Notice of the Ministry of Transport, the Ministry of Public Security and the Ministry of Emergency Management on issuing the "Safety Management Standards for Road Passenger Transport Enterprises"
Notice of the Ministry of Transport, the Ministry of Public Security and the Ministry of Emergency Management on issuing the "Safety Management Standards for Road Passenger Transport Enterprises"
(Shipping [2018] No. 55)
Announcement of the Ministry of Transport, Ministry of Public Security and Ministry of Emergency Management of the People's Republic of China
In order to fully implement the Production Safety Law of the People's Republic of China, the Road Traffic Safety Law of the People's Republic of China, the Opinions of the Central Committee of the Communist Party of China and The State Council on Promoting the Reform and Development of Production Safety and other laws, administrative regulations and document requirements, learn lessons from major road transport accidents, and further standardize the production safety management of road passenger transport enterprises, The Ministry of Transport, the Ministry of Public Security, and the Ministry of Emergency Management adhere to the problem-oriented, based on the actual development, and jointly revised the "Safety Management Standards for Road Passenger Transport Enterprises". Effective from June 1, 2018.
Ministry of Transport, Ministry of Public Security, Ministry of Emergency Management
April 30, 2018
Notice of the Ministry of Transport, the Ministry of Public Security and the Ministry of Emergency Management on issuing the "Safety Management Standards for Road Passenger Transport Enterprises"
Chapter I General rules
Article 1 In order to strengthen and standardize the safety work of road passenger transport enterprises, improve the level of safety management of enterprises, fully implement the main responsibility of safety of passenger transport enterprises, and effectively prevent and reduce road traffic accidents, This Code is formulated in accordance with the Law of the People's Republic of China on Work Safety, the Law of the People's Republic of China on Road Traffic Safety, the Regulations on the Implementation of the Law of the People's Republic of China on Road Transport and other relevant laws and regulations.
Article 2 These regulations shall apply to enterprises engaged in road passenger transport operations (hereinafter referred to as passenger transport enterprises).
Article 3 The passenger transport enterprise is the main responsibility of road passenger transport safety production, should adhere to the people-oriented, safe development, adhere to the safety first, prevention first, comprehensive management of the policy, strictly abide by the safety of production, road traffic safety and transportation management and other relevant laws, regulations, rules and standards, establish and improve the safety of production responsibility system and safety of production management system. Improve the safety of production conditions, strictly implement the safety of production operation procedures, strengthen the technical management of passenger vehicles and passenger drivers and other employees, to ensure the safety of road passenger transport.
Article 4 A passenger transport enterprise shall accept the supervision and management of its work safety carried out by the departments of transport, public security and emergency management according to law.
Article 5 Passenger transport enterprises shall actively carry out standardization construction of safety production according to law, encourage the use of new technologies, new processes and new equipment, and constantly improve safety production conditions.
Chapter II Basic guarantee of production safety
Article 6 Passenger transport enterprises and branches shall set up leading agencies for production safety according to law. The leading organization for production safety shall include the principal person in charge of the enterprise (including the legal representative and the actual controller and other persons in charge), the business person in charge of transportation operation, safety management, vehicle technology management, employee management, dynamic monitoring, and the principal person in charge of the branch.
Article 7 A passenger transport enterprise with 20 or more passenger vehicles shall set up a safety production management organization, equipped with full-time safety management personnel, and provide necessary working conditions. Passenger transport enterprises with less than 20 passenger vehicles shall be equipped with full-time safety management personnel and provide necessary working conditions.
The number of full-time safety management personnel is determined in principle in accordance with the following standards: For 300 passenger vehicles (including), in accordance with the standard of 1 person per 30 vehicles, the minimum is not less than 1 person; For more than 300 passenger vehicles, according to the standard equipment of 1 person for every 100 additional vehicles.
Article 8 The principal person in charge and the safety management personnel of a passenger transport enterprise shall have the knowledge of production safety and the management ability suitable for the road passenger transport production and business activities engaged by the enterprise, and pass the examination of their safety production knowledge and management ability by the transport management department at or above the county level. Or obtain the qualification of registered safety engineer (road transport safety) and submit it to the local transport administrative department at or above the county level.
Article 9 A passenger transport enterprise shall conduct production safety education and training for its employees. Without qualified production safety education and training, employees shall not be allowed to work.
Passenger transport enterprises using internship students, internship students should be included in the enterprise employees unified safety education and training. Where an enterprise adopts new processes, new technologies, new materials or uses new equipment, it shall conduct special education and training on production safety for its employees.
The safety production education and training of employees shall be based on the independent training of passenger transport enterprises, and can also entrust or hire institutions or other passenger transport enterprises with the business of carrying out safety production education and training.
The initial safety production education and training time of the main person in charge of the passenger transport enterprise and the safety management personnel shall not be less than 24 class hours, and the annual retraining time shall not be less than 12 class hours.
Article 10 Passenger transport enterprises shall regularly hold safety production work meetings and regular safety meetings.
The work conference on production safety shall be held at least once a quarter to study and solve major problems in production safety, and arrange and deploy phased work on production safety. Safety regular meeting shall be held at least once a month to inform and arrange the implementation of various safety production work. For passenger transport enterprises with less than 20 passenger vehicles, safety production work meetings can be held together with safety regular meetings.
After the passenger transport enterprise has a production safety accident that causes death, more than 3 people (including) serious injury, and adverse social impact, it shall convene a safety work conference or safety regular meeting for analysis and notification.
Safety work meetings and regular safety meetings shall have meeting minutes, meeting minutes shall be documented and stored for a period of not less than 36 months.
