Management of the motor vehicle maintenance industry in hubei province
(promulgated by people's government decree no. 264 of 14 june 2004 from 1 august 2004)
In order to strengthen the management of the motor vehicle maintenance industry, to regulate business practices, to improve the quality of motor vehicle maintenance and to safeguard the legitimate rights and interests of the operators and clients of the maintenance industry, this approach is being developed in accordance with the relevant provisions of the regulations of the people's republic of china on road transport and on road transport management in hubei province。
Article ii. This approach shall be followed in the maintenance of motor vehicles within the province's administrative area and in the supervision and management of motor vehicle maintenance。
For the purposes of this approach, motor vehicle maintenance is defined as the maintenance, repair and integrated detection of business activities in respect of wheeled vehicles driven or towed by power units, travelling on roads for human use or for the transport of goods, specialized engineering operations。
Article 3. The traffic administration of the people's governments above the county level is responsible for the management of the motor vehicle maintenance industry in the region, which is the responsibility of the corresponding road transport administration (hereinafter referred to as the shipping authority)。
Public security organs at the county level and above are responsible for the security administration of the motor vehicle maintenance industry。
In accordance with their respective responsibilities, the departments responsible for the management of business and industry at the county level and above, quality and technical supervision, taxation, price, labour, safety and production supervision, together manage the motor vehicle maintenance industry。
In accordance with the law, units and individuals engaged in motor vehicle maintenance (hereinafter referred to as repairers) may establish motor vehicle maintenance associations, strengthen industry self-regulation, assist management authorities in the management of industries, regulate the conduct of trades, defend the legitimate rights and interests of members and provide members with business training, technology exchange, technology promotion, information dissemination, policy advice, etc。
Article v. Maintenance operators shall be provided with premises, equipment, facilities, professional technicians, a sound motor vehicle maintenance management system, necessary environmental protection measures, etc. Appropriate to their type of operation and the project. The specific conditions are set by the provincial transport administrative authorities in accordance with national standards and are made public。
Article 6. Units and individuals applying for motor vehicle maintenance shall apply to the local county shipping authority and provide:
(i) legal documentation of the right of use of the place of operation
(ii) professional qualifications of practitioners and technical qualifications
(iii) details of equipment appropriate to the type of application and certification of validation and calibration of measuring and detection equipment
(iv) other information required by law, regulations, regulations。
Units and individuals applying for motor vehicle maintenance must comply with national safety regulations such as fire and security regulations。
Article 7. If the maintenance operator meets the required conditions, the authority shall, in accordance with the prescribed regulatory authority, complete the review within 15 days from the date of receipt of the application, issue a licence for the maintenance of motor vehicles and issue motor vehicle maintenance signs or motor vehicle detection signs; if the condition is not met, the permit shall not be granted and the applicant shall be informed in writing. The maintenance business should be certified as having registered with the business administration in accordance with the law。
Maintenance operators engaged in integrated motor vehicle detection are also required to pass the required measurement certification through the quality technology monitoring unit。
Units and individuals whose motor vehicle maintenance licences have been revoked for less than one year may not reapply for motor vehicle maintenance。
Article 8. If a repair operator does not engage in motor vehicle repair within 180 days from the date on which the licence is obtained, the permit shall expire。
Article 9: if a maintenance provider merges, separates, relocates, establishes branches, changes the type of business and the project, and changes the place of business, it shall be subject to change by the authority that makes the licence decision. Any change in the name of the maintenance provider, legal representative, etc. Shall be filed with the authorized shipping authority within 30 days from the date of such change。
Article 10: before the maintenance industry is closed, rehabilitation should be handled properly and public notices issued. Within 30 days of the issuance of the bulletin, the removal of the licence and the payment of motor vehicle maintenance signs or motor vehicle detection signs will be processed with the shipping authority making the decision。
Article 11: technicians, quality inspectors and price clearing officers working in the motor vehicle maintenance industry shall be trained and qualified for specialized operational training in accordance with national regulations。
Article 12 maintenance operators shall carry out their business activities according to the type and scope of the motor vehicle repair licence certified, and shall not operate in a super-category or super-wide manner。
Families in the maintenance industry are required to comply with national regulations regarding the repair and adaptation of vehicles in use。
It is prohibited for the maintenance industry to undertake repairs to dangerous transport vehicles that do not qualify for maintenance of such vehicles。
Article 13 maintenance operators shall operate at a certified operational site and display motor vehicle maintenance signs or motor vehicle detection signs at a visible location in the place of operation。
Article 14 maintenance businesses shall enter into maintenance contracts with the care provider for motor vehicle repairs, major repairs, secondary maintenance and other maintenance operations with a budget of more than $1,000。
