Regulations of the People's Republic of China on Road Transport (Revised in 2016)

Order of the State Council of the People's Republic of China No. 666

February 6, 2016

(Promulgated by Order of the State Council of the People's Republic of China No. 406 on April 30, 2004; revised for the first time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on November 9, 2012; and revised for the second time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016)

Chapter I General Provisions

Article 1 With a view to maintaining the market order of road transportation, ensuring the safety in road transportation, protecting the legitimate rights and interests of all parties involved in road transportation and promoting the healthy development of road transportation, these Regulations are formulated hereby.

Article 2 Any individuals or institutions that engage in the operation of road transportation as well as the businesses related to road transportation shall abide by these Regulations.
The term "operation of road transportation" as mentioned in the preceding paragraph shall include the operation of passenger transportation (hereinafter referred to as the "OPT") and operation of freight transportation (hereinafter referred to as the "OFT"). The term "businesses related to transportation" in the preceding paragraph shall include the operations of stations (platforms), maintenance of motor vehicles and the training of motor vehicle drivers.

Article 3 Any individuals or institutions that engage in the operation of road transportation as well as the businesses related to road transportation shall comply with the laws and regulations and operate the businesses in good faith and fair competition.

Article 4 The administration of road transportation shall be fair, impartial, open and convenient to the people.

Article 5 The state encourages the development of rural road transportation and shall take necessary measures to improve the rate of road transportation in towns and administrative villages so as to meet the requirements of the farmers in their living and production.

Article 6 The state encourages the operations of road transportation in scale and intensive manners. Any entities or individuals shall not block or monopolize the road transportation market.

Article 7 The competent communications administration of the State Council shall be responsible for the national road transportation administration.
The competent administrations of communications of the people's governments at the county level or above shall be responsible for organizing and leading the road transportation administration within their own administrative areas.
The road transportation administrations at the county level or above shall be responsible for the actual administration of the road transportation.

Chapter II Operation of road transportation

Section 1 Passenger Transportation

Article 8 Any individuals or institutions that apply for the OPT shall meet all of the following conditions:
1. Have vehicles that are applicable to and qualified for their operations;
2. Engage in drivers who meet the requirements as described in Article 9 of these Regulations; and
3. Establish improved administrative systems for safe operations.
Any individuals or institutions that apply for the OPT in route shall provide plans with clear routes and stops.

Article 9 Any drivers that engage in the OPT shall meet the following requirements:
1. Obtain the required driving licenses for motor vehicles;
2. Younger than 60 years old;
3. Have no record of serious traffic accidents within the previous three years; and
4. Pass the examinations of the road transportation administrations at the municipal level in which districts are established, including the examinations with regard to the laws and regulations related to the passenger transportation, motor vehicle maintenance and first aid.

Article 10 Any entity or individual that applies for the business operation of passenger transport shall, after going through the formalities for registration with the administrative department for industry and commerce in accordance with law, file an application in accordance with the following provisions and submit relevant materials as required in Article 8 of these Regulations:
1. Any individuals and institutions that engage in the OPT within the administrative area at county level shall make applications to the county-level road transportation administrations;
2. Any individuals and institutions that engage in the OPT across two or more county-level administrative areas within a province, autonomous region or municipality directly under the Central Government shall make applications to their common superior road transportation administrations;
3. Any individuals and institutions that engage in the OPT across different provinces, autonomous regions or municipalities directly under the Central Government shall make applications to the road transportation administrations of the provinces, autonomous regions or municipalities directly under the Central Government where they are located.
The road transportation administrations that receive the applications in accordance with the preceding paragraph shall complete the examination within 20 days as of the date when the applications are accepted and make decisions whether to approve or reject the applications. If the applications are approved, the road transportation administrations shall issue the road transportation operation licenses to the applicants and issue the vehicle operation licenses to the applicants for the vehicles that are used for road transportation; if the applications are rejected, the road transportation administrations shall give written notices to the applicants in which the reasons shall be given.
With regard to the applications for the OPT across provinces, autonomous regions or municipalities directly under the Central Government, the competent road transportation administrations of the provinces, autonomous regions or municipalities directly under the Central Government shall consult with those of the provinces, autonomous regions or municipalities directly under the Central Government in which the targets of the OPT are located in accordance with Paragraph 2 under this Article 10 before the road transportation operation licenses are issued; in case no agreements are reached, they shall report the applications to the competent communications administration of the State Council which shall make the decisions.