Article 11 Passenger transport enterprises shall ensure the investment in safety production, in accordance with relevant provisions, in accordance with the proportion of not less than 1.5% of the actual operating income of the previous year, the establishment of special funds for safety production, the establishment of independent accounts, dedicated funds. The special fund for work safety is mainly used for:
(1) Expenditures for improving, transforming and maintaining safe operation facilities and equipment;
(2) the construction, operation, maintenance and upgrading of dynamic monitoring platforms and video surveillance systems for road transport vehicles, as well as the purchase, installation and use of satellite positioning devices and video surveillance devices with driving record functions;
(3) expenditures for equipping, maintaining and maintaining emergency rescue equipment and equipment and carrying out emergency exercises;
(d) to carry out safety risk control and accident hidden danger investigation, evaluation, monitoring and rectification expenditures;
(e) work safety inspection, evaluation, consultation and work safety standardization construction expenditures;
(6) Expenditures for equipping and updating safety protective equipment for on-site personnel;
(7) Expenditure on safety publicity, education, training and safety incentives;
(8) Expenditures for the promotion and application of new technologies, standards, processes and equipment applicable to safe production;
(9) Expenditures for testing and inspection of safety facilities and equipment;
(10) Other expenditures directly related to production safety.
Article 12 Passenger transport enterprises shall, in accordance with the requirements of relevant laws and regulations, take out carrier liability insurance, work-related injury insurance and other safety production liability insurance and compulsory motor vehicle traffic accident liability insurance.
Article 13 Encourage passenger transport enterprises to actively explore and improve the form of mutual assistance in the safety planning industry, and improve the ability of enterprises to resist risks.
Chapter III Responsibilities of production safety
Article 14 Passenger transport enterprises shall establish and improve the safety production responsibility system of all employees according to law, decompose the safety production responsibility of the enterprise to various departments and posts, and clarify the responsible personnel, responsibility content and assessment standards.
The contents of the production safety responsibility system shall include:
(A) the main responsible person's work safety responsibilities, objectives and assessment standards;
(2) The responsibility, objectives and assessment standards of the person in charge of production safety and transportation operation;
(C) management departments, branches and their responsible persons of production safety responsibilities, objectives and assessment standards;
(D) team and team leader safety production responsibilities, objectives and assessment standards;
(5) The safety production responsibilities, objectives and assessment standards of the employees.
Article 15 Passenger transport enterprises shall sign safety production target responsibility letters with branches at various levels, formulate clear assessment indicators, regularly assess and publish assessment results and rewards and punishments.
Article 16 Passenger transport enterprises shall carry out the dual duties of safety production. The legal representative and the actual controller of the passenger transport enterprise are the first responsible persons for safety production and bear the overall responsibility for safety production. The person in charge of production safety shall assist the principal person in charge to perform the duties of production safety, and be responsible for the organization, implementation, comprehensive management and supervision of production safety; Other responsible persons shall be responsible for the direct management of work safety within their respective responsibilities. Enterprise party committees, trade unions, functional departments, and staff of various positions shall assume the corresponding safety production responsibilities within the scope of their responsibilities.
Article 17 The principal person in charge of a passenger transport enterprise shall have the following responsibilities for the work safety of the unit:
(1) Strictly implement production safety laws, regulations, rules, norms and standards, and organize the implementation of the work deployment and requirements of relevant management departments;
(b) establish and improve the unit's safety production responsibility system, organize the formulation of the unit's safety production rules and regulations, passenger drivers and vehicles safety production management measures and safety production operation procedures;
(C) according to law to establish a production safety management organization to meet the needs of production safety work, determine qualified responsible persons in charge of production safety, with full-time safety management personnel;
(d) in accordance with the provisions of the full withdrawal of special funds for production safety, to ensure the effective implementation of the unit's production safety investment;
(5) To supervise and inspect the work of production safety of the unit, and eliminate hidden dangers of production safety in a timely manner;
(6) To organize and carry out work safety education and training of the unit;
(7) To organize the construction of standardization of production safety;
(8) Organize the formulation and implementation of the unit's production safety emergency plan, and carry out emergency rescue drills;
(9) Regularly organize and analyze the situation of production safety of the unit, and study and solve major production safety problems;
(10) Report road passenger transport production safety accidents in accordance with relevant regulations, and implement the relevant work on the handling of production safety accidents;
(11) Implement production safety performance management, regularly publish the safety production situation of the unit, carefully listen to and actively adopt the rationalization suggestions and requirements of trade unions and employees on production safety.
Article 18 The safety production management organization and safety management personnel of the passenger transport enterprise shall have the following responsibilities for the safety production work of the unit:
(1) Strictly implement production safety laws, regulations, rules, norms and standards, participate in production safety decision-making of enterprises, and put forward suggestions for improving and strengthening production safety management;
(2) Organize or participate in the formulation of the safety production rules and regulations of the unit, the safety production management system for passenger drivers and vehicles, the dynamic monitoring management system, operation procedures and related technical specifications, clarify the safety production responsibilities of various departments and positions, and urge the implementation;
(3) Organize or participate in the formulation of the unit's annual safety production management performance targets and safety production management work plans, and organize the implementation of assessment;
(4) Organize or participate in the formulation of the safety production fund investment plan and safety technical measures plan of the unit, organize the implementation or supervise the implementation of relevant departments;
(5) Organize and carry out the work safety inspection of the unit, and supervise and handle the safety hazards and other safety problems found out in a timely manner; If the situation is serious, production activities shall be stopped according to law. The traffic violations of vehicles and passenger drivers reported and reported by relevant administrative departments shall be dealt with in a timely manner, and the behaviors of illegal command, risky operation and violation of operating rules shall be stopped and corrected;
(6) To urge the implementation of the unit's safety hazards investigation and safety risk management measures, organize or participate in the formulation of the unit's production safety emergency plan and emergency drills, and urge the implementation of the unit's production safety rectification measures;
(7) Organize or participate in the work safety publicity, education and training of the unit, strengthen the accident case warning education, summarize and promote the advanced experience in work safety, and truthfully record the work safety education and training;
(8) In case of production safety accidents, timely report to relevant administrative departments in accordance with relevant provisions; To organize or participate in the investigation and handling of production safety accidents of the unit, and to undertake the statistics and analysis of production safety accidents;
(9) other work related to the administration of production safety.
