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Order of Hangzhou Municipal People's Government

(No.136)

The measures for the administration of automobile and motorcycle maintenance industry in Hangzhou have been deliberated and adopted by the executive meeting of the Municipal People's Government, and are hereby promulgated and shall come into force as of the date of promulgation.

1998165438+1October 30th

Measures of Hangzhou Municipality on the Administration of Automobile and Motorcycle Maintenance Industry

Chapter I General Provisions

Article 1 In order to strengthen the management of automobile and motorcycle maintenance industry, improve the quality of automobile and motorcycle maintenance, maintain the market order of automobile and motorcycle maintenance, and protect the legitimate rights and interests of automobile and motorcycle maintenance contractors and consignors, these Measures are formulated in accordance with the provisions of relevant national laws and regulations and combined with the actual situation of this Municipality.

Article 2 The term "automobile and motorcycle maintenance industry" as mentioned in these Measures refers to the maintenance of various automobiles (including engineering vehicles and special transport vehicles) and motorcycles, the modification of vehicles in use and the technical quality and performance testing of vehicles.

The maintenance and management of agricultural tractors shall be implemented in accordance with the relevant provisions of the state.

Article 3 All units and individuals (hereinafter referred to as operators) engaged in automobile and motorcycle maintenance within the administrative area of this Municipality (including counties and cities under the jurisdiction of this Municipality) must abide by these Measures.

Article 4 The traffic administrative department of Hangzhou Municipal People's Government shall be in charge of the management of the automobile and motorcycle maintenance industry in the whole city. The traffic administrative department of the county (city) people's government is responsible for the management of the automobile and motorcycle maintenance industry within its jurisdiction.

City, county (city) automobile maintenance industry management agencies responsible for the implementation of these measures.

Industry and commerce, technical supervision, price, public security, environmental protection, taxation and other relevant departments shall, according to their respective responsibilities, assist in the management of automobile and motorcycle maintenance industry.

Article 5 The management of automobile and motorcycle maintenance industry shall implement the principle of "unification, openness, competition and order", adhere to the principle of "planning, coordination, service and supervision", encourage fair competition and protect legitimate business operations.

Operators should abide by professional ethics, operate legally, ensure quality, trade fairly and serve users.

Chapter II Qualification Management

Sixth automobile and motorcycle maintenance industry to implement the technical qualification certificate system. Operators who need to be engaged in automobile and motorcycle maintenance and vehicle technical quality and performance testing must apply to the management institution of automobile maintenance industry, and after the approval of the management institution of automobile maintenance industry, they will be issued with corresponding class-level technical qualification certificates and reported to the public security organs for the record.

Operators engaged in vehicle technical quality and performance testing must apply to the technical supervision department for metrological certification, and only after passing the examination can they carry out testing business.

Those who have not obtained the corresponding technical qualification certificates shall not engage in automobile and motorcycle maintenance and vehicle technical quality and performance testing business.

Seventh automobile and motorcycle maintenance industry according to its technical conditions, scale and scope of work are divided into the following categories:

(a) automobile and motorcycle maintenance is divided into three categories:

(1) Class I automobile and motorcycle maintenance enterprises: they can be engaged in automobile and motorcycle overhaul, assembly repair, automobile and motorcycle maintenance, minor repair and some special repairs;

(2) Class II automobile and motorcycle maintenance enterprises: they can engage in automobile and motorcycle maintenance, motorcycle overhaul, automobile and motorcycle minor repair and some special repairs;

(III) Automobile and motorcycle maintenance enterprises: they can be engaged in automobile body repair, painting, awning, cover, seat cushion and interior decoration repair, electrical appliances and instruments repair, battery repair, radiator and oil tank repair, tire repair, automobile door and window glass replacement, air conditioner and heater repair, fuel injection pump, fuel injector and carburetor repair, crankshaft grinding, cylinder boring and grinding, body cleaning and maintenance, etc.

(2) Vehicle technical quality and performance inspection: It can be used for technical condition inspection and maintenance quality inspection of automobiles and motorcycles, and can be divided into three levels: A, B and C according to the technical equipment and functions of the inspection operators.

