined as qualified upon inspection, the repair quality inspector shall issue a motor vehicle repair conformity certificate.
The quality warranty period shall apply to motor vehicle maintenance and repair. During the warranty period, if a motor vehicle cannot work normally due to the repair quality, the motor vehicle maintenance and repair business operator shall have the motor vehicle repaired again without charge.
The specific measures for the motor vehicle maintenance and repair quality warranty period shall be formulated by the administrative department of communications of the State Council.
Article 45 No motor vehicle maintenance and repair business operator may repair any discarded motor vehicle or refit any motor vehicle without approval.
Article 46 A motor vehicle driver training institution shall carry out training according to the teaching program of the administrative department of communications of the State Council, and shall ensure the training quality. After the completion of training, it shall issue a training certificate to the trainees.
Chapter IV. International Road Transport
Article 47 The administrative department of communications of the State Council shall timely announce to the general public the international transport routes as determined in bilateral or multilateral road transport agreements concluded between the Chinese Government and the government of other countries.
Article 48 Anyone who applies for engaging in international road transport business operations shall:
a. be an enterprise legal person that has obtained the road transport business operation certificate as provided for in Articles 10 and Article 24 of the present Regulation; and
b. have engaged in domestic road transport business operations for 3 full years or more, and haven't caused any big or more serious road traffic liability accident.
Article 49 Anyone who applies for engaging in international road transport shall file an application with the road transport administrative organ of the province, autonomous region, or municipality directly under the Central Government and shall submit the relevant materials as described in Article 48 of the present Regulation to it. The road transport administrative organ of the province, autonomous region, or municipality directly under the Central Government shall finish the examination within 20 days as of the receipt of the application and shall make a decision of approval or disapproval. If it approves, it shall report the administrative department of communications of the State Council for archival purposes. If it disapproves, it shall explain the reasons to the applicant.
An international road transport business operator shall go through the relevant formalities in the pertinent departments upon the approval documents.
Article 50 An international road transport business operator shall have each of its transport vehicles bear a Chinese identification mark in an eye-catching place.
Where a vehicle of a foreign international road transport business operator is operating within China, it shall bear the identification mark of its own country, and shall drive by following the prescribed transport route. It shall not change the transport route, nor may it engage in any road transport business whose place of departure and destination are not within China.
Article 51 The administrative organs for international road transport established at the ports shall strengthen the supervision and administration of the entry/exit international road transport.
Article 52 A permanent representative office legally established by a foreign international road transport business within the territory of China shall not engage in any for-profit operation.
Chapter V. Law Enforcement and Supervision
Article 53 The administrative departments of communications of the people's governments on the county level and above shall intensify the guide and supervision over the administrative organs of road transport in terms of road transport administration.
Article 54 An administrative organ of road transport shall strengthen the construction of law enforcement team, and shall improve the personnel's understanding of law and law enforcement level.
The personnel of the administrative organ of road transport shall accept training and examination of knowledge of law and administration of road transport. Anyone who fails the examination shall not take up his job.
Article 55 The superior administrative organs of road transport shall supervise the law enforcement activities of the inferior administrative organs of road transport.
An administrative organ of road transport shall establish sound internal supervision rules and bylaws, and shall supervise and inspect the law enforcement activities of its employees.
Article 56 The administrative organs of road transport and their employees shall consciously accept the supervision of the society and citizens when they perform their duties.
Article 57 An administrative organ of road transport shall establish rules on reporting road transport offences to the authorities, and shall publicize the telephone number, correspondence address or email address for public reports.
All entities and individuals are entitled to report the offence committed by any employee of an administrative organ of road transport such as abusing his power and seeking private interests etc. to the competent authorities. The administrative department of communications, the administrative order of road transport or any other relevant department shall duly investigate and punish the offender in accordance with the law after it receives such report.
Article 58 The personnel of an administrative organ of road transport shall conduct supervision and inspection in strict compliance with their duties and procedures. They shall not randomly set up checkpoints, charge fees or impose monetary penalties.
The personnel of the administrative organ of road transport shall mainly supervise and inspect the operating sites of road transport and related businesses, the distributing centers of passengers and cargoes and so on.
When the personnel of the administrative organ of road transport conducts supervision and inspection at a road crossing, it shall not randomly intercept any road transport vehicles that are driving normally.
Article 59 When conducing supervision and inspection, 2 or more personnel of the administrative organ of road transport shall be present, and they shall show the parties concerned their law enforcement certificates.
Article 60 When the personnel of the administrative organ of road transport conducts supervision and inspection, it may learn information through the relevant entities and individuals, look through and copy pertinent materials. However, they shall keep confidential the commercial secrets of the investigated entities and individuals.