Article 11 Where the operators of the OPT that obtain the road transportation operation licenses wish to increase the OPT routes, they shall complete the relevant procedures in accordance with Article 10 of these Regulations.

Article 12 Where the road transportation administrations at the county level examines the applications for the OPT, they shall consider the factors such as the demand and supply in the passenger transportation markets, universal services and whether facilitate the public.
Where there are 3 or more applications for one route, the decision for licensing may be made by way of bidding.

Article 13 The road transportation administrations at the county level or above shall regularly publicize the demand and supply in the passenger transportation markets.

Article 14 The operation periods for the OPT routes shall be 4 to 8 years. Where any operators need postpone the licenses for the OPT routes upon the expiry of the operation periods, they shall make new applications.

Article 15 Where the operators of the OPT need to terminate the OPT, they shall inform the original approval organs within 30 days before the termination.

Article 16 Any operators of the OPT shall provide the passengers with good environments, keep the vehicles clean and tidy and take necessary measures to prevent any illegal acts that violate the safety of passengers or their properties.

Article 17 The passengers shall take the vehicles with valid tickets, comply with the order and pay attention to the politeness and sanitation, and shall not take any vehicles if they take any dangerous articles or any other articles that are prohibited by the State.

Article 18 Any routine operators of the OPT shall continuously provide road transportation services to the general public and shall not suspend, terminate or transfer the OPT routes without permission after they acquire the road transportation operation licenses.

Article 19 Any individuals and institutions that engage in the chartered OPT shall complete the road transportations in accordance with the stipulated places of departure, destinations and routes.
Any individuals and institutions that engage in the tourist transportation shall complete the transportations on the tourist routes within the tourist areas.

Article 20 No operators of the OPT may force any passenger to take their vehicles, deny or extort any passengers, or change the transportation vehicles without permission.

Section 2 Freight Transportation

Article 21 Any individuals and institutions that apply for the OFT shall meet the following requirements:
1. Have vehicles that are applicable to and qualified for their operations;
2. Engage in drivers who meet the requirements as described in Article 23 of these Regulations; and
3. Establish improved administrative systems for safe operations.

Article 22 Any drivers that engage in the OFT shall meet the following requirements:
1. Obtain the required driving licenses for motor vehicles;
2. Younger than 60 years old;
3. Pass the examinations of the road transportation administrations at the municipal level in which districts are established, including the examinations with regard to the laws and regulations related to the freight transportation, motor vehicle maintenance and the loading and care of goods.

Article 23 Apart from the above-mentioned conditions, any individuals and institutions that apply for the OFT involving in dangerous cargos shall meet the following requirements:
1. Have 5 or more vehicles and equipment that are qualified and specially used for the transportation of dangerous cargos;
2. Engage the drivers, managerial personnel for loading and unloading goods and transportation escorts who pass the examinations held by the local road transportation administrations of the people's government at the municipal level in which districts are established and acquire the qualification for post;
3. The special vehicles for the transportation of dangerous cargos shall be equipped with necessary telecommunications tools; and
4. Establish improved administrative systems for safe operations.

Article 24 Any individuals and institutions that apply for the OFT shall submit applications in accordance with the following regulations as well as the relevant materials as required in Article 22 and Article 24 of these Regulation:
1. Any individuals and institutions that engage in the OFT besides the dangerous cargos shall make applications to the county-level road transportation administrations;
2. Any individuals and institutions that engage in the road transportation of the dangerous cargos shall make applications to the road transportation administrations at the municipal level in which districts are established;
The road transportation administrations that receive the applications in accordance with the preceding paragraph shall complete the examination within 20 days as of the date when the applications are accepted and make decisions whether to approve or reject the applications. If the applications are approved, the road transportation administrations shall issue the road transportation operation licenses to the applicants and issue the vehicle operation licenses to the applicants for the vehicles that are used for road transportation; if the applications are rejected, the road transportation administrations shall give written notices to the applicants in which the reasons shall be given.

