Introduction
A few days ago, the Beijing Municipal Transportation Commission publicized three documents including the "Beijing Municipal Transportation Administrative Punishment Discretion Standards" (draft for comments), which refined the punishment standards for violations in the field of transportation, revised the "administrative punishment discretion standards" and "first violation exemption" list, and added 54 minor and first-time violations to be exempted from punishment. In the list of "first offenses exempted from fines", many contents are related to the taxi and online car-hailing industries. For example, if the online car-hailing platform ignores the "complaints" of passengers, the driver fails to be civilized and polite, and the cruise taxi driver does not "hit the meter" incorrectly, those who meet the conditions can be exempted from punishment for the first violation. However, detours, refusal to carry and other behaviors are still "serious violations", and a maximum fine of 2,000 yuan can be imposed.
Where mitigating circumstances are met, a lower punishment may be imposed
According to the official website of the "Window of the Capital", a few days ago, the Beijing Municipal Transportation Commission publicized the "Beijing Transportation Administrative Punishment Discretion Benchmark" (Draft for Comments), "Beijing Transportation Administrative Punishment Discretion Benchmark Table" (Draft for Comments) and "Beijing Transportation Minor and First Violation Penalty Exemption Penalty List" (Draft for Comments) and other three documents (hereinafter referred to as the "Discretionary Benchmark", "Discretionary Benchmark Table" and "Exemption List") for public comment.
In the "Discretionary Standards", all kinds of illegal acts are divided into three basic discretionary files according to the social harmfulness of A, B, and C. Among them: "the illegal act itself is seriously harmful to society" corresponds to file A, "the illegal act itself is generally harmful to society" corresponds to file B, and "the illegal act itself is slightly harmful to society" corresponds to file C. At the same time, the basic discretionary order is divided according to the different circumstances of the violation, and different punishment standards are implemented according to the circumstances.
For example, if an online taxi driver violates Article 40, Paragraph 1 (9) of the "Regulations on the Administration of Taxi Driver Qualifications" and charges fees in violation of regulations, his behavior belongs to the basic discretion A file.
According to the provisions of Article 42 of the "Provisions on the Administration of Taxi Driver Qualifications", the discretionary range of the above-mentioned illegal acts is "to order corrections and impose a fine of not less than 200 yuan but not more than 2,000 yuan", which is divided into four basic discretionary orders according to different illegal circumstances: "fine of 200 yuan to 500 yuan", "fine of 500 yuan to 1,000 yuan", "fine of 1,000 yuan to 1,500 yuan" and "fine of 1,500 yuan to 2,000 yuan".
The "Discretionary Benchmark Table" is a further refinement, and for each violation, the specific circumstances of the violation are separated, corresponding to different punishment standards. At the same time, in terms of punishment standards, there are two aspects, namely "legal provisions" and "discretionary standards".
In most cases, the "discretionary basis" is lower than the penalty amount provided for in the "regulations".
For example, a cruise taxi driver who smokes in operation can be fined up to 2,000 yuan according to the Beijing Taxi Management Regulations, while the maximum penalty for this behavior is reduced to 500 yuan under the "discretionary basis".
In addition, the upper limit of the penalty standard for "untidy clothing" such as shaving heads, serious body odor, and beard growth during operation of online taxi drivers has also been lowered from 2,000 yuan to 500 yuan.
The Beijing Municipal Transportation Commission stated in the "Preparation Instructions" of the "Discretionary Benchmark Table" that if it is a circumstance that should or can be punished lightly as stipulated in the "Administrative Punishment Law of the People's Republic of China", it shall or can be punished lower than the discretionary order specified in this benchmark or in accordance with the lower limit within the prescribed discretionary order; Where social order causes harmful consequences or a relatively large negative social impact, punishments may be imposed higher than the discretionary order provided for in these Benchmarks or in accordance with the upper limit of the punishment range provided for in laws and regulations provided for in these Benchmarks.
Ignore the service quality problems raised by passengers, and those who meet the conditions can be "exempted from punishment for the first violation"
The explanation for the compilation of the "Exemption List" indicates that no administrative punishment will be given to minor violations and first-time violations that are included in the scope of the list and meet the applicable conditions. For example, some illegal acts of "cruising and online taxi reservation operators" will not be punished by the relevant departments if they meet the conditions in the future.