The entities and individuals under supervision and inspection shall accept the lawful supervision and inspection, and shall faithfully provide relevant materials or information.
Article 61 Where the personnel of the administrative organ of road transport discovers any overloaded vehicle when conducting road transport supervision and inspection, it shall stop it immediately, and shall take corresponding measures to arrange the passengers to take another vehicle or to unload the goods.
Article 62 In the road transport supervision and inspection, if the personnel of the administrative organ of road transport detains any vehicle without a road transport business operation certificate and for which no other valid certification may be presented on the spot, they shall properly keep the vehicle, and shall not use it, nor may they charge, explicitly or in any disguised form, any storage fee.
Chapter VI. Legal Liabilities
Article 63 Anyone who, violating the provisions of the present Regulation, engages in road transport business operations without obtaining a road transport business operation license, shall be ordered to stop his or its business operations by the administrative organ of road transport on county level or above. The illegal gains, if any, shall be confiscated and he shall be fined not less than 2 times but not more than 10 times of the amount of the illegal gains. If the amount of illegal gains is less than 20, 000 yuan, he shall be fined 30, 000 up to 100, 000 yuan. If any crime is constituted, he shall be subject to criminal liabilities.
Article 64 Anyone who doesn't meet the requirements as described in Articles 9 and 22 but drives a vehicle for road transport business operations shall be ordered to get right by the administrative organ of road transport on the county level or above, and shall be fined 200 yuan up to 2, 000 yuan. If any crime is constituted, he shall be subject to criminal liabilities.
Article 65 Anyone who, without approval, engages in road transport station (site) business operations, motor vehicle maintenance and repair business operations or training of motor vehicle drivers shall be ordered to stop his or its business by the administrative organ of road transport on the county level or above. The illegal gains, if any, shall be confiscated and he shall be fined not less than 2 times but not more than 10 times of the amount of the illegal gains. If he has no illegal gains or the amount of illegal gains is less than 10, 000 yuan, he shall be fined 20,000 yuan up to 50, 000 yuan. If any crime is constituted, he shall be subject to the criminal liabilities.
Article 66 Any passenger transport business operator, freight transport business operator or operator of related business, who illegally transfers or leases its road transport licenses to any other person by violating the provisions of the present Regulation, shall be ordered to stop the offence by the administrative organ of road transport on the county level or above. The relevant licenses shall be captured, and it shall be fined 2, 000 yuan up to 10, 000 yuan. The illegal gains, if any, shall be confiscated.
Article 67 Any passenger transport business operator, freight transport business operator or dangerous goods transport business operator who, violating the provisions of the present Regulation, fails to buy transporter liability insurance shall be ordered to buy such insurance within a time limit by the administrative organ of road transport on the county level or above. If it refuses to do so, its road transport business operation license shall be cancelled by the original approval organ.
Article 68 Any passenger transport business operator or freight transport business operator who, violating the provisions of the present Regulation, fails to carry the vehicle operation certificate shall be ordered to get right by the administrative organ of road transport on the county level or above, and shall be given a warning or be fined 20 up to 200 yuan.
Article 69 Any passenger transport business operator or freight transport business operator who, violating the provisions of the present Regulation, is under any of the following circumstances, shall be ordered to get right by the administrative organ of road transport on the county level or above, and shall be fined 1, 000 yuan up to 3, 000 yuan. If the circumstance is serious, the original approval organ shall cancel its road transport business license:
a. Failing to park the vehicles at the approved passenger transport stops or failing to drive the vehicles by following the specified routes or publicized number of runs;
b. Soliciting passengers or cargoes by force;
c. Changing the transport vehicle or handing over the passengers to others in the journey without the passengers' permission;
d. Terminating the passenger transport business operations without reporting to the original approval organ; or
e. Failing to take necessary measures to prevent the goods falling down or being scattered from the vehicle.
Article 70 A passenger transport business operator or freight transport business operator who, violating the provisions of the present Regulation, fails to maintain and test the transport vehicles shall be ordered to get right by the administrative organ of road transport on the county level or above and shall be fined 1, 000 yuan up to 5, 000 yuan.
A passenger transport business operator or freight transport business operator who, violating the provisions of the present Regulation, refits any vehicle for which a vehicle operation certificate has been obtained shall be ordered to get right by the administrative organ of road transport and shall be fined 5, 000 yuan up to 20, 000 yuan.