Article 25 No operators of the OFT may transport any goods that are prohibited by any laws or administrative regulations.
With regard to the goods that may be transported after the relevant procedures are completed in accordance with the laws and administrative regulations, the operators of OFT shall examine or check the required procedures.

Article 26 The State encourages the operators of OFT to adopt closed road transportation so as to ensure the sanitation of environment and the safety of freight transportation.
The operators of the OFT shall take necessary measures to prevent goods from falling down or being scattered from the vehicles.
During the transportation of dangerous goods, necessary measures shall be taken to prevent from the combustion, explosion, radiation or leak of the dangerous goods.

Article 27 During the transportation of dangerous goods, necessary transportation escorts shall be arranged to ensure the dangerous goods are supervised by the transportation escorts and some obvious transportation marks for the dangerous goods shall be displayed.
Any individuals and institutions that consign any dangerous goods shall state the names, natures and emergency solutions of the dangerous goods to the operators of the OFT, shall packaged the dangerous goods in strict compliance with the relevant requirements of the State, and shall display obvious signs or marks.

Section 3 Common Provisions on Passenger Transportation and Freight Transportation

Article 28 All the operators of the OPT and the OFT shall enhance the safety education and professional ethics education to their personnel and ensure the safety of road transportation.
All road transportation practitioners shall abide by the operating procedures for road transportation. No one may violate the operating procedures. No driver may drive for more than consecutive 4 hours.

Article 29 Any enterprises that engage in the manufacturing (refitting) of passenger or freight transportation vehicles shall standardize the ratified number of passengers or load capacity of the vehicles in accordance with the provisions of the State and shall not mark more or less than the ratified number of passengers or load capacity.
The operators of the OPT or the OFT shall use the vehicles that meet the standards of the State for the operations of road transportation.

Article 30 The operators of the OPT or the OFT shall strengthen the maintenance and testing of the vehicles to ensure that the vehicles meet the technical standards of the State; any operators shall not use any discarded vehicles or refitted vehicles or any other vehicles that fail to meet the standards of the State for the operations of road transportation.

Article 31 The operators of the OPT or the OFT shall make necessary emergency plans against any traffic accidents, natural disasters or any other emergencies. The emergency plans shall include the reporting procedures, emergency commanding, a reserve of emergency vehicles and equipment and the measures for disposal.

Article 32 Where any traffic accidents, natural disasters or emergencies occur, the operators of the OPT and the OFT shall obey the unified dispatch and command of the people's government or the competent departments at the county level or above.

Article 33 The operation licenses shall be taken with the transportation vehicles and shall be not transferred or leased.

Article 34 Where any vehicles on roads are used for the transportation of passengers, the ratified number of passengers shall be not exceeded and any freight shall be not carried in violation of provisions; where any vehicles on roads are used for the transportation of freights, any passengers shall be not carried, the freights shall be consistent with the ratified load capacity and any overloading shall be strictly prohibited. The length, width and height of the freights shall conform to the loading requirements.
Any individuals and institutions that violate the provisions of the preceding paragraph shall be punished by the traffic administrative departments of the public security organs in accordance with the Law of the People's Republic of China on Road Traffic Safety.

Article 35 The operators of the OPT or the operators of dangerous goods transportation shall purchase the carrier's liability insurances for passengers or dangerous goods.

Chapter III Businesses Related to Road transportation

Article 36 Any individuals and institutions that apply for the operation of road transportation stations (platforms) shall meet the following requirements:
1. Have accepted and qualified road transportation stations (platforms);
2. Have relevant professional personnel and managerial personnel;
3. Have relevant equipment and facilities; and
4. Have sound business operating procedures and improved safety management systems.

Article 37 Any individuals and institutions that apply for the operation of motor vehicle maintenance businesses shall meet the following requirements:
1. Have places for motor vehicle maintenance;
2. Have necessary equipment, facilities and technicians;
3. Have improved management systems for the motor vehicle maintenance; and
4. Have necessary environmental protection measures.

Article 38 Any individuals and institutions that apply for training drivers for motor vehicles shall meet the following requirements: 1. Obtained corporate capacity;
2. Have improved training institutions and management systems;
3. Have trainers and managements who meet the requirements of training; and
4. Have necessary training vehicles and other facilities, equipment and places for training.