Article 19 Passenger transport enterprises shall perform other duties of production safety as prescribed by laws, regulations and rules.
Chapter IV Safety production system
Section 1 Passenger driver management
Article 20 A passenger transport enterprise shall establish a passenger driver employment system according to law. Unify the employment procedures and conditions for passenger drivers, strictly review the qualifications of passenger drivers, safe driving experience and occupational health examination results, and test the actual driving skills.
If the driver has any of the following circumstances, the passenger transport enterprise shall not employ him to drive the passenger vehicle:
(1) there is no valid and applicable motor vehicle driving license and employment qualification certificate, as well as failing to pass the integrity assessment or being blacklisted;
(b) within 36 months caused by a road traffic accident resulting in death and bear the same or above responsibility;
(3) In the last three complete scoring cycles, 1 scoring cycle of traffic violations recorded 12 points;
(4) drunk-driving, overdriving by more than 20%, speeding by more than 50%(speeding by 20% on expressways) within 36 months, or having more than 3 illegal speeding records within 12 months;
(5) Those who have records of smoking or injecting drugs, or who have not yet given up their addiction to dependent psychotropic drugs for a long time, and those who have found other occupational contraindications.
Article 21 A passenger transport enterprise shall establish a pre-job training system for passenger drivers, and only after they have passed the training can they take up their posts.
The main contents of the pre-job training include: road traffic safety and production safety related laws and regulations, safe driving knowledge and skills, traffic accident case warning education, professional ethics, safety notification knowledge, traffic accident legal liability provisions, defensive driving skills, knowledge of casualty first aid and other safety and emergency management knowledge, and enterprise regulations on safety operation and management.
Passenger driver pre-job training is not less than 24 hours, and should be based on the actual practice with the car, familiar with the performance of passenger vehicles and passenger lines in advance.
Article 22 A passenger transport enterprise shall establish a safety education, training and assessment system for passenger drivers.
Passenger transport enterprises should conduct unified training for passenger drivers, safety education and training should be no less than once a month, each time no less than 2 hours, safety education and training content should include: laws and regulations, typical traffic accident cases, skills training, safe driving experience exchange, emergency response training.
A passenger transport enterprise shall organize and urge its passenger drivers to participate in continuing education, ensure the time for passenger drivers to participate in education and training, and provide necessary learning conditions. Passenger transport enterprises can rely on Internet technology to actively innovate, improve safety training and education means, and enrich training methods.
After the passenger driver receives safety education and training, the passenger transport enterprise should conduct a unified assessment of the effect of passenger driver education and training. The relevant information of passenger driver safety education and training assessment should be included in passenger driver education and training files. The contents of passenger driver education and training files should include: training content, training time, training place, instructors, signatures of training personnel, signatures of assessment personnel and safety management personnel, training and examination. The retention period is not less than 36 months.
Passenger transport enterprises shall analyze the road traffic violation information and accident information of passenger drivers every month, and carry out targeted education and treatment in a timely manner.
Article 23 A passenger transport enterprise shall establish a regular evaluation system for passenger drivers' employment behavior.
The assessment content mainly includes: violations of passenger drivers, traffic accidents, driving violations found by road transport vehicle dynamic monitoring platform and video surveillance system, service quality, safe operation, implementation of safe operation procedures, and participation in education and training. The assessment period should not be more than 3 months.
The results of regular assessment of passenger drivers' employment behavior should be linked to the reward and punishment system of enterprise safety production.
Article 24 A passenger transport enterprise shall establish a passenger driver information file management system. Passenger driver information file implementation of one file, timely update. Passenger driver information files shall include: passenger driver basic information, medical examination form, safe driving information, traffic accident information, traffic violation information, internal rewards and punishments, integrity assessment information, etc.
Article 25 A passenger transport enterprise shall establish a system for the transfer and dismissal of passenger drivers. The passenger transport enterprise finds that the passenger driver has the situation provided for in Article 20 of this code, should be seriously dealt with and transferred from the driving post in time; If the circumstances are serious, the passenger transport enterprise shall be dismissed according to law.
Article 26 A passenger transport enterprise shall establish a safety warning system for passenger drivers. The passenger transport enterprise should appoint a special person or entrust the passenger station to inquire and inform the passenger driver before departure, prevent the passenger driver from driving the vehicle after drinking, with illness, fatigue, with bad mood or taking drugs that affect the safe driving before going to work, and urge the passenger driver to do a good job of daily maintenance and inspection of the vehicle.
27th passenger transport enterprises should be concerned about the physical and mental health of passenger drivers, organize passenger drivers for physical examination every year, found that the passenger driver's physical condition is not suitable to continue to engage in driving work, should be transferred from the driving post in time.
Passenger transport enterprises shall establish a system to prevent passenger drivers from fatigue driving, create a good working environment for passenger drivers, rationally arrange transportation tasks, ensure that passenger drivers land and rest, and prevent passenger drivers from fatigue driving.
Section 2 Management of passenger vehicles
Article 28 A passenger transport enterprise shall establish a management system for the selection of passenger vehicles.