Eighth engaged in automobile and motorcycle maintenance business, must meet the following conditions:

(1) Having funds and facilities such as business premises, workshops, warehouses and parking lots that meet the requirements;

(2) Having quality inspection and maintenance equipment and measuring instruments suitable for the technical level of business;

(3) Having trained and qualified professionals in technology, finance, quality inspection, maintenance and marketing;

(4) Having sound rules and regulations and technical operation specifications;

(five) other conditions stipulated by laws, regulations and rules.

Automobile and motorcycle maintenance enterprises shall not be established in the West Lake scenic area and densely populated areas.

Article 9 Operators who apply to engage in automobile and motorcycle maintenance must complete the following procedures before starting business:

(a) the unit holds the approval of the competent department (the individual holds the township people's government or the street office) or the relevant certification materials, and applies to the local automobile maintenance industry management organization and submits the relevant technical status report. Foreign-invested enterprises shall submit the approval letter of project establishment.

(2) The management institution of the automobile maintenance industry shall examine the business scope and technical qualification of the applicant according to the social demand and planning layout, and put forward the examination opinions within 20 days. If it meets the prescribed conditions, it shall issue the corresponding qualification certificate; Those who do not meet the requirements shall not apply for the qualification certificate, but shall explain the reasons to the applicant.

(3) After obtaining the qualification certificate, the applicant shall go through the industrial and commercial registration with the administrative department for industry and commerce in accordance with the relevant provisions, obtain a business license, go through the tax registration with the tax department, and apply for a fee license from the price department.

(4) Those who engage in automobile maintenance and special (agent) maintenance within the unit shall be examined and approved in accordance with the procedures prescribed in these Measures, and can engage in automobile and motorcycle maintenance business only after obtaining the corresponding license.

Article 10 After obtaining the technical qualification certificate and business license, automobile and motorcycle maintenance operators shall engage in business activities in accordance with the approved technical level and business premises. Where an operator applies for suspension of business due to merger, division, relocation and change of management level, it shall go through the formalities of change or cancellation in accordance with the provisions and file with the management institution of automobile maintenance industry and the public security organ.

Eleventh automobile maintenance industry management institutions for all kinds of automobile and motorcycle maintenance industry operators, the implementation of regular technical qualification examination. Those who fail to meet the specified conditions or the maintenance quality declines, and still fail to meet the requirements after rectification within a time limit, shall be downgraded. Operators of low-grade automobile and motorcycle maintenance industries who meet the technical requirements of first-class maintenance may apply to the local automobile maintenance industry management agencies. If they pass the examination, they will upgrade or expand the maintenance items and scope.

Chapter III Quality Management

Twelfth automobile and motorcycle maintenance operators shall maintain vehicles in accordance with national, industrial or local technical standards. Vehicles that fail to meet the above standards can be repaired with reference to the original vehicle maintenance manual, instruction manual and related maintenance technical data.

Thirteenth automobile and motorcycle maintenance operators shall be responsible for quality inspection and fill in the factory, maintenance and completion inspection form. Maintenance technical files shall be established for vehicles undergoing overhaul, assembly overhaul and secondary maintenance. After the vehicle is trimmed, the vehicle technical quality inspection station recognized by the technical supervision department shall carry out technical inspection, and those that pass the inspection shall be stamped with the inspection and appraisal seal before leaving the factory.

Automobile and motorcycle maintenance shall implement the system of factory certificate and quality guarantee period. During the warranty period, if the vehicle fails due to the quality of maintenance, the repairer shall repair it free of charge, and if direct economic losses are caused, the repairer shall be liable for compensation. If the failure is caused by the quality of accessories, the repairer may claim compensation from the accessories dealer according to law after assuming the liability for compensation.

Automobile and motorcycle maintenance completion factory certificate shall be uniformly printed by the automobile maintenance industry management organization, and no unit or individual may forge, resell or lend it.

Article 14 Operators of automobile and motorcycle maintenance industry shall implement the system of incoming inspection and acceptance of used parts (including related materials), and verify the product certificate and related marks. Parts involving important parts of the vehicle must have inspection certificates. Shall not use and distribute fake and inferior parts.