Article 39 Any individuals and institutions that apply for the operations of road transportation stations (platforms), motor vehicle maintenance and the drivers training for motor vehicles shall, after going through the formalities for registration with the administrative department for industry and commerce in accordance with law, make an application to the local road transportation administration at the county level, and shall submit the relevant materials that are provided in Articles 37, 38 and 39 of these Regulations. The road transportation administrations at the county level shall complete the examination within 15 days as of the date when they accept the applications, make decisions whether approve or reject them and shall give written notices to the applicants thereby.

Article 40 The operators of road transportation stations (platforms) shall inspect the departure vehicles on their safety, forbid any unlicensed vehicles to enter the stations (platforms) for businesses and prevent any overloaded or uninspected vehicles from departure.
The operators of road transportation stations (platforms) shall fairly treat the operators of the OPT and OFT and shall not refuse any transportation vehicles to enter the stations (platforms) for businesses without proper reasons.
The operators of road transportation stations (platforms) shall provide the passengers and consignors with safe, convenient and good services and keep the stations (platforms) clean and tidy and shall not randomly change the purposes and functions of the stations (platforms).

Article 41 The operators of the OPT stations (platforms) shall properly arrange the number of runs for the operators of the OPT, publicize their transportation routes, departure places, destinations, stops, number of runs, departure times and ticket prices, arrange the entrances and departures of the vehicles, guide the passengers and maintain the order of the stations.
The operators of the OPT stations (platforms) shall establish the service facilities for the passengers to purchase tickets, wait for the vehicles, deposit luggage and consign goods, sell tickets pursuant to the ratified number of passengers of the vehicles and take measures to prevent any person who carries dangerous articles from entering the station or taking the vehicles.

Article 42 The operators of the OFT stations (platforms) shall load, unload, store and preserve the goods in accordance with the business operating procedures that are provided by the competent communications administration of the State Council.

Article 43 The operators that engage in the motor vehicle maintenance shall maintain or repair any motor vehicles in accordance with the relevant technical specifications of the State to ensure the maintenance quality and shall not use any counterfeit or shoddy parts to maintain or repair any motor vehicles.
The operators that engage in the motor vehicle maintenance shall publicize the hours and fees for the motor vehicle maintenance and charge reasonable fees.

Article 44 Where any maintenance operators engage in Grade II maintenance, unit repair or entire repair, they shall inspect the quality of maintenance. Where the maintenances are accepted, the quality inspectors shall issue the conformity certificates for the repaired motor vehicles.
The quality warranty period system shall be applicable to the motor vehicle maintenance. During the warranty period, where any motor vehicles fail to work normally due to the maintenance quality, the operators that engage in the motor vehicle maintenance shall have the motor vehicle repaired again without any charge.
The detailed measures for the quality warranty period system shall be formulated by the competent communications administration of the State Council.

Article 45 Any operators that engage in the motor vehicle maintenance shall not undertake the maintenance of any discarded motor vehicles nor refit any motor vehicles without permission.

Article 46 The institutions that engage in training the drivers for motor vehicles shall provide trainings in accordance with the training outline that is provided by the competent communications administration of the State Council and ensure the training quality. After the completion of training, they shall issue training certificates to the trainees.

Chapter IV International Road transportation

Article 47 The competent communications administration of the State Council shall promptly publicize the international road transportation routes that are stipulated by the bilateral or multilateral road transportation agreements by and between or among Chinese Government and the governments of relevant countries to the public.

Article 48 Any individuals and institutions that apply for the international operation of road transportation shall meet the following requirements:
1. They shall be the legal persons of enterprises that obtain the transportation operation licenses in accordance with the provisions of Articles 10 and 25 of these Regulations; and
2. They shall have 3 years of operation terms in domestic road transportation and have not involved in any material or more serious traffic liability accidents.

