The minimum fine for undocumented ride-hailing drivers is planned to be reduced from 10,000 to 200. Can offenders still be restrained?
Beijing News Express (Reporter Pei Jianfei) On July 12, the Ministry of Transport announced that it intends to revise the "Interim Measures for the Administration of Online Taxi Booking Operation and Service."
Among them, it is proposed to reduce the penalties for unlicensed drivers, and the minimum fine will be reduced from 10,000 yuan to 200 yuan.
Industry insiders in the field of traffic law enforcement said that such adjustments are mainly to clean up unreasonable fines.
Although the amount of fines has been reduced, with the newly revised "Administrative Punishment Law", the effect of law enforcement will get better and better.
The newly revised "Administrative Punishment Law" will soon be implemented, which stipulates that illegal gains must be confiscated.
Therefore, for illegal online car-hailing, after being investigated and punished, not only will they face a fine that violates the administrative order, but also the illegal gains will be confiscated.
The penalties for unlicensed drivers have been greatly reduced, and the minimum fine has been reduced from 10,000 to 200
In the drafting note, the Ministry of Transport stated the need for this modification.
It stated that in accordance with the requirements of the relevant notice of the General Office of the State Council, combined with the current needs of special rectification actions for outstanding problems in the field of traffic and transportation law enforcement, the Ministry of Transport organized the "clearing of regulations inconsistent with the "Administrative Penalty Law"" and "clearing of unreasonable fines." "jobs.
The reporter noticed that the "Interim Measures for the Administration of Online Taxi Booking Service" mainly intends to modify two aspects. On the one hand, the penalty limit for unlicensed drivers is appropriately reduced; Penalties for cruising taxi drivers.
Among them, the penalty standard for "engaging in online car-hailing business activities without authorization or in disguised form" in Article 34 of the "Interim Measures for the Administration of Online Taxi Service Management" has been revised.
For online car-hailing drivers, if they fail to obtain the "Online Reservation Taxi Transport Permit", they will be fined 3,000 yuan to 10,000 yuan; for those who fail to obtain the "Online Reservation Taxi Driver License", they will be fined 200 yuan or more The following is fine.
According to previous regulations, if online car-hailing drivers are "undocumented", they will be fined 10,000 yuan up to 30,000 yuan.
After this adjustment, the lower limit of the penalty for unlicensed drivers has been drastically reduced from 10,000 yuan to 200 yuan.
The Ministry of Transport stated in the drafting statement that the adjustment was made in consideration of the degree of harm of different illegal matters and the tolerance of the operators, and the penalties in Article 34 shall be based on the failure to obtain the "Online Reservation Taxi Business Permit". "Online Appointment Taxi Transport Permit" and "Online Appointment Taxi Driver Permit" distinguished, and the penalty amount was appropriately reduced.
Online car-hailing drivers detour and charge more, and the fine limit is raised
Another adjustment of the draft is to align with the penalties for similar behaviors of cruise taxi drivers.
The drafting note pointed out that, considering that the online booking taxi driver and the cruise taxi driver are both taxi drivers, the aspects of not carrying relevant documents, dumping passengers or deliberately detouring, and illegal charging in Article 36 have been deleted The expression of penalties and the violations of online booking taxi drivers shall be implemented in accordance with the "Decision of the Ministry of Transport on Amending the Regulations on the Management of Employment Qualifications for Taxi Drivers" (Ministry of Transport Order 2016 No. 63).
Although the relevant provisions have been deleted in the draft for comments, it does not mean that online car-hailing drivers will be exempted from penalties if they throw off passengers, detour, and overcharge. The relevant penalties will be aggravated.
After inquiring, the reporter found that according to the "Decision of the Ministry of Transport on Amending the Regulations on the Management of Employment Qualifications for Taxi Drivers", taxi drivers are not allowed to throw off passengers on the way or deliberately detour. If they violate it, they can be punished with a penalty of more than 200 yuan and less than 2,000 yuan. Fine.
According to previous regulations, if online car-hailing drivers turn off passengers on the way or deliberately detour, they will be fined between RMB 50 and RMB 200 for each violation.
In other words, if online car-hailing drivers commit the above violations in the future, the upper limit of the fine may be increased from 200 yuan to 2,000 yuan.
an expert:
Illegal proceeds will be confiscated, and the effect of law enforcement will get better and better
The reporter noticed that the draft for comments is currently being collected, and the deadline for feedback is August 11, 2021.
Some members of the public said, "After reading the adjustments in the management measures, it feels that the cost of online car-hailing drivers' violations is getting smaller and smaller, and the penalties have been reduced a lot, which cannot deter violating drivers."
In response to this question, an industry insider in the field of traffic law enforcement told reporters that such adjustments are mainly to clean up unreasonable fines from the penalty.
Regarding the public’s doubts about “the inability to deter illegal drivers”, he told reporters that although the fine has been reduced this time, with the implementation of the newly revised "Administrative Punishment Law", the enforcement effect will be better and better.
"The newly revised "Administrative Punishment Law" clearly stipulates that illegal income must be confiscated. For illegal online car-hailing, after being investigated, not only will they face a fine that violates the administrative order, but also the illegal income will be confiscated."
The newly revised "Administrative Punishment Law" will come into effect on July 15. The second paragraph of Article 28 clearly stipulates that "the parties have illegal income, except for those that should be refunded according to law, shall be confiscated. Illegal income refers to the implementation of illegal income Money obtained from the act".
The industry insider told reporters that such a design can be said to focus on the big and let go of the small.
"Severe violations of the law and serious circumstances shall be severely punished. For the first violation, there is no subjective fault, or the violation of the law is minor, promptly corrected, and the harmful consequences are small, it is inclined to not be punished, or the punishment is lightened."
Beijing News reporter Pei Jianfei