(Promulgated by the Ministry of Communications on June 24th, 2005, revised according to the Decision of the Ministry of Transport on Amending the Regulations on the Administration of Motor Vehicle Maintenance (OrderNo. 17 of the Ministry of Transport of the People's Republic of China No.201May 8th).
Chapter I General Principles
Article 1 These Provisions are formulated in accordance with the Regulations of the People's Republic of China on Road Transportation and relevant laws and administrative regulations in order to standardize the business activities of motor vehicle maintenance, maintain the market order of motor vehicle maintenance, protect the legitimate rights and interests of the parties involved in motor vehicle maintenance, ensure the safety of motor vehicle operation, protect the environment, save energy and promote the healthy development of motor vehicle maintenance industry. Article 2 Those engaged in motor vehicle maintenance and management shall abide by these provisions. Motor vehicle maintenance and operation as mentioned in these Provisions refers to the maintenance, maintenance, rescue and other related business activities with the task of maintaining or restoring the technical condition and normal function of motor vehicles and prolonging the service life of motor vehicles. Article 3 Motor vehicle maintenance operators shall operate according to law, be honest and trustworthy, have fair competition and provide excellent service. Article 4 The management of motor vehicle maintenance shall be fair, just, open and convenient. Article 5 No unit or individual may block or monopolize the motor vehicle maintenance market. The entrusting party has the right to select maintenance operators for maintenance. In addition to automobile production enterprises to fulfill the recall of defective automobile products, automobile quality "three guarantees" responsibility, no unit or individual shall be forced or disguised to specify maintenance operators. Encourage motor vehicle maintenance enterprises to implement intensive, specialized and chain-like operation, and promote the rational division of labor and coordinated development of motor vehicle maintenance industry. Encourage the popularization and application of environmental protection, energy saving, non-disintegration detection and fault diagnosis technology for motor vehicle maintenance, promote the construction of industry information and network of rescue and maintenance services, improve the overall quality of motor vehicle maintenance industry, and meet social needs. Article 6 The Ministry of Transport is in charge of the management of motor vehicle maintenance throughout the country. The transportation departments of local people's governments at or above the county level shall be responsible for organizing and leading the management of motor vehicle maintenance within their respective administrative areas. Road transport management institutions at or above the county level shall be responsible for the specific implementation of motor vehicle maintenance management within their respective administrative areas.
Chapter II Business License
Seventh motor vehicle maintenance business shall be licensed according to the type of vehicle maintenance, service capacity and business items. Motor vehicle maintenance business is divided into four categories according to the maintenance objects: automobile maintenance business, dangerous goods transport vehicle maintenance business, motorcycle maintenance business and other motor vehicle maintenance business. Automobile maintenance business and other motor vehicle maintenance business can be divided into one type of maintenance business, two types of maintenance business and three types of maintenance business according to business items and service capabilities. Motorcycle maintenance business can be divided into one type of maintenance business and two types of maintenance business according to business items and service capabilities. Article 8 Those who have obtained the first-class automobile maintenance business license and the first-class other motor vehicle maintenance business license can engage in automobile repair, assembly repair, automobile maintenance, minor repair, maintenance rescue, special repair and maintenance completion inspection of the corresponding models; Those who have obtained the second-class automobile maintenance business license and the second-class other motor vehicle maintenance business license can engage in automobile repair, assembly repair, automobile maintenance, minor repair, maintenance rescue and special repair of the corresponding models; Those who have obtained the license for three types of automobile maintenance business and three types of other motor vehicle maintenance business can engage in engine, body, electrical system, automatic transmission maintenance and body cleaning maintenance, painting, tire dynamic balance and repair, four-wheel alignment detection and adjustment, oil supply system maintenance and oil replacement, fuel injection pump and injector maintenance, crankshaft grinding, cylinder boring and grinding, radiator (water tank), air conditioning maintenance, vehicle decoration (tarpaulin, cushion and interior decoration) Article 9. Those who have obtained the second-class motorcycle maintenance business license can engage in motorcycle maintenance, minor repairs and special maintenance. Article 10 A person who has obtained a license for the maintenance and operation of dangerous goods transport vehicles may engage in a class I automobile maintenance and operation business in addition to the maintenance and operation of dangerous goods transport vehicles. Article 