Motor vehicle maintenance regulations
(on 24 june 2005, the ministry of transport issued the first amendment pursuant to the decision of the ministry of transport of 8 august 2015 to amend the regulation on maintenance of motor vehicles, pursuant to the decision of the ministry of transport of 19 april 2016 to amend the regulation on maintenance of motor vehicles, pursuant to the decision of the ministry of transport of 21 june 2019 to amend the regulation on maintenance of motor vehicles, pursuant to the decision of the ministry of transport of 11 august 2021 to amend the regulation on maintenance of motor vehicles, pursuant to the decision of the ministry of transport of 10 november 2023 to amend the regulation on maintenance of motor vehicles, the fifth amendment pursuant to the decision of the ministry of transport of 10 november 2023)
Chapter i general provisions
In order to regulate the operation of motor vehicle maintenance operations, to maintain market order for motor vehicle maintenance, to protect the legitimate rights and interests of all parties involved in motor vehicle maintenance, to guarantee the safety of motor vehicle operation, to protect the environment, to conserve energy and to promote the healthy development of the motor vehicle maintenance industry, this provision is made in accordance with the regulations of the people's republic of china on road transport and the provisions of relevant laws and administrative regulations。
Article 2. This provision shall be observed when engaged in motor vehicle repair operations。
For the purposes of this provision, motor vehicle repair operations are those related to the maintenance, repair and rescue of motor vehicles by maintaining or restoring their technical condition and normal functioning and by extending their useful life。
Article iii. Motor vehicle repair operators should operate in accordance with the law, be honest, be fair to competition, have quality services, and have primary responsibility for safe production and quality maintenance。
Article 4. The management of motor vehicle maintenance shall be fair, impartial, open and accessible。
No unit or individual may block or monopolize the market for motor vehicle maintenance。
The tutor has the right to choose the maintenance operator for the maintenance. No unit or individual may make the appointment of an operator compulsory or disguised, except for the responsibility of car manufacturers for the recall of defective car products and “three packages” of car quality。
Encouraging motor vehicle repair enterprises to become intensive, specialized and chained, and promoting rational division of labour and coordinated development of the motor vehicle maintenance industry。
To encourage the application of environmentally friendly, energy-efficient, non-dissolved detection and failure diagnosis techniques for motor vehicle maintenance, to promote industrial information-building and networking of rescue and maintenance services, and to improve the overall quality of the motor vehicle maintenance industry to meet social needs。
Motor vehicle repair enterprises are encouraged to prioritize personnel with national professional qualifications for motor vehicle testing and maintenance, and to enhance technical training to enhance the quality of their practitioners。
Article 6 the ministry of transport and communications is responsible for national motor vehicle maintenance management。
The transport authority of the local people's governments above county level (hereinafter referred to as the transport authority) is responsible for the management of motor vehicle maintenance in the region。
Chapter ii. Business record
Article 7. Persons engaged in motor vehicle repair operations shall file with the local district transport authority after the relevant registration procedures have been processed by the market supervisory authority in accordance with the law。
The competent transport authorities shall carry out motor vehicle maintenance operations in accordance with the regulations of the people's republic of china on road transport and this provision. Transport authorities may not charge motor vehicle maintenance operators for filing fees。
Article 8 motor vehicle maintenance operations are recorded by classification according to the type of vehicle maintained, service capacity and operating project。
Motor vehicle maintenance operations are divided into four categories of motor vehicle maintenance operations, vehicle transport vehicle maintenance operations, motorcycle maintenance operations and other motor vehicle maintenance operations, according to the target audience。
Automobile maintenance operations, other motor vehicle maintenance operations are classified into one type of maintenance operation, two types of maintenance operation and three types of maintenance operation, depending on the operational project and service capacity。
Motorcycle maintenance operations are divided into one type of maintenance operation and two types of maintenance operation, based on operational projects and service capacity。