Passenger transport enterprises shall, in accordance with relevant regulations and standards, conduct unified selection, unified body identification, and unified purchase of vehicles that meet the technical requirements of road passenger transport. Encourage passenger transport enterprises to choose safe, energy-saving and environmentally friendly buses.
Passenger transport enterprises shall not use the passenger cars that have reached the scrapping standard, failed to pass the test, illegally assembled (modified) and other vehicles that do not meet the technical conditions for operation safety, and other vehicles that do not meet the State regulations to engage in road passenger transport business.
Article 29 A passenger transport enterprise with 20 (including) or more passenger vehicles shall set up a vehicle technical management organization, equipped with professional vehicle technical management personnel, and provide necessary working conditions. Passenger transport enterprises with less than 20 passenger vehicles shall be equipped with professional vehicle technical management personnel to provide necessary working conditions.
In principle, professional vehicle technical management personnel are equipped with the standard of 1 person per 50 vehicles, and the minimum is not less than 1 person.
Article 30 A passenger transport enterprise shall establish a technical file management system for passenger vehicles. In accordance with the provisions of the establishment of passenger vehicle technical files, the implementation of one car and one gear, to achieve the whole process management of vehicles from purchase to exit the transport market.
The technical archives of passenger vehicles shall include: basic vehicle information, vehicle technical grade assessment, bus type grade assessment or annual type grade assessment review, vehicle maintenance and repair (including the Motor Vehicle Maintenance Completion Factory Certificate), replacement of main vehicle parts, vehicle changes, mileage, traffic accidents that cause damage to the vehicle, etc.
Passenger transport enterprises shall gradually establish passenger vehicle technology information management system, improve the technical management of passenger vehicles.
Article 31 A passenger transport enterprise shall establish a maintenance system for passenger vehicles.
Passenger transport enterprises shall, in accordance with the relevant national standards and vehicle maintenance manuals, operation manuals, etc., combined with the vehicle operating conditions, mileage, road conditions, service life and other factors, scientific and reasonable development of passenger vehicle maintenance plans, to ensure that passenger vehicles in accordance with the relevant regulations, technical specifications and the relevant provisions of the enterprise maintenance.
The daily maintenance of passenger vehicles is carried out by passenger drivers, and the first-level maintenance and second-level maintenance are organized and implemented by passenger transport enterprises in accordance with relevant regulations, and records are made.
Article 32 A passenger transport enterprise shall establish a technical condition inspection system for passenger vehicles.
Passenger transport enterprises shall cooperate with the passenger station to do a good job of vehicle safety inspection, and shall not arrange transport tasks for vehicles that do not carry out safety inspection according to regulations or fail to pass safety inspection.
For passenger vehicles that do not carry out safety inspection at the passenger station, the passenger transport enterprise shall arrange professional and technical personnel to check the technical status of passenger vehicles before or after each day in accordance with relevant regulations. For a transport mission of more than 1 day, the technical condition of the vehicle in transit is checked by the passenger driver.
Passenger transport enterprises should take the initiative to investigate and timely eliminate vehicle safety hazards, monthly check the car seat belt, emergency hammer, fire extinguisher, triangle warning plate and emergency door, emergency window, safety roof window opening device is complete and effective, safety exit channel is smooth, to ensure that passenger vehicle emergency devices and safety facilities in good technical condition.
If passenger transport enterprises are equipped with new energy vehicles, they should establish a special inspection system according to the types and characteristics of new energy vehicles to ensure that the technical condition of the vehicles is good.
Passenger transport enterprises shall not require passenger drivers to drive passenger vehicles with poor technical conditions to engage in transport operations. When passenger drivers are found to be driving passenger vehicles with poor technical conditions, they should take timely measures to correct them.
Article 33 Passenger transport enterprises shall, in accordance with relevant provisions, establish vehicle safety technical condition testing and annual examination and inspection systems. Strictly implement the safety technical condition inspection, comprehensive performance testing and technical rating system of road transport vehicles to ensure that vehicles meet the safety technical conditions. Vehicles that fail to pass the annual inspection or annual inspection within the time limit are prohibited from engaging in road passenger transport business.
Article 34 A passenger transport enterprise shall establish a management system for the modification and scrapping of passenger vehicles.
The modification and scrapping of passenger vehicles shall strictly implement the relevant provisions of the State. Passenger vehicles that meet the national scrapping standards or fail to meet the mandatory requirements of the State shall not continue to engage in passenger transport operations. The passenger transport enterprise shall sell the scrapped vehicle to the motor vehicle recycling enterprise in accordance with the regulations, and handle the vehicle cancellation registration in a timely manner. Materials related to vehicle scrapping should be stored for at least 24 months.
35th passenger transport enterprises shall strengthen the safety management of parked passenger vehicles, clearly parked passenger vehicles safety management responsibility. In principle, passenger transport enterprises should provide or rent parking places for unified management of parked passenger vehicles.
Section 3 Transport organization
Article 36 When applying for line operation, a passenger transport enterprise shall conduct an actual line investigation and place passenger vehicles in accordance with the requirements of the license.
The passenger transport enterprise shall establish an information ledger of traffic conditions, speed limits, climatic conditions, and potentially unsafe sections along each passenger transport line, update the information ledger regularly, and provide it to the passenger driver.
37th passenger transport enterprises in the formulation of transport plans shall strictly comply with the road speed limit requirements, and passenger vehicles (more than 9 seats) at night (from 22 to 6 o 'clock the next day, the same below) shall not exceed the daytime speed limit requirements of 80%, shall not be formulated to cause passenger drivers to complete the transport task as planned will violate the road speed limit requirements of the transport plan.