11 An applicant who applies for engaging in automobile maintenance business or other motor vehicle maintenance business shall meet the following conditions: (1) Having an automobile maintenance parking lot and a production workshop suitable for his business. The leased premises shall have a written lease contract, and the lease term shall not be less than 1 year. The area of the parking lot and the production workshop shall conform to the relevant provisions of the national standard "Conditions for the Opening of Automobile Maintenance Industry" (GB/T 16739). (2) Having equipment and facilities suitable for its business. The equipped measuring equipment shall meet the requirements of relevant national technical standards, and be qualified by the statutory verification institutions. The specific requirements for equipment and facilities engaged in automobile maintenance business shall be implemented in accordance with the relevant provisions of the national standard "Conditions for the Opening of Automobile Maintenance Industry" (GB/T 16739); The specific requirements of equipment and facilities engaged in other motor vehicle maintenance business shall be implemented with reference to the national standard "Conditions for the Opening of Automobile Maintenance Industry" (GB/T 16739), but the facilities and equipment provided shall be suitable for the vehicle type to be maintained. (3) Necessary technical personnel: 1. Engaged in the first-level and second-level maintenance business, at least 1 technical responsible personnel and quality inspection personnel shall be provided respectively. The technical person in charge shall be familiar with the automobile or other motor vehicle maintenance business and master the automobile or other motor vehicle maintenance and related policies, regulations and technical specifications; Quality inspection personnel should be familiar with all kinds of automobile or other motor vehicle maintenance and inspection operation specifications, master the relevant technologies of automobile or other motor vehicle maintenance fault diagnosis and quality inspection, and be familiar with automobile or other motor vehicle maintenance service charging standards and relevant policies, regulations and technical specifications. 60% of the total number of technicians and quality inspectors should pass the national unified examination. 2. Those engaged in Class I and Class II maintenance business shall be equipped with at least 1 maintenance technicians engaged in machine maintenance, electrical appliances, sheet metal and painting respectively; Maintenance technicians engaged in machine maintenance, electrical appliances, sheet metal and painting should be familiar with the maintenance technology and operation specifications of their posts, and understand the maintenance of automobiles or other motor vehicles and related policies and regulations. 40% of the total number of technicians in machine maintenance, electrical appliances, sheet metal and painting maintenance passed the national unified examination. 3 engaged in three types of maintenance business, according to its business projects with the corresponding mechanical maintenance, electrical appliances, sheet metal, painting maintenance technicians; Engaged in engine maintenance, body maintenance, electrical system maintenance, automatic transmission maintenance, it should also be equipped with technical responsible personnel and quality inspection personnel. 40% of the total number of technicians, quality inspectors and technicians in charge of mechanical maintenance, electrical maintenance, sheet metal maintenance and paint maintenance passed the national unified examination. (four) a sound maintenance management system. Including quality management system, safety production management system, vehicle maintenance file management system, personnel training system, equipment management system and accessories management system. The specific requirements shall be implemented in accordance with the relevant provisions of the national standard "Opening Conditions of Automobile Maintenance Industry" (GB/T 16739). (5) Necessary environmental protection measures. The specific requirements shall be implemented in accordance with the relevant provisions of the national standard "Opening Conditions of Automobile Maintenance Industry" (GB/T 16739). Article 12 An automobile maintenance operator engaged in the maintenance of dangerous goods transport vehicles shall meet the following conditions in addition to the opening conditions of automobile maintenance business: (1) Having a special maintenance workshop, equipment and facilities suitable for its operation, and setting up obvious indication signs; (2) Having a sound emergency plan, including reporting procedures, emergency command and disposal measures; (3) Having corresponding safety management personnel; (4) Having complete safety operation procedures. The maintenance of dangerous goods transport vehicles as mentioned in these Provisions refers to the maintenance of motor vehicles that transport inflammable, explosive, corrosive, radioactive and toxic substances, excluding the maintenance of tanks of dangerous goods transport vehicles. Article 13 An applicant for motorcycle maintenance shall meet the following conditions: (1) Having a motorcycle maintenance parking lot and a production workshop suitable for its business. The leased premises shall have a written lease contract, and the lease term shall not be less than 1 year. The area of parking lot and production workshop shall conform to the relevant provisions of the national standard "Conditions for Opening Motorcycle Maintenance Industry" (GB/T 