Article 9. Category i, category ii vehicle maintenance operations or other motor vehicle repair operations may be performed for vehicle type repairs, total repairs, vehicle maintenance, minor repairs, maintenance rescues, specialized repairs and repair completion tests; category iii vehicle maintenance operations (including general car repairs) and three other motor vehicle repair operations may be performed for vehicle repair or motor repair, body repair, electrical system maintenance, maintenance of automatic transformers, tyre kinetic balance and repair, four-wheel positioning adjustments, vehicle lubrication and maintenance, oil pumps and jets repair, warp grinding, gas cylinder grinding, heaters repair, air conditioning, car wear, car glass installation and repair. The projects in question are carried out in accordance with the provisions of the conditions for the establishment of the automobile maintenance industry (gb/t 16739)。
Article x. Motorcycle maintenance operations may be carried out in the form of motorcycle repairs, total repairs, car repair maintenance, minor repairs, specialized repairs and completed inspections, and in the form of motorcycle maintenance, minor repairs and specialized repairs。
Article 11: the operation of vehicle maintenance operations for the transport of dangerous goods may include, in addition to the operation of vehicle maintenance operations for the transport of dangerous goods, a type of vehicle maintenance operation。
Article 12. A vehicle repair operation or other motor vehicle repair operation shall meet the following conditions:
(i) garage and production plants for repair vehicles that are appropriate for their operations. The rented premises shall be subject to a written lease for a period of not less than one year. The area of parking and production plant is implemented in accordance with the relevant provisions of the national standards, conditions for the establishment of the car maintenance industry (gb/t 16739)。
(ii) have equipment and facilities appropriate for its business. The metering equipment should be equipped to meet the requirements of the relevant national technical standards and be qualified by a statutory authority. Specific requirements for equipment and facilities engaged in motor vehicle repair operations are implemented in accordance with the relevant provisions of the national standards, conditions for the establishment of the automobile maintenance industry (gb/t 16739); equipment and facilities engaged in other motor vehicle repair operations are implemented in accordance with the national standards, conditions for the operation of the automobile maintenance industry (gb/t 16739), provided that the facilities and equipment are equipped in a manner appropriate to their maintenance pattern。
(iii) the necessary technical staff:
1. At least one technical officer, quality examiner, business receptionist and maintenance technician for mechanics, electrical appliances, gold and paint shall be assigned to the first and second types of maintenance operations. Technically responsible personnel shall be familiar with motor vehicles or other motor vehicle maintenance operations and shall have knowledge of vehicle or other motor vehicle maintenance and related policy regulations and technical specifications; quality examiners shall be familiar with the operational specifications for vehicle or other motor vehicle maintenance tests, appropriate techniques for the diagnosis and quality testing of vehicle or other motor vehicle maintenance failure, rates for vehicle or other motor vehicle maintenance services and related policy regulations and technical regulations, as well as a motor vehicle driver's licence appropriate to the type of vehicle repairer; maintenance technicians engaged in mechanics, appliances, gold or paint should be familiar with the technical and operational specifications of the work performed, as well as with vehicle or other motor vehicle maintenance and related policy regulations. The requirements for all types of technicians are implemented in accordance with the provisions of the conditions for the establishment of the automobile maintenance industry (gb/t 16739)。
2. For each of the three types of maintenance operation, each shall be provided with the appropriate mechanics for mechanics, electrical appliances, gold and paint; and for motor complex minor repairs, engine maintenance, body maintenance, electrical system maintenance, automatic transmission maintenance, technical personnel and quality inspection personnel. The requirements for all categories of skilled personnel are implemented in accordance with the provisions of the national standard, conditions for the establishment of the automobile maintenance industry (gb/t 16739)。
(iv) a sound maintenance management system exists. These include the quality management system, the safe production management system, the vehicle maintenance archive management system, the personnel training system, the equipment management system and the spare parts management system. Specific requirements are to be implemented in accordance with the provisions of the relevant article of the national standard " conditions for the establishment of the car maintenance industry " (gb/t 16739)。