A passenger transport enterprise shall not require a passenger driver to drive a passenger vehicle over the speed limit. Enterprises should take the initiative to investigate the behavior of passenger drivers speeding passenger vehicles, found that passenger drivers speeding passenger vehicles, enterprises should take timely measures to correct.
38th passenger transport enterprises in the formulation of transport plans should strictly abide by the passenger driver driving time and rest time provisions:
The continuous driving time during the day shall not exceed 4 hours, the continuous driving time at night shall not exceed 2 hours, and the rest time of each stop shall not be less than 20 minutes;
(2) The cumulative driving time shall not exceed 8 hours within 24 hours;
(3) The cumulative driving time in any consecutive 7 days shall not exceed 44 hours, during which the effective landing rest;
(4) It is forbidden to drive passenger vehicles at night to pass the third-grade and below mountain roads that cannot meet the safe passage conditions;
(5) Long-distance passenger vehicles stop running from 2 am to 5 am or carry out connection transport; Passenger vehicles engaged in airports with fixed lines, high-speed rail express lines and short-distance barges and one-way operation mileage within 100 kilometers, on the premise of ensuring safety, are not subject to traffic restrictions from 2 a.m. to 5 a.m.
Passenger transport enterprises shall not require passenger drivers to drive passenger vehicles in violation of regulations such as driving time and rest time. Enterprises should take the initiative to investigate and punish passenger drivers in violation of driving time and rest time and other regulations, and find that passenger drivers in violation of driving time and rest time and other regulations driving passenger vehicles, should take timely measures to correct.
39th passenger transport enterprises shall strictly abide by the requirements of long-distance passenger transport drivers:
(A) one-way mileage of more than 400 kilometers (highway direct passenger transport more than 600 kilometers) passenger vehicles should be equipped with two or more passenger drivers;
(b) The implementation of connection transport, and the connection distance is less than 400 kilometers (highway direct passenger transport is less than 600 kilometers), the passenger vehicle can be equipped with only one driver during the operation of the driver to be changed at the connection point is regarded as the outbound driver.
Article 40 A passenger transport enterprise shall standardize its transport operations.
The bus shall operate in strict accordance with the authorized or registered routes, frequency and stations, and disembark and disembark passengers at the prescribed stopping stations, and shall not arbitrarily board or solicit passengers outside the station. For the road passenger transport lines established by line companies or the implementation of regional business passenger transport enterprises, on the premise of ensuring transport safety, can independently determine the road passenger transport route stations, report to the original licensing department for the record, and announce to the public in advance to facilitate passengers to get on and off.
The passenger vehicle shall not exceed the authorized number of passengers, except for children who are exempted according to the regulations, and when the number of passengers is full, the children who are exempted according to the regulations shall not exceed 10% of the authorized number of passengers.
Passenger vehicles shall not be loaded in violation of regulations, baggage storage area and passenger area to be isolated, shall not be loaded in the baggage storage area, passenger shuttle bus baggage compartment cargo should be implemented in the passenger shuttle baggage compartment cargo transport Code (JT/T 1135).
The chartered passenger bus shall operate according to the agreed time, place of departure, destination and route, with a package ticket or a charter contract, and shall not carry passengers other than those stipulated in the charter contract. Passenger drivers should understand and be familiar with passenger charter routes and road conditions in advance, and drive cautiously.
Article 41 A passenger transport enterprise implementing connection transport shall, in accordance with the provisions, formulate a connection transport safety production management system and a connection transport line operation organization plan, and submit it to the competent transport department, and install video surveillance devices for the connection transport vehicles before carrying out connection transport.
Passenger transport enterprises should formulate the operation organization plan of the connection transport line to avoid driver fatigue driving, and carry out field inspection of the connection point to ensure that the connection point meets the requirements of safety management functions such as parking, driver accommodation, video surveillance and information transmission.
If a passenger transport enterprise directly manages the connection points or enters the connection points operated by the connection transport union or other connection transport enterprises, it shall conduct the connection at the designated connection points and time periods, perform the connection procedures, and establish and improve the connection transport ledger. The storage period of connection transport ledger, traffic bill, vehicle dynamic monitoring information, connection process related image information, etc., shall not be less than 6 months.
Shuttle transport vehicles operating from 2 am to 5 am shall complete the shuttle between 22 am and 2 am. Vehicles that do not complete the connection within this time period shall stop and rest at a place with safe parking conditions from 2 am to 5 am.
Passenger transport enterprises shall strengthen the management of connection transport and the investigation and management of security hazards through dynamic monitoring, video surveillance, connection information record inspection, spot checks and other means, and strictly implement the connection transport process and passenger guidance services; Where violations are found, they shall be corrected immediately.
Article 42 A passenger transport enterprise engaged in chartered passenger transport shall establish a unified management system for chartered passenger transport signs. Passenger transport enterprises shall, in accordance with the provisions of the charter business of passenger vehicles and passenger drivers through the charter passenger transport information management system for audit. After the examination is passed, the passenger transport enterprise can print the chartered passenger transport sign plate and affix the official seal to carry out the relevant chartered passenger transport business. The passenger transport enterprise shall designate a special person to issue a chartered passenger transport sign, the recipient shall sign and register, and return the passenger transport sign in time after the completion of the transport task. Passenger transport enterprises shall not issue blank chartered passenger transport signs.
The fixed line commuter charter can be reviewed regularly according to the contract, and the use of regular (monthly, quarterly, annual) chartered passenger signs shall not exceed 12 months.
Article 43 A passenger transport enterprise engaged in inter-provincial and inter-municipal passenger transport and chartered passenger transport shall establish a passenger driver log system and urge the passenger driver to truthfully fill in the log. The log is shown in Annex 1. Traffic log information shall include: driver's name, vehicle license plate number, starting and ending place and halfway station, vehicle technical condition inspection (vehicle failure, etc.), passenger driver parking and rest, and traffic safety accidents. The storage period of the driving log shall not be less than 6 months.