Article 71 Any road transport station (site) business operator who, violating the provisions of the present Regulation, allows unlicensed vehicles to enter into the station to conduct business activities, or permits overloaded vehicles or vehicles that has failed to undergo safety inspection to exit the station, or refuses road transport vehicles to enter into the station to carry out business activities without justifiable reasons, shall be ordered to get right by the administrative organ of road transport on the county level or above and shall be fined 10, 000 yuan up to 30, 000 yuan.
Any road transport station (site) business operator who, violating the provisions of the present Regulation, changes the uses and service functions of the road transport station (site) without approval, or fails to publicize the transport routes, places of departure and destinations, stops, number of runs, start time and fares shall be ordered to get right by the administrative organ of road transport on the county level or above. If it refuses to do so, it shall be fined 3,000 yuan. Its illegal gains, if any, shall be confiscated.
Article 72 A motor vehicle maintenance and repair business operator who, violating the provisions of the present Regulation, repairs any discarded motor vehicle or refits any motor vehicle without approval shall be ordered to get right by the administrative organ of road transport on the county level or above. Its illegal gains, if any, shall be confiscated and it shall be fined not less than 2 times but less than 10 times of the amount of illegal gains. If it has no illegal gains or the amount of its illegal gains is less than 10, 000 yuan, it shall be fined 20, 000 yuan up to 50, 000 yuan. The counterfeited and shoddy parts and the discarded vehicles shall be confiscated. If the circumstance is serious, its business operation license shall be canceled by the original approval organ. If any crime is constituted, it shall be subject to criminal liabilities.
Article 73 A motor vehicle maintenance and repair business operator who, violating the provisions of the present Regulation, issues any false motor vehicle maintenance and repair conformity certificate shall be ordered to get right by the administrative organ of road transport on the county level or above. Its illegal gains, if any, shall be confiscated and it shall be fined not less than 2 times but not more than 10 times of the amount of illegal gains. If it has no illegal gains or the amount of its illegal gains is less than 3, 000 yuan, it shall be fined 5, 000 yuan up to 20, 000 yuan. If the circumstance is serious, its business operation license shall be canceled by the original approval organ. If any crime is constituted, it shall be subject to criminal liabilities.
Article 74 A motor vehicle driver training institution who, violating the provisions of the present Regulation, fails to carry out training in strict compliance with the relevant provisions, or resorts to deception when issuing training certificates shall be ordered to get right by the administrative organ of road transport on the county level or above. If it refuses to do so, its business operation license shall be canceled by the original approval organ.
Article 75 A foreign international road transport business operator who, violating the provisions of the present Regulation, engages in road transport business operations within China or fails to bear the identification mark of its own country shall be ordered to stop transport by the administrative organ of the province, autonomous region, or municipality directly under the Central Government. Its illegal gains, if any, shall be confiscated and shall fined not less than 2 times but not more than 10 times of the amount of illegal gains. If it has no illegal gains or the amount of illegal gains is less than 10, 000 yuan, it shall be fined 30, 000 yuan up to 60, 000 yuan.
Article 76 Any personnel of the administrative organ in road transport violates the provisions of the present Regulation and is under any of the following circumstances shall be given an administrative sanction; if any crime is constituted, he shall be subject to criminal liabilities:
a. Failing to grant administrative license according to the conditions, procedures and time limits as described in the present Regulation;
b. Participating or in a disguised form in road transport business operations and other related business;
c. Finding any illegal act but failing to investigate and punish the offender in time;
d. Violating the relevant provision, it intercepts and inspects any road transport vehicle that is driving normally;
e. Illegally detaining any transport vehicle or vehicle operation license;
f. Seeking or accepting properties of others, or seeking other interests; or
g. Committing other illegal acts.
Chapter VII. Supplementary Provisions
Article 77 The road transport between the Mainland of China and Hong Kong Special Administrative Region or Macao Special Administrative Region shall be carried out with reference to the present Regulation.
Article 78 Foreign businessman may, in pursuance of the relevant laws, administrative regulations and relevant provisions of the state, invest in road transport business and other related business within China in the form of Sino-Foreign joint equity, Sino-foreign cooperative enterprise or wholly foreign-funded enterprise.
Article 79 Anyone, who engages in non-business operating transport involving dangerous goods, shall abide by the relevant provisions of the present Regulation.
Article 80 An administrative organs of road transport shall issue business operation licenses and vehicle operation certificates, and may charge production fees. The specific standards on production fees shall be subject to examination and approval of public finance department, price administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government, jointly with the administrative department of communications of the same level.
Article 81 The administrative measures for the passenger transport of taxies and city buses shall be separately formulated by the State Council.
Article 82 The present Regulation shall be implemented as of July 1, 2004.