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How much should the Transportation Management Office punish for illegal operation?
Legal analysis
Illegal operation refers to the operation behavior without obtaining the right to operate according to law. That is, it has not obtained the operation certificate issued by the relevant competent department and operated beyond the approved scope. If there is no money transaction or it cannot be verified that there is money transaction, it cannot be considered as illegal business. Road transport operations: including road passenger transport operations (hereinafter referred to as passenger transport operations) and road cargo transport operations (hereinafter referred to as freight transport operations). The so-called road transport refers to the activities of transporting passengers or goods by means of transport on the road. Road transport activities can be divided into operating road transport and non-operating road transport according to whether they are for profit. Operating road transport, that is, road transport operation, mainly refers to road transport that provides services to the society, settles expenses or obtains remuneration. In the process of commercial road transportation, there are various settlement methods, including freight, handling fee and price, freight, handling fee and engineering fee, freight and labor fee, and contracting fee, in addition to freight settlement alone. Non-commercial road transport refers to road transport that serves my production and life without settlement of fees and remuneration. Passenger transport: engaging in road passenger transport business without obtaining the road passenger transport business license; Engaging in bus passenger transport business without obtaining the business license of road passenger transport line.
legal ground
Article 64 of the Regulations of the People's Republic of China on Road Transport violates the provisions of these Regulations and engages in road transport business without obtaining a road transport business license, and the road transport management institution at or above the county level shall order it to stop its business; Illegal income, confiscate the illegal income, and impose a fine of more than 2 times the illegal income 10 times; If there is no illegal income or the illegal income is less than 20,000 yuan, a fine ranging from 30,000 yuan to 6,543,800 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
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