(v) necessary environmental protection measures. Specific requirements are to be implemented in accordance with the provisions of the relevant article of the national standard " conditions for the establishment of the car maintenance industry " (gb/t 16739)。
Article 13. Vehicle maintenance operators engaged in the maintenance of vehicles carrying dangerous goods shall, in addition to the following conditions, be required to perform maintenance operations such as car maintenance operations:
(i) specialized workshops and equipment, facilities appropriate to their operational content, with clear indicative markings
(ii) there is a well-established contingency plan for emergencies, which includes reporting procedures, emergency command and disposal measures
(iii) have appropriate security managers
(iv) have full safety protocols。
For the purposes of this provision, the maintenance of dangerous goods vehicle means motor vehicle maintenance for the transport of goods of a flammable, explosive, corrosive, radioactive and highly toxic nature, and does not include the maintenance of tanks for dangerous goods vehicle。
Article 14. A motorcycle repair operation shall meet the following conditions:
(i) motorcycle garages and production plants appropriate for their operations. The rented premises shall be subject to a written lease contract for a period of not less than one year. The area of parking and production plants is implemented in accordance with the provisions of the national standard, conditions for the operation of motorcycle maintenance (gb/t 18189)。
(ii) have equipment and facilities appropriate for its business. The metering equipment should be equipped to meet the requirements of the relevant national technical standards and be qualified by a statutory authority. Specific requirements are implemented in accordance with the provisions of the relevant article of the national standard " conditions for the operation of the motorcycle maintenance industry " (gb/t 18189)。
(iii) the necessary technical staff:
1. At least one quality tester shall be engaged in a type of maintenance operation. Quality examiners should be familiar with the operational specifications for various motorcycle maintenance tests, relevant techniques for diagnosis and quality testing of motorcycle maintenance failure, rates for motorcycle maintenance services and relevant policy regulations and technical regulations。
2. Each of its operations shall be staffed by mechanics, electric appliances, gold and paint maintenance technicians. Mechanical, electrical, gold and painted maintenance technicians should be familiar with the maintenance techniques and operational specifications of the work performed, as well as with motorcycle maintenance and related policy regulations。
(iv) a sound maintenance management system exists. These include the quality management system, the safe production management system, the motorcycle maintenance archive management system, the personnel training system, the equipment management system and the spare parts management system. Specific requirements are implemented in accordance with the provisions of the relevant article of the national standard " conditions for the operation of the motorcycle maintenance industry " (gb/t 18189)。
(v) necessary environmental protection measures. Specific requirements are implemented in accordance with the provisions of the relevant article of the national standard " conditions for the operation of the motorcycle maintenance industry " (gb/t 18189)。
Article 15: persons engaged in motor vehicle repair operations shall file a file with the district transport authority in the place where they are located, submit the motor vehicle maintenance operation registry (see annex 1) and attach the following materials, which meet the conditions set out in articles 12, 13 and 14 of this article, in order to ensure their integrity:
(i) a copy of the maintenance operator's licence
(ii) related materials such as premises (including production plants and business reception rooms), parking area materials, land tenure and certificates of title
(iii) a matrix of technical staff, as well as related materials such as the academic qualifications, technical titles or professional qualifications of the persons concerned
(iv) maintenance of equipment facility matrices, maintenance of related materials such as testing equipment and certification of metrology equipment
(v) related materials, such as maintenance management systems
(vi) related materials such as environmental protection measures。
Article 16. The headquarters of the motor vehicle repair chain, which is a motor vehicle repair chain service, shall complete the filing。
The network of motor vehicle maintenance chains can be filed by the headquarters of the motor vehicle repair chain to the district transport authority where the network is located, with the following materials attached and the corresponding legal liability for their authenticity:
(i) a copy of the chain of business agreement
(ii) operating standards and management manual for chain operations
(iii) a letter of commitment to connect service points to the conditions for motor vehicle repair operations。
The filing project for the chain of services should be within the scope of the motor vehicle repair chain operation headquarters filing project。