Article 49 Any individuals and institutions that apply for the international road transportation shall make applications to the road transportation administrations of the province, autonomous region or municipality directly under the Central Government submit the relevant materials as required in Article 49 of these Regulations. The road transportation administrations of the province, autonomous region or municipality directly under the Central Government shall complete the examination within 20 days from the acceptance of the applications and make decisions whether approve or reject the applications. Where they approve the applications, they shall report such applications to the competent communications administration of the State Council for putting on files; where they reject the applications, they shall give the reasons to the applicants.
The operators that engage in the international road transportation shall, with their approval documents, complete the relevant formalities to the competent departments in accordance with the law.

Article 50 The Chinese operators that engage in the international road transportation shall display the identification marks of Chinese nationality at the eye-catching places of their transportation vehicles.
The foreign operators that engage in the international road transportation shall display the identification marks of their own nationality when they conduct transportation within the territory of China and shall travel on the prescribed transportation routes; they shall not change the routes without permission, nor shall they engage in any operation of road transportation of which the departures and destinations are all within the territory China.

Article 51 The administrations of international road transportation that are established at the ports shall strengthen the supervision and control of the entry/exit international road transportation.

Article 52 Permanent representative offices lawfully set up in China by foreign business operators that engage in the international road transportation shall not engage in any business operations.

Chapter V Law Enforcement and Supervision

Article 53 The competent communication administrations of the people's governments at the county level or above shall strengthen the guidance and supervision over the road transportation administrations on their administrations.

Article 54 The road transportation administrations shall strengthen the construction of the law enforcement teams and improve the law and business qualities of the personnel.
The personnel of the road transportation administrations shall accept the training and examinations with regard to the laws and the road transportation administrations. Any persons that fail to pass the examinations shall not perform the functions on their posts.

Article 55 The superior administrations of road transportation shall supervise the inferior administrations of road transportation on their law enforcement.
The administrations of road transportation shall establish and improve their internal supervision systems to supervise and inspect the law enforcement of their personnel.

Article 56 The administrations of road transportation and their personnel shall consciously accept the supervision from the society and the citizens when they perform their duties.

Article 57 The administrations of road transportation shall establish the systems for reporting transportation offences in which the telephone numbers, correspondence addresses or emails shall be publicized.
Any entities and individuals shall be entitled to report any offences of the personnel in the administrations of road transportation such as abuse of power and seeking private interests. The competent communication departments, the administrations of road transportation or any other relevant departments shall investigate and punish any offenders in accordance with the law after they receives such reports.

Article 58 The personnel of the administrations of road transportation shall conduct supervisions and inspections in strict compliance with their functions and procedures. Any personnel shall not randomly set checkpoints, charge fees or impose monetary penalties.
The personnel of the administrations of road transportation shall focus the supervisions or inspections on the operation places of the road transportation and the relevant businesses or the terminals of passengers and cargos.
Any personnel of the administrations of road transportation shall not randomly intercept any normally driven transportation vehicles when they perform the supervisions and inspections at road crossings.

Article 59 Two or more personnel of the administrations of road transportation shall be arranged for the supervisions and inspections and they shall show their enforcement certificates to the parties concerned.

Article 60 The personnel of the administrations of road transportation may acquire any necessary information from the entities or individuals concerned or read or copy any relevant materials provided that they keep the commercial secrets of the entities or individuals in confidential.
The entities or individuals under supervision and inspection shall accept the lawful supervision and inspection and faithfully provide the relevant materials or information.

Article 61 Where any personnel of the administrations of road transportation find any overloaded vehicles during the transportation supervisions and inspections, they shall stop the violations immediately and take corresponding measures to arrange another vehicle for the passengers or the goods.

Article 62 During the transportation supervision and inspection, where the personnel of the administrations of road transportation detain any vehicles that are run without the road transportation operation licenses or no other valid certificates may be presented on the spot, they shall properly keep the vehicles and shall not use it, nor may they charge, explicitly or in any disguised form, any storage fees.

Chapter VI Legal Liabilities

Article 63 Where any individuals and institutions engage in the operation of road transportation without road transportation operation licenses in violation of the provisions of these Regulations, they shall be ordered to stop their operations by the administrations of road transportation at the county level or above; any illegal gains shall be confiscated and such individuals or institutions shall be fined not less than 2 times but not more than 10 times of the amount of the illegal gains; where no illegal gains or the illegal gains is less than RMB 20,000, such individuals or institutions shall be fined RMB 30,000 to RMB 100,000; in case that any crimes are constituted, their criminal liabilities shall be investigated.