The safety management personnel of the passenger transport enterprise shall review and check the traffic log filled in by the passenger driver for each trip, and correct the problem in time.
Article 44 When a passenger transport enterprise opens a rural passenger route, it shall comply with the conditions stipulated in the Regulations on Road Passenger Transport and Station Management, and pass the rural passenger route passage condition audit jointly carried out by relevant departments to ensure that the technical conditions, safety facilities, vehicle technical requirements, and speed limit of operation of the rural passenger route through the highway match.
With the consent of the original licensing authority, the rural passenger shuttle bus can be operated in a flexible way such as regional operation, circular operation, and temporary departure points.
Article 45 For inter-city (district) public transit passenger lines, passenger vehicles shall be operated in strict accordance with the approved number of passengers.
Article 46 Passenger transport enterprises providing customized road passenger booking services shall have road passenger transport business qualifications, passenger drivers shall obtain the corresponding qualifications, in principle, the use of 7 seats and more operating buses.
Article 47 The passenger transport enterprise shall establish and effectively implement the safety notification system, and the driver and passenger shall inform the passengers in accordance with the relevant requirements before departure, or broadcast the safety notification, seat belt publicity and other audiovisual materials to the passengers before departure. The driver and passenger shall remind the passenger to fasten the seat belt before departure.
Article 48 A passenger transport enterprise shall sign an entry agreement with the operator of an automobile passenger station to clarify the safety responsibilities of both parties and strictly abide by the safety production provisions of the automobile passenger station.
Section 4 Dynamic monitoring
Article 49 A passenger transport enterprise shall establish a system for the installation, use and maintenance of a satellite positioning device with a driving record function (hereinafter referred to as a satellite positioning device).
Passenger transport enterprises shall install standard-conforming satellite positioning devices for their passenger vehicles in accordance with relevant provisions, and effectively access the standard-conforming road transport vehicle dynamic monitoring platform and the national key operational vehicle network control system.
The passenger transport enterprise shall ensure the normal use of the satellite positioning device, regularly check and timely eliminate the fault of the satellite positioning device, and keep the vehicle online during operation. The passenger vehicle whose satellite positioning device fails and cannot be kept online shall not be arranged by the passenger transport enterprise to undertake the business task of road passenger transport.
The passenger transport enterprise shall, according to law, deal with the malicious personnel who artificially interfere with, shield the signal of the satellite positioning device, destroy the satellite positioning device, and tamper with the data of the satellite positioning device, and if the circumstances are serious, they shall be transferred from the corresponding post.
50th passenger transport enterprises shall establish road transport vehicle dynamic monitoring platform construction, maintenance and management system.
Passenger transport enterprises should build a road transport vehicle dynamic monitoring platform in accordance with the standards, or use a qualified social road transport vehicle dynamic monitoring platform, in the monitoring platform complete and accurate input of the passenger vehicle and driver basic information and other information, and timely update.
Passenger transport enterprises shall ensure the normal use of the dynamic monitoring platform for road transport vehicles, regularly check and timely eliminate the faults existing in the monitoring platform, and keep the vehicle online when running. Passenger transport enterprises shall, in accordance with the relevant laws and regulations and the actual situation of the vehicle driving on the road, set limits for monitoring excessive speed and fatigue driving in the road transport vehicle dynamic monitoring platform, and approve the operation line, region and night driving time.
Article 51 Passenger transport enterprises shall be equipped with full-time road transport vehicle dynamic monitoring personnel and establish a dynamic monitoring personnel management system.
Full-time dynamic monitoring personnel configuration in principle in accordance with the monitoring platform for every 100 vehicles access to the standard equipped with a minimum of not less than 2 people. Monitoring personnel should master the relevant national laws and regulations and policies, familiar with the use of dynamic monitoring systems and statistical analysis of dynamic monitoring data, by the enterprise or entrusted with training capabilities of the institution training, examination after passing the post.
The passenger transport enterprise shall deal with the dynamic monitoring personnel who do not strictly monitor the driving condition of the vehicle in accordance with the law, and those who are serious shall be transferred from the corresponding post.
Article 52 A passenger transport enterprise shall establish a dynamic information processing system for passenger vehicles.
Passenger transport enterprises shall conduct real-time monitoring and management of passenger vehicles and drivers during the operation of passenger vehicles. Dynamic monitoring personnel shall analyze and process the dynamic information of vehicle driving in real time, timely remind the passenger driver to correct illegal behaviors such as speeding and fatigue driving, and record and archive them to the dynamic monitoring ledger; The passenger driver who continues to illegally drive after being reminded should report to the enterprise production safety management agency in time, and the enterprise production safety management agency should take immediate measures to stop it; For those who refuse to implement the measures to stop and still continue to drive illegally, the enterprise shall promptly report to the traffic management department of the public security organ and dismiss the passenger driver afterwards.
Article 53 If a passenger vehicle has a road traffic accident, the passenger transport enterprise shall immediately seal up the dynamic monitoring data of the passenger vehicle after receiving the accident information, cooperate with the accident investigation, and truthfully provide the dynamic monitoring data of the vehicle. Where a vehicle is equipped with a video surveillance device, video data shall also be provided.
Article 54 A passenger transport enterprise shall establish a statistical analysis system for the dynamic information of passenger vehicles.
Passenger transport enterprises shall regularly summarize and analyze the quality of dynamic monitoring data of road transport vehicles and drivers' illegal driving behaviors, and take timely measures to deal with them.