Fifteenth automobile and motorcycle parts dealers should strictly abide by the "People's Republic of China (PRC) Product Quality Law", implement the incoming inspection and acceptance system, and verify the product certificate and other technical marks. The parts sold must be accompanied by product quality inspection certificate and parts distribution warranty. Shall not sell accessories that have been explicitly eliminated by the state; Do not sell accessories without product standards; It is strictly forbidden to sell fake and inferior accessories.

Sixteenth vehicle technical quality and performance testing stations recognized by the technical supervision department shall carry out testing in accordance with national and industry standards, ensure the accuracy of test results, truthfully provide proof of test results, and bear legal responsibilities.

Seventeenth automobile and motorcycle maintenance industry to implement the system of certificates. The management institution of automobile maintenance industry shall organize employees in this industry to carry out vocational and technical training. Only after passing the training and examination and obtaining the post certificate can they work at their posts.

Chapter IV Business Management

Eighteenth automobile and motorcycle maintenance operators must implement listing services in accordance with the approved technical level; Shall not exceed the approved technical level or undertake repair business outside the business premises; It is not allowed to repair or modify scrapped vehicles or assemble vehicles with parts of scrapped vehicles.

Nineteenth vehicle users can choose their own operators with corresponding technical level. Except as provided by laws and regulations, no unit or individual may force vehicle users to designate maintenance operators.

Twentieth automobile and motorcycle maintenance operators and accessories operators shall not occupy roads and public places for maintenance operations or park vehicles for maintenance.

Article 21. Operators in the automobile and motorcycle maintenance industry must have corresponding technical qualifications, check the license certificate of the public security organ, and deposit the certificate in the vehicle maintenance file before undertaking the business of repairing the accident vehicle or modifying, refitting, changing color, changing the assembly, re-editing, printing and printing the driver number and engine number. To undertake the maintenance and modification of dangerous goods transport vehicles, we must have the professional maintenance technical conditions stipulated by the state and be approved by the automobile maintenance industry management organization before operating.

Operators in the automobile and motorcycle maintenance industry shall report to the public security organ immediately if they find that they have not obtained the license certificate issued by the public security organ for undertaking accident vehicle repair or carrying out vehicle modification, modification, color change, assembly change and re-editing, printing and printing driver's number and engine number.

Twenty-second car maintenance, vehicle overhaul, assembly overhaul, secondary maintenance and maintenance costs exceed 3% of the car price, the two sides should sign a maintenance contract, and use a unified contract text.

Twenty-third car and motorcycle maintenance operators should strictly implement the price, the traffic department approved the working hours quota and charging standards, clearly marked. It is strictly forbidden to increase prices and collect fees at will. Do not engage in maintenance business by improper means.

Article 24 When settling the expenses, the operators of automobile and motorcycle maintenance industry shall settle the expenses with the entrusting party according to the approved price standard of working hours, and issue special invoices supervised by the tax authorities or special invoices for value-added tax as required, and provide maintenance working hours, material settlement list, inspection visa, completion certificate, inspection report and other relevant documents. The cost of working hours and materials shall be calculated separately.

Twenty-fifth automobile and motorcycle maintenance industry operators should abide by the provisions of the state, pay all kinds of fees and taxes on time, and submit relevant statistical data to the automobile maintenance industry management agencies.

Twenty-sixth automobile and motorcycle maintenance industry operators shall accept the supervision of the automobile maintenance industry management agencies and relevant departments according to law, truthfully reflect the situation and provide relevant information, and shall not refuse or obstruct.

Article 27 If there is a dispute between the automobile maintenance contractor and the entrusted maintenance party over the quality of automobile maintenance, they may submit it to the unit designated by the automobile maintenance industry management institution for technical analysis and appraisal, or they may complain to the automobile maintenance industry management institution for mediation; You can also apply to an arbitration institution for arbitration or bring a lawsuit to a people's court according to law.

Chapter V Legal Liability

Twenty-eighth in violation of the provisions of these measures, one of the following acts, the traffic administrative department shall order it to stop the illegal act, give a warning, and may impose a fine of more than 5000 yuan 10000 yuan. If the circumstances are serious, the technical qualification certificate shall be confiscated:

(a) without obtaining the technical qualification certificate, engaging in automobile and motorcycle maintenance business without authorization or forging, altering, reselling or transferring the technical qualification certificate.