Article 17 the competent transport authority shall, upon receipt of the filed material, record and file the file number if the material is complete and meets the filing requirements; if the material is incomplete or does not meet the filing requirements, it shall be present or a one-time written notification to the filing person, within five days of receipt of the filed material, of the full content required。
Article 18. Any change in the name, legal representative, scope of operation, address, etc. Of the record of the motor vehicle repair operator shall be filed with the original registered transport authority。
Where a motor vehicle repair operator is required to terminate operations, the original filing authority should be informed on 30 days prior to termination。
Article 19 the transport authorities should publish and update the list of registered motor vehicle maintenance operators to the community in a timely manner to facilitate social access and monitoring。
Chapter iii maintenance operations
Article 20. Motor vehicle repair operators shall carry out maintenance services in accordance with the scope of the registered operation。
Article 21 motor vehicle maintenance operators should hang the motor vehicle maintenance markboard (see annex 2) in a prominent position at the place of operation。
Motor vehicle maintenance signs are prepared by the motor vehicle repair operator in accordance with the uniform pattern and requirements。
Article 22 -- motor vehicle repair operators may not modify motor vehicles without their permission, carry out repairs to vehicles that have become obsolete or assemble motor vehicles with accessories。
In order to change the color of the motor vehicle and replace the engine, body and frame, the procedures should be followed in accordance with the relevant laws and regulations, and the motor vehicle repair operator should examine the procedures。
Article 23 -- motor vehicle repair operators should strengthen safety and professional ethics education for practitioners and ensure safe production。
Motor vehicle maintenance practitioners should implement safe production protocols for motor vehicle maintenance and should not operate in violation of regulations。
Article 24 waste arising from motor vehicle repairs shall be treated in accordance with the relevant national regulations。
Article 25: motor vehicle repair operators shall publish the hourly rates and rates for motor vehicle repairers, with reasonable charges。
The hourly quota for motor vehicle repairers may be applied in accordance with criteria set by industry intermediaries, such as the provincial motor vehicle maintenance associations, as well as by the transport authorities of the place in which the motor vehicle repair operators report, or by the standards published by motor vehicle producers. Where the above criteria are inconsistent, the standards for filing by motor vehicle maintenance operators are given priority。
Motor vehicle repair operators should file with the local transport authorities the standard hourly rates for motor vehicle maintenance performed。
Motor vehicle producers and importers shall, within six months of the introduction of the new vehicle into the market, publish to the community information on the maintenance techniques and working hours of their production, import of motor vehicle types. Specific requirements are implemented in accordance with the requirements for public information on vehicle maintenance technologies by the relevant state authorities。
Article 26: motor vehicle repair operators should use the required clearing instruments and deliver the repair clearance list to the entrustor as the basis of liability. In the maintenance settlement list, the working hours and materials costs should be calculated separately. The maintenance settlement list should meet the relevant standard requirements of the ministry of transport, and the maintenance settlement list should include, inter alia, information on the entrustor, information on the contractor, and a list of maintenance costs。
If the motor vehicle repair operator does not produce the required settlement notes and checklists, the provider is entitled to refuse to pay the fees。
Article 27 -- motor vehicle repair operators shall, as required, communicate statistical information to the transport authorities。
Transport authorities should maintain commercial confidentiality for motor vehicle repair operators。
Article 28 the headquarters of a motor vehicle repair chain shall establish operational standards and management manuals for the operation of the chain in accordance with requirements for uniform procurement, uniform distribution, harmonization of marking, harmonization of business guidelines, harmonization of service codes and prices, and shall strengthen the regulation and regulation of the operation of the network of chained business services and eliminate unregulated commercial behaviour。
Chapter iv quality management
Article 29 motor vehicle repair operators shall carry out maintenance in accordance with national, industry or local maintenance standards and with publicly available maintenance technology information from motor vehicle production and importing enterprises. In the absence of standards or regulations, maintenance may be performed by reference to maintenance manuals, instructions and relevant technical information provided by motor vehicle manufacturers。