The maintenance contract is based on a model text for a motor vehicle repair contract established by the state and should contain the main clauses of the model contract。
Article 15 - maintenance operators should be priced in code。
In the settlement of maintenance costs, the time and material costs shall be calculated separately and the time and materials list shall be submitted to the entrustor. The closing hours shall not exceed the fixed hours of motor vehicle maintenance approved by the provincial traffic administration。
The maintenance provider shall produce a settlement certificate prepared by the tax department。
In the event that the maintenance business fails to produce the required settlement certificate, the party to be awarded or sent to the prosecution may refuse to pay the fee。
Article 16 maintenance and testing equipment, metering devices used by maintenance operators shall remain in good technical condition and shall be subject to periodic review or calibration by the required technical inspection body。
Article 17. Spare parts and materials used by repair operators in maintenance operations must comply with the relevant provisions and requirements of national product quality management。
Article 18: maintenance operators shall maintain, test, maintain and record vehicles in accordance with national, industry and local standards and process codes, and establish the required vehicle maintenance, inspection technology files and registration desk accounts。
Where maintenance, testing and testing standards and norms do not exist, repair and testing operations should be carried out by reference to vehicle release instructions, maintenance manuals and related technical information。
Article 19 - maintenance workers are required to establish a system of compulsory registration, identification and reporting of suspicious situations and to be subject to supervision and inspection by public security organs。
In the case of the repair industry, it is necessary to verify the certificate of approval for the modification or modification of motor vehicles issued by the public security organs。
The public security organs at all levels are gradually establishing a provincial security management information system for the motor vehicle maintenance industry。
Article 20 when a vehicle enters the factory and maintenance operation, a quality test must be performed by a quality inspector and a record of the inspection must be completed。
Until the vehicle repair works are completed, the repair operator must complete the test in accordance with the relevant technical standards, and the quality examiner must issue a certificate of qualification for the completion of the motor vehicle maintenance work。
The repair industry has the capacity to complete the tests, which can be self-checked; if it does not have the capability to do so, it should commission the units qualified to do so。
Article 21. Motor vehicle maintenance is subject to a maintenance quality assurance system. During the quality-assurance period, the repair operator shall return to the vehicle without payment if the vehicle is malfunctioned or damaged as a result of maintenance quality problems. The specific duration of the quality assurance period may be agreed upon by the entrusting parties in the maintenance contract, but the minimum standard may not be lower than the national time limit; if not agreed in the contract, it shall be performed in accordance with the national standard for the quality assurance period。
Article 22 the authority responsible for transport at the county level and above shall strengthen the guidance and services provided to the motor vehicle maintenance industry, and may, upon the request of the parties, mediate disputes between the parties in connection with the maintenance quality or the results of the tests, and organize, as necessary, technical analysis and validation of the relevant professional technicians or commissioning of units qualified for testing。
Article 23: maintenance workers are prohibited from:
(i) repairing, recycling, dismantling of vehicles that should be or have been scrapped and reassembled
(ii) retrofitting, collating or re-selling motor vehicles, knowing that they are stolen or looted
(iii) replacement of engines, body (mounts), remodelling of vehicles, change of colour of vehicles without the authorization of the public security organs
(iv) change the motor engine or body (mount) number
(v) repairs of vehicles that are known to have been hit or escaped by traffic have not been reported to the public security organs。
No unit or individual may use administrative means to compel the owner of a motor vehicle to perform maintenance and testing at a designated location。
Article 25 when monitoring and inspecting motor vehicle repair operators in accordance with the law, county and above authorities have the right to request maintenance operators to provide relevant documents and information, to enter the operational site for inspection, to collect relevant evidentiary material in accordance with the law, and to register and keep the equipment, spare parts and materials in question; and to make violations public when dealing with violations. Maintenance operators should provide accurate information and information and be subject to supervision。
In the performance of their duties, inspectors shall produce administrative law enforcement documents。
Article 26. The administrative penalties imposed by laws, regulations and regulations are provided for by the maintenance industry in violation of this scheme。
Article 27: the traffic administrative authorities, the shipping authorities and their staff shall be subject to administrative penalties imposed by their superiors for negligence, abuse of authority and fraud in the administration; they shall be held criminally responsible in accordance with the law for the commission of the offence。
Article 28. A person who contests a specific administrative act may apply for review or bring an action before a people's court in accordance with the law. The late filing of an application for review and failure to prosecute, and the failure to perform a specific administrative act, are subject to enforcement by application of the organ that has committed the specific administrative act in accordance with the law。
Article 29 this scheme shall become effective on 1 august 2004。