18 189). (2) Having equipment and facilities suitable for its business. Metering equipment shall meet the requirements of relevant national technical standards and be qualified by legal verification institutions. The specific requirements shall be implemented in accordance with the relevant provisions of the national standard "Opening Conditions of Motorcycle Maintenance Industry" (GB/T 18 189). (3) Necessary technical personnel: 1. There should be at least 1 inspector engaged in the first-level maintenance business. Quality inspection personnel should be familiar with all kinds of motorcycle maintenance and inspection operation specifications, master the relevant technologies of motorcycle maintenance fault diagnosis and quality inspection, and be familiar with motorcycle maintenance service charging standards and relevant policies, regulations and technical specifications. 60% of the total number of quality inspectors should pass the national unified examination. 2. According to its business, it is equipped with corresponding maintenance technicians such as machine maintenance, electrical appliances, sheet metal and painting. Maintenance technicians such as mechanics, electrical appliances, sheet metal, painting, etc. should be familiar with the maintenance technology and operation specifications of their posts, and understand motorcycle maintenance and related policies and regulations. 30% of the total number of technicians in machine maintenance, electrical appliances, sheet metal and painting maintenance passed the national unified examination. (four) a sound maintenance management system. Including quality management system, safety production management system, motorcycle maintenance file management system, personnel training system, equipment management system and accessories management system. The specific requirements shall be implemented in accordance with the relevant provisions of the national standard "Opening Conditions of Motorcycle Maintenance Industry" (GB/T 18 189). (5) Necessary environmental protection measures. The specific requirements shall be implemented in accordance with the relevant provisions of the national standard "Opening Conditions of Motorcycle Maintenance Industry" (GB/T 18 189). Article 14 Whoever applies for motor vehicle maintenance shall apply to the local county-level road transport management institution and submit the following materials: (1) An application for traffic administrative license; (two) a copy of the business site, parking area materials, land use rights and property rights certificates; (3) technical personnel profile and corresponding professional qualification certificates; (four) a copy of the verification certificate for the maintenance of testing equipment and measuring equipment; (five) according to the automobile, other motor vehicles, dangerous goods transport vehicles, motorcycles, respectively, to provide other relevant materials that meet the conditions stipulated in Articles 11, 12 and 13 of these Provisions. Fifteenth road transport management institutions shall implement the administrative license for motor vehicle maintenance and operation in accordance with the procedures stipulated in the Regulations of the People's Republic of China on Road Transport and the Provisions on the Procedures for the Implementation of Traffic Administrative License. Article 16 Where a road transport management institution accepts an application for motor vehicle maintenance and operation, it shall make a decision of approval or disapproval within 05 days from the date of accepting the application. Meet the statutory conditions, the road transport management institution shall make a decision to approve the administrative license, issue a "Traffic Administrative License Decision" to the applicant, and issue a motor vehicle maintenance and operation license to the licensee within 10 days, specifying the licensing matters; Do not meet the statutory conditions, the road transport management institution shall make a decision not to grant permission, issue a "Decision on Not Granting Traffic Administrative License" to the applicant, explain the reasons, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law. Motor vehicle maintenance operators shall, after obtaining the corresponding industrial and commercial registration license, apply to the road transport management institution for handling the license procedures for motor vehicle maintenance and operation. Article 17 To apply for a motor vehicle maintenance chain service outlet, the headquarters of the motor vehicle maintenance chain service enterprise may apply to the road transport management institution at the county level where the chain service outlet is located, submit the following materials, and bear corresponding legal responsibilities for the authenticity of the materials: (1) A copy of the motor vehicle maintenance business license of the headquarters of the motor vehicle maintenance chain service enterprise; (2) A copy of the chain operation agreement; (3) Operating standards and management manuals for chain operation; (four) a letter of commitment that the chain service outlets meet the opening conditions of the corresponding motor vehicle maintenance and operation. The road transport management institution shall, after examining and verifying that the application materials are complete and effective, grant permission on the spot or within 5 days, and issue corresponding permission documents. The business license items of the chain operation service outlets shall be within the scope of the license items of the headquarters of the motor vehicle maintenance chain operation enterprise. Eighteenth motor vehicle