Article 64 Where any individuals that fail to meet the requirements of Articles 9 and 23 of these Regulations drive vehicles for the road transportation operations, they shall be ordered to make corrections by the administrations of road transportation at the county level or above and shall be fined CNY 200 to CNY 2,000; in case that any crimes are constituted, their criminal liabilities shall be investigated.

Article 65 Where any individuals and institutions engage in the operations of road transportation stations (platforms), motor vehicles maintenance or training drivers for the motor vehicles without permission in violation of the provisions of these Regulations, they shall be ordered to stop their operations by the administrations of road transportation at the county level or above; any illegal gains shall be confiscated and such individuals or institutions shall be fined more than 2 times but less than 10 times of the amount of the illegal gains; where no illegal gains or the illegal gains is less than CNY 10,000, such individuals or institutions shall be fined CNY 20,000 to CNY 50,000; in case that any crimes are constituted, their criminal liabilities shall be investigated.

Article 66 Where any operators of the OPT or OFT or the relevant road transportation transfer or lease, in illegal manners, their road transportation licenses or permits in violation of the provisions of these Regulations, they shall be ordered to stop their violations, their licenses or permits shall be taken over and they shall be fined not less than CNY 2,000 but not more than CNY 10,000; the illegal gains, if any, shall be confiscated.

Article 67 Where any operators of the OPT or of the dangerous goods transportation, in violation of the provisions of these Regulations, fail to purchase the carrier's liability insurance, they shall be ordered to purchase such insurances within a time limit by the administrations of road transportation at the county level or above; where such operators refuse to do so, their road transportation operation licenses shall be cancelled by the original approval organs.

Article 68 Where any operators of the OPT or the OFT, in violation of the provisions of these Regulations, fail to take the road transportation operation licenses, they shall be ordered to make rectifications by the administrations of road transportation at the county level or above and they shall be warned or fined not less than CNY 20 but not more than CNY 200.

Article 69 Where any operators of the OPT or the OFT, in violation of the provisions of these Regulations, are under any of the following circumstances, they shall be ordered to make rectifications by the administrations of road transportation at the county level or above and they shall be fined not less than CNY 1,000 but not more than CNY 3,000; in case the circumstances are serious, their road transportation operation licenses shall be cancelled by the original approval organs:
1. Fail to park the vehicles at the approved passenger transportation stops or fail to drive the vehicles on the specified routes or adhering to the publicized number of runs;
2. Use force to solicit passengers or cargos;
3. Change the transportation vehicles or handing over the passengers to other vehicles during the journey without the passengers' permission;
4. Terminate the OPT without reporting to the original approval organ; or
5. Fail to take necessary measures to prevent the goods from falling down or being scattered.

Article 70 Where any operators of the OPT or the OFT, in violation of the provisions of these Regulations, fail to maintain and test the transportation vehicles, they shall be ordered to make rectifications by the administrations of road transportation at the county level or above and shall be fined not less than CNY 1,000 but not more than CNY 5, 000.
Where any operators of the OPT or the OFT, in violation of the provisions of these Regulations, refit any vehicles for which operation licenses has been obtained, they shall be ordered to make rectifications by the administrations of road transportation at the county level or above and shall be fined not less than CNY 5,000 but not more than CNY 20, 000.

Article 71 Where any operators of transportation stations (platforms), in violation of the provisions of these Regulations, allow unlicensed vehicles to enter into the stations for the business operations, or permit overloaded or uninspected vehicles to depart from the stations, or refuse any transportation vehicles to enter into the stations for the business operations without proper reasons, they shall be ordered to make rectifications by the administrations of road transportation at the county level or above and shall be fined not less than CNY 10,000 but not more than CNY 30, 000.
Where any operators of transportation stations (platforms), in violation of the provisions of these Regulations, change the purposes and functions of the transportation stations (platforms) without permission, or fail to publicize the transportation routes, places of departure and destinations, stops, number of runs, departure time and ticket prices, they shall be ordered to make rectifications by the administrations of road transportation at the county level or above; where any operators refuse to do so, they shall be fined CNY 3,000; the illegal gains, if any, shall be confiscated.