Motor vehicle repair operators are not allowed to pass discharge tests by temporarily replacing motor vehicle pollution control devices and destroying motor vehicle-borne emission diagnostic systems。
Article 30 motor vehicle repair operators shall not use false or false accessories to repair motor vehicles。
Motor vehicle repair parts are subject to a retroactive system. The motor vehicle repair operator shall record the purchase of spare parts, information on their use, the verification of the relevant certificates, such as the product certificate, and shall retain the certificate of origin of the spare parts as required。
Tutor and maintenance operators can use homogenous accessories to repair motor vehicles. Equivalent accessories are those that are of the same quality or above the standard requirements for the filling of vehicles and that have good load performance。
The motor vehicle repair operator shall leave the replacement spare parts to the provider for its own disposal。
Motor vehicle maintenance operators should identify the original plant spares, homogenous spares and restoration spares at a price specified for the user's choice。
Article 31 if a motor vehicle repair operator performs a secondary maintenance, total repair and complete repair of a motor vehicle, a pre-maintenance diagnostic test, maintenance process test and completed quality test system shall be introduced。
Motor vehicle repair companies or motor vehicle inspection agencies, which are responsible for quality checks for the completion of motor vehicle repairs, should use equipment that meets the relevant standards and is within the period of inspection, conduct tests in accordance with the relevant standards, provide proof of the results and assume legal responsibility for the results。
Article 32. Motor vehicle maintenance is certified for quality, and maintenance quality examiners are required to issue " motor vehicle maintenance completion certificate " (see annex 3); motor vehicles that have not issued motor vehicle maintenance clearance certificate for plant completion are not allowed to be used, and the owner may refuse to pay or pick-up the vehicle。
Article 33 motor vehicle maintenance operators should establish motor vehicle maintenance files and implement their electronic management. Maintenance files should include maintenance contracts (teaching orders), maintenance projects, maintenance personnel and maintenance clearance lists. In the case of secondary maintenance, total repairs and complete repair of motor vehicles, maintenance files should also include: quality certificates, quality examiners, completion of the plant certificate (copy)。
Motor vehicle repair operators should record maintenance electronic data for motor vehicle maintenance to the national electronic health record system for vehicle maintenance in a timely manner, as required. Motor vehicle manufacturers or third parties that develop and provide a motor vehicle maintenance service management system should open the corresponding data interface to the electronic health archive system for vehicle maintenance。
Motor vehicle handlers have access to motor vehicle maintenance files。
Transport authorities should strengthen the management of motor vehicle maintenance practitioners, establish a sound credit profile of practitioners and strengthen the integrity of their regulation。
Motor vehicle repair operators should strengthen the management of professional behaviour and promote the integrity of practitioners and regulate their maintenance。
Article 35 the transport authorities shall strengthen the quality control and management of motor vehicle maintenance operations and monitor the quality of motor vehicle repair operations using periodic inspections and random sampling tests。
The competent transport authorities may commission legally qualified motor vehicle maintenance quality inspection units to monitor the quality of motor vehicle maintenance。
Article 36 motor vehicle maintenance is subject to a quality assurance system for the completion of the plant。
The quality assurance period for the full or total repair of vehicles and dangerous goods vehicles is 20,000 km or 100 days for vehicles; the quality assurance period for secondary maintenance is 5,000 km or 30 days for vehicles; and the quality assurance period for primary maintenance, minor repairs and specialized repairs is 2,000 km or 10 days for vehicles。
Motorcycle repair or total repair quality assurance period is 7,000 km or 80 days; maintenance, minor repairs and specialized repair quality assurance period is 800 km or 10 days。
Quality assurance periods for the repair or total repair of other motor vehicles are 6,000 kilometres or 60 days for motor vehicles and 700 kilometres or 7 days for maintenance, minor repairs and specialized repairs。
The intermediate mileage and date indicators for the quality assurance period shall be met first。
Quality assurance period for motor vehicle maintenance, calculated from the date the plant is completed。