maintenance business license to implement the validity system. The certificate of engaging in the first and second class automobile maintenance business and the first class motorcycle maintenance business is valid for 6 years; The certificate of engaging in the third-class automobile maintenance business, the second-class motorcycle maintenance business and other motor vehicle maintenance business is valid for 3 years. Motor vehicle maintenance business license shall be uniformly printed and numbered by the road transport management institutions of all provinces, autonomous regions and municipalities directly under the Central Government, and the road transport management institutions at the county level shall issue and manage it according to the regulations. Nineteenth motor vehicle maintenance operators shall, 30 days before the expiration of the license, go through the replacement procedures at the road transport management institution that made the original license decision. Twentieth motor vehicle maintenance operators to change the licensing matters, shall handle the administrative licensing matters in accordance with the relevant provisions of this chapter. Where a motor vehicle maintenance operator changes its name, legal representative, address and other matters, it shall file with the road transport management institution that originally made the licensing decision. Motor vehicle maintenance operators need to terminate their operations, and shall inform the road transport management institution that made the original licensing decision to go through the cancellation procedures 30 days before the termination of operations.
Chapter III Maintenance and Operation
Twenty-first motor vehicle maintenance operators shall carry out maintenance services in accordance with the approved administrative licensing matters. Article 22 A motor vehicle maintenance operator shall hang a motor vehicle maintenance business license and a motor vehicle maintenance signboard at a prominent position in the business premises (see Annex 1). "Motor vehicle maintenance signs" by motor vehicle maintenance operators in accordance with the unified style and requirements of their own production. Twenty-third motor vehicle maintenance operators shall not modify motor vehicles, repair scrapped motor vehicles, and assemble motor vehicles with accessories. If the consignor requests to change the color of the motor vehicle body, replace the engine, body and frame, he shall go through the relevant procedures in accordance with the provisions of relevant laws and regulations, and the motor vehicle maintenance operator can undertake the repair only after checking the relevant procedures. Twenty-fourth motor vehicle maintenance operators should strengthen the safety education and professional ethics education for employees to ensure safe production. Motor vehicle maintenance practitioners shall implement the operating rules for motor vehicle maintenance and safety production, and shall not operate illegally. Twenty-fifth motor vehicle maintenance waste shall be disposed of in accordance with the relevant provisions of the state. Twenty-sixth motor vehicle maintenance operators should publish the motor vehicle maintenance man-hour quota and charging standards, and collect fees reasonably. Motor vehicle maintenance man-hour quota can be implemented in accordance with the standards uniformly formulated by provincial motor vehicle maintenance associations and other industry intermediary organizations, or in accordance with the standards after motor vehicle maintenance operators report to local road transport management institutions for the record, or in accordance with the standards published by motor vehicle manufacturers. If the above standards are inconsistent, the filing standards of motor vehicle maintenance operators shall be given priority. Motor vehicle maintenance operators shall report the unit price standard of motor vehicle maintenance hours to the local road transport management institution for the record. Motor vehicle manufacturers are obliged to announce their maintenance technical information and man-hour quota to the public within six months after the new model is put on the market. The specific requirements shall be implemented in accordance with the provisions of the relevant state departments on the disclosure of automobile maintenance technical information. Twenty-seventh motor vehicle maintenance operators shall use the prescribed settlement bills to deliver the maintenance settlement list to the entrusting party. In the maintenance settlement list, the working hours and material expenses shall be calculated separately. The standard format of the maintenance settlement list shall be formulated by the Ministry of Transport. If the motor vehicle maintenance operator fails to issue settlement bills and settlement lists according to the regulations, the entrusting party has the right to refuse to pay the fees. Twenty-eighth motor vehicle maintenance operators shall submit statistical data to the road transport management institution in accordance with the provisions. Road transport management institutions shall keep business secrets for motor vehicle maintenance operators. Article 29 The headquarters of a motor vehicle maintenance chain operation enterprise shall, in accordance with the requirements of unified procurement, unified distribution, unified identification, unified management policies, unified service standards and prices, establish chain operation specifications and management manuals, strengthen supervision and restraint on the operation behavior of chain operation service outlets, and put an end to irregular operation behaviors.