For the passenger drivers who have traffic violations and violation information, the passenger transport enterprises should be dealt with in a timely manner after the fact, and the drivers who have repeatedly violated the law and violations should be the key objects of monitoring and safety training and education. Passenger vehicle dynamic monitoring data should be kept for at least 6 months, and illegal driving information and processing should be kept for at least 36 months.
Encourage passenger transport enterprises to use the dynamic monitoring system of road transport vehicles to carry out statistical analysis of the safe mileage of passenger drivers and carry out safe driving competition activities.
Article 55 Passenger transport enterprises shall use dynamic monitoring means to organize and dispatch passenger vehicles, and timely send major road traffic accident notifications, safety tips, early warning information, etc.
Article 56 Passenger transport enterprises are encouraged to install and use video surveillance devices and other intelligent scientific and technological means on long-distance passenger vehicles and tourist buses to monitor and manage acts such as overcrowding of passenger vehicles, illegal operation of drivers, fatigue driving and illegal use of mobile phones.
Article 57 A passenger transport enterprise may entrust a third-party agency to carry out dynamic monitoring of the passenger vehicles belonging to the enterprise, but the main responsibility of dynamic monitoring of the enterprise will not be changed because of the entrustment.
The passenger transport enterprise shall, in the form of contract agreement with the third party agency, clearly provide the dynamic monitoring information of illegal acts of the passenger vehicle and the passenger driver in real time and accurately by the third party agency. Passenger transport enterprises shall promptly investigate and handle relevant violations of laws and regulations. Passenger transport enterprises shall establish internal dynamic monitoring management ledger according to the monitoring situation provided by third-party agencies.
If a passenger transport enterprise entrusts a third-party agency to carry out dynamic monitoring of its passenger vehicles, the third-party full-time dynamic monitoring personnel shall be regarded as the full-time dynamic monitoring personnel configuration of the enterprise.
Section V Safe production operation rules
Article 58 Passenger transport enterprises shall, according to the characteristics of the post, formulate the safety operation rules and promote the standardization of safety production.
Article 59 A passenger transport enterprise shall formulate operating regulations for passenger drivers. The content of the operating procedures shall include: before leaving, during and after the vehicle's technical condition inspection, before driving to inform the safety of passengers, highway and special sections of driving precautions, driving precautions in bad weather, night driving precautions, emergency driving operating procedures, entering and leaving the passenger station precautions.
Article 60 A passenger transport enterprise shall formulate operation rules for daily inspection and daily maintenance of passenger vehicles. The contents of the operating procedures shall include: tire, brake, steering, suspension, light and signal devices, satellite positioning devices, video monitoring devices, emergency facilities and devices and other safety components inspection requirements and inspection procedures, unqualified vehicle repair and reinspection procedures.
Article 61 A passenger transport enterprise shall formulate operational rules for vehicle dynamic monitoring. The content of the operating procedures shall include: satellite positioning devices, video surveillance devices, dynamic monitoring platform equipment overhaul and maintenance requirements, dynamic monitoring information collection, analysis, processing norms and processes, illegal information statistics, reporting and processing requirements and procedures, dynamic monitoring information preservation requirements and procedures.
Article 62 A passenger transport enterprise with flight attendants shall establish safety operation rules for flight attendants. The contents of the operating procedures shall include: the work specifications of the crew on duty, the requirements for safety inspection during duty, and the submission of relevant information during vehicle driving.
Article 63 A passenger transport enterprise shall, in accordance with the actual needs of safe operation, formulate other relevant safe operation and operation procedures.
Section VI Other safety production systems
Article 64 A passenger transport enterprise shall establish a safety production basic file system to clarify the archiving and consulting of safety production management materials.
Article 65 A passenger transport enterprise shall establish an emergency handling system for production safety accidents. After the occurrence of a production safety accident, the passenger transport enterprise shall immediately take effective measures to organize rescue, prevent the expansion of the accident, reduce casualties and property losses.
For production safety accidents occurring in the process of passenger transport, passenger drivers and flight attendants shall promptly report to the public security department at the place of the incident and the affiliated passenger transport enterprise, and promptly deal with the accident in accordance with the emergency handling procedures of the enterprise. The passenger transport enterprise shall, in accordance with the prescribed time, procedure and content, report the accident to the emergency management, public security, transportation and other relevant departments at or above the county level where the accident occurs and where the enterprise belongs, and initiate the emergency response plan for production safety accidents.
Passenger transport enterprises should regularly count and analyze production safety accidents, summarize the characteristics and causes of accidents, and put forward targeted accident prevention measures.
Article 66 A passenger transport enterprise shall establish a backward inspection system for responsibility for production safety accidents. In accordance with the principles of "not letting the cause of the accident be ascertained, not letting those responsible for the accident be dealt with, not letting the rectification measures be implemented, and not letting the lessons be learned", the relevant responsible persons shall be dealt with seriously.
Passenger transport enterprises should seriously learn lessons from the accident, implement prevention and rectification measures to prevent accidents from happening again.
The passenger transport enterprise and its employees that have a production safety accident shall actively cooperate with the relevant administrative departments in the investigation and handling of production safety accidents according to law, and provide necessary convenient conditions. No enterprise or individual may obstruct or interfere with accident reporting and investigation and handling according to law.
Article 67 A passenger transport enterprise shall establish an emergency rescue system. We will improve the emergency rescue organization system, formulate and improve emergency rescue plans, and carry out emergency rescue drills.
Article 68 A passenger transport enterprise shall establish a safety production publicity and education system. Popularize safety knowledge, strengthen employees' safe production operation skills, and improve employees' safe production ability.