Article 72 Where any operators of motor vehicle maintenance, in violation of the provisions of these Regulations, use the counterfeit or shoddy parts in the maintenance of motor vehicles, repair any discarded motor vehicles or refit any motor vehicles without permission, they shall be ordered to make rectifications by the administrations of road transportation at the county level or above; the illegal gains, if any, shall be confiscated and such operators shall be fined not less than 2 times but not more than 10 times of the amount of the illegal gains; where no illegal gains or the illegal gains is less than CNY 10,000, such operators shall be fined not less than CNY 20,000 but not more than CNY 50,000 and the counterfeit or shoddy parts or the discarded motor vehicles shall be confiscated; if the circumstances are serious, their road transportation operation licenses shall be cancelled by the original approval organs; and in case that any crimes are constituted, their criminal liabilities shall be investigated.

Article 73 Where any operators of the motor vehicle maintenance, in violation of the provisions of these Regulations, issue any false motor vehicle maintenance conformity certificates, they shall be ordered to make rectifications by the administrations of road transportation at the county level or above; the illegal gains, if any, shall be confiscated and such operators shall be fined not less than 2 times but not more than 10 times of the amount of the illegal gains; where no illegal gains or the illegal gains is less than CNY 3,000, such operators shall be fined not less than CNY 5,000 but not more than CNY 20,000; if the circumstances are serious, their operation licenses shall be cancelled by the original approval organs; and in case that any crimes are constituted, their criminal liabilities shall be investigated.

Article 74 Where any institutions that engage in motor vehicle driver training, in violation of the provisions of these Regulations, fail to carry out training in strict compliance with the relevant provisions or resort to deception when issuing training certificates, they shall be ordered to make rectifications by the administrations of road transportation at the county level or above; where they refuse to do so, their operation licenses shall be canceled by the original approval organ.

Article 75 Where any foreign operators of the international road transportation, in violation of the provisions of these Regulations, engage in the operation of road transportation within China or fail to bear the identification marks of their own countries, they shall be ordered to stop the transportation by the administrations of road transportation of the provinces, autonomous regions or municipalities directly under the Central Government; the illegal gains, if any, shall be confiscated and such operators shall be fined not less than 2 times but not more than 10 times of the amount of the illegal gains; where no illegal gains or the illegal gains is less than CNY 10,000, such operators shall be fined not less than CNY 30,000 but not more than CNY 60,000.

Article 76 Where any personnel of the administrations of road transportation, in violation of the provisions of these Regulations, constitute any of the following circumstances, they shall be given administrative sanctions; in case that any crimes are constituted, their criminal liabilities shall be investigated:
1. Fail to grant administrative licenses in accordance with the conditions, procedures and time limits as described in these Regulations;
2. Participate in a normal form or in a disguised form in the operations of road transportation and other related businesses;
3. Find any illegal acts but fail to investigate and punish the offenders in time;
4. In violation of the relevant provisions, intercept and inspect any transportation vehicles that are driven normally;
5. Illegally detain any transportation vehicles or operation licenses;
6. Seek or accept others' properties or seek other interests; or
7. Commit any other illegal acts.

Chapter VII Supplementary Provisions

Article 77 The road transportation between the Mainland of China and either the Hong Kong Special Administrative Region or the Macao Special Administrative Region shall be implemented by reference to these Regulations.

Article 78 The foreign businessmen may, in accordance with the relevant laws, administrative regulations and relevant provisions of the State, invest in the operations of road transportation and other related businesses within China in the forms of Sino-foreign joint equity, Sino-foreign cooperative enterprise or a wholly foreign-funded enterprise.

Article 79 Any individuals and institutions that engage in the non-operation transportation concerned with dangerous goods shall abide by the relevant provisions of these Regulations.

Article 80 The administrations of road transportation may charge the cost of production when they issue operation licenses and vehicle operation licenses in accordance with these Regulations. The actual standards for the cost of production shall be verified by the financial departments and competent price administrations of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government together with the competent communication departments at the same level.

Article 81 The administrative measures for passenger transportation of taxis and city buses shall be otherwise formulated by the State Council.

Article 82 These Regulations shall come into force as of July 1, 2004.