Some time ago, the Guilin Lingchuan County Transportation Bureau and the Lingchuan County Transportation Service Center were complained by local enterprises, saying that these two departments required the passenger and freight operation vehicles within the jurisdiction to use the intelligent video surveillance devices of the designated company, and at the same time required the freight enterprises to go to the designated two repair factories for vehicle secondary maintenance work, otherwise the annual review of the vehicle operation certificate could not be passed.
On September 16, the Autonomous Region's Market Supervision Bureau said that the above two departments abused their administrative power to limit the choice of transport enterprises, violating the relevant provisions of the Anti-Monopoly Law, and had filed a case to investigate and put forward rectification requirements. Subsequently, the two departments promised to refund the 260,000 yuan of overcharging that was initially cleared out of the platform by September 30.
Lingchuan County Transportation Bureau.
Enterprise: Trucks are designated to install video equipment
Mr. Li is the head of a transportation company in Lingchuan County, Guilin City, which has dozens of various freight vehicles. According to the relevant national requirements, some road transport operating vehicles need to install GPS positioning system and vehicle video surveillance system. The main function of the system is to record driving trajectory and prompt speeding and fatigue driving. Over the years, he has selected a qualified equipment service provider in accordance with the relevant requirements to install the relevant system, and in the annual approval of the operating certificate, the company's vehicles can pass the customs clearance.
However, at the end of 2019, the transportation department of Lingchuan County issued a notice requiring the transportation enterprises in the jurisdiction to designate the installation of the GPS positioning system and vehicle video surveillance system provided by Guilin Daoan Electronic Technology Co., Ltd. (hereinafter referred to as Daoan Company), "If the installation is a product of other companies, it will be charged a service fee of 120 yuan / car every year, otherwise the approval of the vehicle operation certificate will not pass." ”
A notification letter issued by Daoan Company to the enterprise.
Mr. Li said that in order to operate normally, most of the freight companies that did not use Daoan's products paid service fees. However, in late May this year, Daoan Company issued a "Notice Letter on Adjusting the GPS Service Fee for New Access Vehicles" to freight companies, saying that due to the significant increase in operating costs, the GPS service fee for newly connected vehicles has risen to 300 yuan per year from June 1.
"In addition to designating equipment service providers, the transportation department also designated companies that carry out secondary maintenance of vehicles and driver safety learning, which added nearly a thousand yuan to the cost of each vehicle." Mr. Li said that many freight companies are quite dissatisfied with this, and they have reported to many local departments, but they have not received a positive response.
Equipment vendors: Designated services are suspected of abusing administrative power
Mr. Wang, a positioning system equipment service provider in Guangxi, has been cooperating with enterprises in Guilin for many years, "except for Lingchuan, no other place has specified which company's products to use." ”
Mr. Wang told the South China Morning Post client reporter that on December 2, 2014, the Autonomous Region Road Transport Administration issued the "Guangxi Road Transport Satellite Positioning System Management Measures (Trial)", which clarified the installation standards of road transport vehicles in Guangxi on the positioning system, and published several batches of positioning system platform companies in the region that meet the installation conditions, and his company is also one of them. For companies in the catalog, the transport company only needs to choose any one of the installation equipment to meet the standard.
It is understood that the transportation departments of the autonomous region and Guilin City have issued notices requiring that "each county (district) transportation management office shall not directly or covertly designate satellite positioning device manufacturers and products for road transport operators, shall not require enterprise transport vehicles to repeatedly install satellite positioning devices, and shall not designate (or disguise designate) socialized satellite positioning system monitoring platforms through administrative means." ”
The transportation of Lingchuan County is required for enterprises to connect with the Daoan company platform.
Mr. Wang said that some freight companies and equipment service providers reported this to the Lingchuan County Transportation Department, but the other party said that the introduction of Daoan Company as a third-party platform was through public bidding, with the purpose of "managing the freight vehicles in place". Transport companies can also use other equipment service provider platforms in the catalog, but the data is eventually imported into Daoan's platform, "as a standard for certification." ”
"If you use the products and platforms of other companies, you have to pay a service fee, so the freight companies can only choose the designated Daoan company, which is unfair to other companies in the directory." Mr. Wang said that all companies that enter the directory are qualified, and if the transportation department designates a certain company to provide services, it is suspected of abusing administrative power to interfere in the market economy and provide help for a company to achieve industry monopoly.
The relevant notification requirements shall not designate the manufacturer and product of the satellite positioning device.
Department: File a case to investigate and interview, and promise to refund the fees charged
According to the relevant staff of the Autonomous Region Market Supervision Bureau, the Guilin market supervision department communicated and coordinated with the Lingchuan County Transportation Bureau and the Lingchuan County Transportation Service Center after receiving the tip-off clues, and asked the other party to rectify, "but it was still not in place."
Subsequently, the Autonomous Region Market Supervision Bureau filed a case against the Lingchuan County Transportation Bureau and the Lingchuan County Transportation Service Center for suspected abuse of administrative power to eliminate or restrict competition. After investigation, the actions of the two departments limited the right of choice of transport enterprises, and were suspected of violating article 32 of the Anti-Monopoly Law of the People's Republic of China, which stipulates that "administrative organs and organizations authorized by laws and regulations with the function of managing public affairs shall not abuse their administrative power to restrict or covertly restrict units or individuals from operating, purchasing, or using commodities provided by their designated business operators", which seriously damaged the interests of transport enterprises.
In early September, the Autonomous Region Market Supervision Bureau interviewed the above two departments and put forward specific rectification requirements. In this regard, the two departments promised to refund the overcharging of more than 260,000 yuan for the initially cleared platform before September 30, and restore the fair competition order in the county's transportation market as soon as possible.
"If the rectification is not in place, we will issue an administrative proposal in the next step." The staff member said that the Autonomous Region Market Supervision Bureau will pay close attention to the implementation of rectification.
On September 18, Mr. Li told reporters that his company had received the "service fee" that had been charged before.
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