The relevant departments in Beijing are talking about the diats, and the special cars and express trains you are sitting on every day may be illegal! Recently, the Beijing Municipal Transportation Commission, the Municipal Traffic Enforcement Corps and the Municipal Public Security Bureau Bus Defence Corps jointly talked about the person in charge of the “Drip Special Vehicle†platform, pointing out the “Drip Special Vehicle†and “Drip Express†business launched by the company. The use of private cars and rental vehicles with drivers, passenger services that provide transportation services according to the wishes of passengers and charge by mileage and time violates the provisions of current laws and regulations.
Traffic control department: Private car for special vehicle violation According to the Beijing Municipal Communications Commission and other aspects of the notification, since 2015, Beijing Traffic Enforcement Corps investigated and dealt with 963 illegally operated vehicles, involving 208 illegally operated vehicles, including private cars 161 Start. The Transportation Committee of the Municipal Communications Commission stated that in accordance with relevant regulations, taxi operators engaged in providing transportation services according to the passengers' wishes and charging by mileage and time must obtain a qualification permit. At present, it is illegal to access the private car and the driver to carry out the passenger service without permission.
It is understood that according to the relevant provisions of the "Beijing Municipal Automobile Leasing Management Measures", the rental car is not allowed to equip the lessee with a driver, and the lessee is not allowed to sublease the vehicle. Therefore, the relevant car platform violates the "Beijing Municipality Car Rental Management Measures" and related regulations by renting vehicles from the leasing company and providing drivers with passenger services.
Previously, the relevant personnel of the Guangzhou Municipal Communications Commission said that “about car rental†must have two conditions: First, the driver must obtain a qualification certificate to allow him to engage in passenger transportation services; second, the vehicle must obtain a transportation permit to allow it to engage in operational activities. Both are indispensable.
Didi: An open vehicle and personnel information reporter interviewed that at present, drivers and vehicles of Didi and other special vehicles do not have relevant operational licenses, but instead pass the form of “four-party agreementâ€: relying on private cars to lease Under the name of the company, the employer of a labor dispatch company hires a car owner, and the software platform, car rental company, labor dispatch company, and driver jointly sign a “four-party agreementâ€. “The driver is dispatched as a labor service, and the vehicle is used as a platform for leasing, dripping, etc.â€
In an interview with the reporter, the industry believes that "the car is not a taxi, the standard of taxis is used to set up a car, and there is a feeling of 'chicken and duck talking.' There is no relevant legal regulation that does not allow the network platform to do this. In addition, the extra insurance provided by the car platform for the user, as well as the 'first payment' service, is not available in the current taxi."
In response to interviews with the Beijing Municipal Commission of Communications, the person in charge of the Didi Special Vehicle stated that “the company will conduct self-inspection and rectification according to the requirements of relevant departments, carry out legal business, and further strengthen cooperation with government departments to establish a data monitoring platform and with government departments. Docking, open platform personnel, vehicles and order related data information."
Industry: The car platform needs to strengthen management interviews and learn that a large number of private cars have changed into "special cars" through "hooking", and private car owners directly access the car platform, and the car drivers are recruiting, training and service. There are many problems, which have been criticized and worried by users all the time. However, the industry generally believes that "the car platform does need to strengthen management, but does not need a stick to shoot."
Previously, the three departments of Guangzhou jointly investigated the Uber car. To avoid risks, Uber has added an agreement with drivers and consumers, in which the driver has to sign a Carpool Agreement, etc. Uber emphasizes that he “is just an intermediary between passengers and car service providersâ€.
Jiang Daxing, a professor at Peking University Law School, believes that the nature of the current private platform is still unclear as to whether it is an intermediary or a car rental operator. "The law has different control over information brokers and car rental operators. From the perspective of the main body of fees, the main transaction behavior is completed by the private car platform. The leasing company may only be divided into small parts, but it is the main body of car rental operations."
Gu Dasong, executive deputy director of the Research Center for Traffic Rule of Law and Development at Southeast University, believes that special vehicles need to be self-defined vehicle standards, driver access standards and service standards by enterprises or enterprise alliances. The competent authorities conduct post-event supervision according to standards and violate corporate violations. Information such as the standard facts and complaint handling situation will be announced to achieve cooperation and management of relevant departments and markets.
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