During the quality-assurance period and the commitment period, the motor vehicle repair operator shall return to the vehicle without undue delay or unreasonable refusal if, as a result of the quality of the maintenance, the vehicle cannot be used properly and if the carrier is unable or unable, within three days, to provide evidence that the vehicle cannot be used for non-maintenance reasons。
The motor vehicle repair operator shall be responsible for contacting other motor vehicle maintenance operators and covering the costs of repairing the motor vehicle during the quality assurance period, after two repairs due to the same failure or maintenance project。
Article 38 motor vehicle maintenance operators shall publish the promised motor vehicle maintenance quality assurance period. The promised quality assurance period shall not be less than that provided for in article 36。
Article 39 transport authorities shall receive complaints about the quality of motor vehicle maintenance and actively mediate maintenance quality disputes in accordance with the terms of the maintenance contract and related provisions。
Article 40. The parties to a dispute over the quality of motor vehicle maintenance have an obligation to protect the original state of the vehicle in question. If necessary, the vehicle may be searched for the relevant parts of the vehicle, but the parties should be present at the same time to agree to the dismantling。
Where the determination of responsibility for the quality of motor vehicle maintenance requires technical analysis and validation, which is jointly requested by the carrier and the provider for coordination by the transport authority, the transport authority shall organize an expert group or commission the technical analysis and validation to a testing body with legal qualifications for testing. The costs of identification are borne by the responsible party。
Article 42 applies a quality certification system to motor vehicle repair operators. A separate methodology for quality assurance of motor vehicle maintenance has been developed。
The quality assurance of motor vehicle maintenance should include the basics of the operator, business performance (including rewards), poor records, etc。
Article 43. Transport authorities shall collect credit information on motor vehicle maintenance enterprises and establish credit files for motor vehicle maintenance enterprises, which shall be publicly available, in accordance with the law, except where state secrets and commercial secrets are involved. The results of the quality assurance test for motor vehicle maintenance, the uploading of electronic data records for the maintenance of the electronic health archive system for vehicle maintenance and the evaluation, complaint and processing of the owner of the vehicle are important components of the credit files for motor vehicle maintenance。
Article 44 establishes a blacklist system for motor vehicle maintenance operators and practitioners, with county transport authorities responsible for identifying blacklists for motor vehicle maintenance operators and practitioners, which are developed separately by the ministry of transport。
Chapter v - oversight and inspection
Article 45 transport authorities should strengthen supervision and inspection of motor vehicle repair operations。
The competent transport authorities shall, in accordance with the law, exercise supervisory responsibility over the maintenance operator and supervise whether the maintenance operator has filed a legal file or whether the matter has been filed。
The staff of the transport and transport authorities shall exercise supervision and inspection in strict accordance with their duties and procedures, and shall not abuse their authority, abuse their authority, abuse their authority or impose fines。
Article 46 transport authorities should actively use information technology tools for the scientific and efficient management of motor vehicle maintenance。
Article 47. Law enforcement officers of the transport authorities shall be represented by more than two persons when carrying out supervision inspections of the premises where motor vehicles are used for repair and repair, and shall present to the person concerned the transport administrative enforcement documents prepared by the ministry of transport and communications。
The following measures may be taken by the competent transport authorities in the exercise of supervision and inspection:
(a) interrogate the person or persons concerned and request relevant information from them
(ii) requiring and copying maintenance desk accounts, vouchers, vouchers, documents and other information relating to violations and checking technical information relating to violations
(iii) photography, videotaping at the place where the offence was found
(iv) inspection of maintenance equipment and related machinery related to violations。
The inspection and its outcome should be recorded and filed as required. The parties have the right of access to the records of the supervisory inspection。
Article 48 units and individuals engaged in motor vehicle repair operations shall be conscientiously inspected by the transport authorities and their staff and provide relevant information as they reflect the situation。