(two) to undertake business beyond the approved technical level without authorization.

(three) do not implement the technical standards and norms of maintenance or use unqualified parts to cause quality accidents.

(four) privately printed, forged, altered, transferred or resold the certificate of completion of automobile maintenance.

(5) Failing to conduct testing according to the prescribed standards and issuing false testing certificates.

(six) to undertake accident vehicle repair or vehicle modification, modification and color change business without authorization, and to undertake maintenance, modification and assembly business of dangerous goods vehicles and scrapped vehicles as stipulated by the state without authorization.

Twenty-ninth in violation of these measures, one of the following acts, the traffic administrative department shall order it to correct the illegal behavior, give a warning, and may impose a fine of 5000 yuan to 1000 yuan:

(a) do not have the technical conditions to start a business, to conceal the truth, fraud and other means to obtain technical qualification certificates.

(two) failing to check and accept the vehicle parts used or distributed according to the regulations.

(three) failing to change the maintenance level and technical qualification certificate according to the regulations, or failing to hang the maintenance level signs of automobiles and motorcycles according to the regulations.

(four) the vehicle maintenance file has not been established, or the completion certificate has not been issued in accordance with the provisions after the vehicle maintenance is completed.

(five) the employees engaged in automobile and motorcycle maintenance industry have not obtained the post certificate.

(six) to undertake maintenance business without signing a contract or implementing a unified working hour quota, not using working hours, material settlement documents, inspection receipt documents and practicing fraud on documents.

Thirtieth in violation of the provisions of these measures, the occupation of public places and roads for maintenance work, the traffic administrative department shall impose a fine of more than 500 yuan 1000 yuan; Among them, those who have no technical qualification certificate can temporarily detain their machinery and equipment and order them to go to the designated place for treatment.

Article 31 if the operators of automobile and motorcycle maintenance industry fail to pay the fees according to the regulations, the management institution of automobile maintenance industry shall order them to pay within a time limit, and from the date of default, they shall be charged a late fee according to the regulations; Those who fail to pay within the time limit may not receive the technical qualification certificate until the fees are paid.

Thirty-second car and motorcycle maintenance operators who fail to check the license of the public security organ to the owner or fail to report to the public security organ in time shall be fined not less than 3,000 yuan from 500 yuan by the public security organ. If the circumstances are serious, the public security organ may request the management institution of automobile maintenance industry to cancel its technical qualification for maintenance.

Thirty-third in violation of the provisions of these measures, accidents or maintenance caused by the quality of maintenance shall bear civil liability according to law.

Thirty-fourth in violation of these measures involving the management responsibilities of other relevant departments, the relevant departments shall be punished in accordance with the provisions of relevant laws and regulations of the state.

Thirty-fifth in violation of the provisions of the implementation of administrative punishment, the traffic administrative department may entrust the automobile maintenance industry management agencies to organize the implementation.

Article 36 The management organization of automobile maintenance industry and its staff shall be loyal to their duties, be honest and devoted to their duties, abuse their powers, engage in malpractices for personal gain or abuse power for personal gain, and their administrative responsibilities shall be investigated by their units or the competent department at a higher level; Those who violate the criminal law shall be investigated for criminal responsibility by judicial organs according to law.

Thirty-seventh the implementation of administrative punishment for acts in violation of these measures shall be carried out in accordance with the procedures stipulated in the Administrative Punishment Law.

Thirty-eighth if a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration according to law, or bring a lawsuit directly to the people's court. If the party concerned fails to apply for administrative reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.

Chapter VI Supplementary Provisions

Thirty-ninth approach by the Legislative Affairs Bureau of Hangzhou Municipal People's government is responsible for the interpretation of.

Fortieth these Measures shall come into force as of the date of promulgation. 1987 Hangzhou Municipal People's Government 10 The Interim Measures for the Administration of Automobile Maintenance Industry in Hangzhou promulgated on 7 October shall be abolished at the same time.

* Note: This regulation has been revised by the Notice of Hangzhou Municipal People's Government on Amending the Measures for the Administration of Inland Waterways in Hangzhou, etc. 18 (release date: September 20, 2004, implementation date: 1 1 year1October) (local regulations)