The passenger transport enterprise shall be equipped with and improve the facilities and equipment for carrying out safety publicity and education activities, and regularly update the content of publicity and education. Safety promotion, education and training shall be recorded and documented for a period of not less than 36 months.
Article 69 A passenger transport enterprise shall establish and improve a social supervision mechanism for production safety.
The passenger transport enterprise shall clearly mark the license plate number of the passenger vehicle, the number of approved passengers and the number of complaints and reports in an obvious position in the car, and the bus engaged in shuttle passenger transport shall also mark the driving range and route of the passenger vehicle in an obvious position in the car, and the approved or registered stopping station to facilitate the supervision of passengers.
The passenger transport enterprise shall disclose the telephone number, correspondence address or E-mail address of the report, improve the report system, and give full play to the supervisory role of passengers, news media and all sectors of society. Passenger transport enterprises are encouraged to make complaints and reports through wechat, Weibo, QR code, smart phone applications and other means. The passenger transport enterprise shall promptly investigate and deal with the reports and complaints received.
Article 70 A passenger transport enterprise shall establish other systems necessary for its own production safety management.
The fifth chapter security hidden danger investigation and management and risk control
71st passenger transport enterprises shall establish a hidden danger investigation and management system, in accordance with relevant laws and regulations and the management regulations of the enterprise, passenger vehicles, passenger drivers, transport lines, operation process and other safety production factors and links of safety hazards investigation, timely elimination of safety hazards.
Article 72 Passenger transport enterprises shall, according to the needs and characteristics of safety production, adopt comprehensive inspection, professional inspection, seasonal inspection, holiday inspection, daily inspection and other methods, at least once a month to carry out safety hazards investigation, timely detection and elimination of safety hazards, and strengthen the closed-loop management and dynamic management of safety hazards.
Article 73 Passenger transport enterprises shall register and manage the safety hazards identified, implement rectification measures, responsible persons and completion time limits, and eliminate safety hazards in a timely manner.
For the safety hazards that can be rectified immediately, the passenger transport enterprise shall organize rectification immediately; For the safety hazards that cannot be rectified immediately, the passenger transport enterprise shall organize the development of a safety hazard management plan and make rectification in time according to the plan; For the safety risks that cannot be solved by itself, the passenger transport enterprise shall immediately report to the relevant departments and make rectification in accordance with the relevant regulations.
Article 74 A passenger transport enterprise shall establish a safety hazard investigation and management file, which shall include: The date of hidden danger investigation and management, the specific location or place of hidden danger investigation, the number, type and specific situation of found security hazards, opinions on security hazards management, personnel participating in hidden danger investigation and management and their signatures, security hazards management situation, review situation, review time, review personnel and their signatures, etc. The storage period of security risk investigation and management files shall be not less than 36 months.
Article 75 Passenger transport enterprises should conduct monthly statistics on the investigation and management of safety hazards in their units, analyze the causes, characteristics and laws of the formation of hidden hazards, conduct in-depth analysis of multiple and general safety hazards, and establish a long-term mechanism for the investigation and management of safety hazards.
Article 76 Passenger transport enterprises shall establish a safety risk reporting system, encourage enterprises to establish a reward reporting mechanism, mobilize employees to find and eliminate safety risks, and encourage the public to report.
Article 77 The passenger transport enterprise shall actively cooperate with the supervision and inspection personnel of the relevant departments to carry out supervision and inspection of safety hazards according to law, and shall not refuse or obstruct. The accidents and illegal problems notified by the relevant departments shall be rectified in a timely manner.
Article 78 Passenger transport enterprises shall actively implement the safety production risk management system in accordance with the requirements of relevant laws and regulations, timely carry out the identification and assessment of safety production risk sources, and do a good job in risk control.
Passenger transport enterprises shall pay attention to the weather conditions and road traffic conditions of the operation of passenger transport lines every day, in case of fog, ice, rain and snow, natural disasters, etc., can not reach the safe passage conditions of vehicles, shall suspend or adjust passenger transport lines according to relevant provisions.
Chapter VI safety production performance management
Article 79 Passenger transport enterprises shall formulate annual safety production performance targets in accordance with relevant laws and regulations, requirements of management departments and their own actual conditions. Production safety performance objectives shall include: the number of road traffic accidents, deaths, injuries, millions of vehicle kilometers of accidents, millions of vehicle kilometers of casualties, the number of safe driving kilometers.
80th passenger transport enterprises should establish safety production annual assessment and reward and punishment system. According to the annual target, conduct safety performance assessment for all departments and staff of all positions, and report the assessment results.
According to the results of the year-end assessment of safety production, the passenger transport enterprise will give certain rewards and punishments to the staff of the relevant departments and positions of safety production. The safe and civilized drivers who have no accidents, no traffic violation records and no passenger complaints throughout the year will be commended and rewarded.
Article 81 Passenger transport enterprises shall establish an internal evaluation mechanism for production safety and carry out at least one internal evaluation for production safety every year. The evaluation content shall include: safety production objectives, safety production responsibility system, safety investment, safety education and training, employee management, passenger vehicle management, production safety supervision and inspection, emergency response and rescue, accident handling and statistical reports and other safety production system suitability, adequacy and effectiveness.
Passenger transport enterprises can hire third-party organizations to evaluate the safety of the enterprise, and according to the evaluation results, timely revision and improvement of safety production system, continuous improvement and enhancement of safety management level.
Chapter VII Supplementary Provisions
Article 82 This Code shall come into force as of June 1, 2018. On January 19, 2012, the former Ministry of Transport, Ministry of Public Security, the State Administration of Work Safety issued the "Road passenger transport enterprise safety management standards (Trial)" repealed at the same time.
This specification is valid for 5 years.