For example, in accordance with the provisions of the "Beijing Taxi Management Regulations", the illegal act of "failing to deal with or ignoring the service quality problems raised by passengers and users in a timely manner" will be given a warning and a fine of 200 yuan to 2,000 yuan, and if the circumstances are serious, a fine of 2,000 yuan to 20,000 yuan will be imposed, and a suspension of business for 3 to 7 days may be ordered.
However, in accordance with the provisions of the "List of Punishments for Exemption from Punishment", if the relevant requirements are met, administrative punishment may not be given, and only warnings and guidance interviews may be given.
Specifically, the following six items need to be met:
Committing illegal acts for the first time; During the investigation of illegal acts, there is no obstruction of the performance of official duties such as refusing to accept the investigation and handling of law enforcement departments, obstructing law enforcement, inciting and resisting law enforcement, etc.; Commitment to make timely corrections and promptly deal with service quality problems raised by passengers and users; Obtaining the understanding of passengers and users; No harmful consequences such as negative media reports; Voluntarily making a commitment to abide by the law and be in good faith.
In addition, some service quality problems that can occur in the daily operation of cruise and online taxi drivers have also been included in the list of "first violation and exemption from fines". For example, if the clothing is not tidy, the service is not standardized, the civility and politeness are not done, the vehicle is not kept clean or the appearance of the car does not meet the requirements, etc., in accordance with the requirements of the "Beijing Taxi Management Regulations", a warning should be imposed and a fine of 100 yuan to 1000 yuan, if the circumstances are serious, a fine of 1000 yuan to 2000 yuan can also be imposed. For the above problems, those who meet the relevant conditions can also be exempted from administrative punishment, and only persuade and educate the driver and demonstrate persuasion. The illegal acts that are also included in the "first violation and exemption from punishment" and are only subject to "persuasion and education" also include: "cruising taxi drivers using taximeters incorrectly", "online taxi drivers violating regulations to cruise and solicit passengers, waiting for passengers at stations" and other behaviors, but whether they can be exempted from administrative punishment still need to meet a number of conditions, mainly involving corrective attitudes, whether to obtain understanding, etc.
Detour, refusal of boarding
Still a "serious violation"
However, not all violations of the law are subject to relaxation of punishment standards, and the "Discretionary Benchmark Table" lists the "detour" and "refusal to ride" of drivers of cruising and online taxis as "serious violations", and imposes different standards of punishment according to the severity of the circumstances. For example, if a taxi displays an empty waiting to be rented sign and fails to carry passengers after learning of its whereabouts, it will be fined between 1,000 and 1,500 yuan, and if a taxi displays a stop sign to solicit passengers, and if it fails to carry passengers after learning its whereabouts, it will be fined between 1,500 and 1,800 yuan. At a time when online taxi hailing has become very common, there are still some elderly and disabled people who book a car by calling a car. According to the "Discretionary Benchmark Table", if you fail to perform the agreement after accepting the cruising taxi call, if the circumstances are serious, you can be fined 1,800 yuan to 2,000 yuan. In addition, if the driver of a cruise or online taxi fails to follow the best route or deliberately detours, resulting in an overcharge of more than 50 yuan, he can also be fined 1,500 yuan to 2,000 yuan. The Beijing Municipal Transportation Commission stated in the drafting instructions of the "Discretionary Benchmark", "Discretionary Benchmark Table" and "Exemption List" that the revision is to strengthen the law enforcement and inspection of production safety in the field of transportation, and dynamically adjust the discretionary benchmark for administrative punishment according to the law, regulation and abolition of the management laws and regulations of the transportation industry, so as to ensure that the application of administrative punishment law is accurate and the punishment discretion is appropriate. The "Exemption List" adheres to the people-centered approach and highlights the combination of punishment and education. The purpose of the revision is to make the setting of exemption matters more scientific, the implementation more standardized, the measures more abundant, and the supervision more effective, adhere to the principle of leniency and leniency, and strive to make enterprises and the public feel fairness and justice from every law enforcement decision.
(Please indicate that this article is from Beijing Traffic Broadcasting and the information of the authors such as reporters and editors)
Content Sources:
Editor: Liu Huiming
Editor-in-Chief on duty: Che Shui
Producer: Zhao Peng
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