Chapter IV Quality Management
Thirtieth motor vehicle maintenance operators shall carry out maintenance in accordance with national, industrial or local maintenance standards and norms. If there are no standards or specifications, you can refer to the maintenance manuals, operating instructions and related technical data provided by motor vehicle manufacturers for maintenance. Thirty-first motor vehicle maintenance operators shall not use fake and inferior parts to maintain motor vehicles. Motor vehicle maintenance parts to implement traceability system. Motor vehicle maintenance operators shall record the purchase and use information of spare parts, check the product certificate and other relevant certificates, and keep the source certificate of spare parts as required. Clients and maintenance operators can use homogeneous parts to maintain motor vehicles. Homogeneous parts refer to parts whose product quality is equal to or higher than the standard requirements of loading parts and have good loading performance. Motor vehicle maintenance operators shall entrust repairers to handle the replaced parts and assemblies themselves. Motor vehicle maintenance operators shall mark the original parts, sub-factory parts and repair parts respectively, and clearly mark the price for users to choose. Thirty-second motor vehicle maintenance operators to carry out secondary maintenance, assembly repair, vehicle repair, should implement the system of diagnosis and inspection before maintenance, maintenance process inspection and completion quality inspection. Motor vehicle maintenance enterprises or motor vehicle comprehensive performance testing institutions that undertake the quality inspection of motor vehicle maintenance completion shall use the equipment that meets the relevant standards and is within the validity period of verification, conduct testing according to the relevant standards, truthfully provide proof of the test results, and bear legal responsibility for the test results. Thirty-third motor vehicle maintenance quality inspection, maintenance quality inspection personnel shall issue a "motor vehicle maintenance completion factory certificate" (see Annex 2); A motor vehicle that has not issued a certificate of completion of motor vehicle maintenance shall not be delivered for use, and the owner may refuse to pay or pick up the car. The factory certificate of motor vehicle maintenance completion shall be uniformly printed and numbered by the provincial road transport management institution, and issued and managed by the county road transport management institution according to the regulations. It is forbidden to forge, resell or lend the factory certificate of motor vehicle maintenance completion. Thirty-fourth motor vehicle maintenance operators shall establish motor vehicle maintenance files and implement electronic file management. Maintenance files should include: maintenance contracts (orders), maintenance items, maintenance personnel, maintenance settlement list, etc. For secondary maintenance, assembly repair and vehicle repair of motor vehicles, the maintenance files shall also include: quality inspection sheets, quality inspectors, completion certificates and factory certificates (copies), etc. Motor vehicle maintenance operators shall truthfully fill in and timely input the electronic data of motor vehicle maintenance into the relevant national automobile electronic health record system. Motor vehicle manufacturing enterprises or third parties that develop and provide motor vehicle maintenance service management systems shall open corresponding data interfaces to the automobile electronic health record system. Motor vehicle maintenance party has the right to consult motor vehicle maintenance files. Thirty-fifth road transport management institutions should strengthen the management of professional and technical personnel of motor vehicle maintenance, and strictly implement the assessment management system for professional and technical personnel. Specific measures for the examination and management of professional and technical personnel of motor vehicle maintenance shall be formulated separately. Thirty-sixth road transport management institutions should strengthen the quality supervision and management of motor vehicle maintenance and operation, and adopt the methods of regular inspection and random sampling inspection to supervise the maintenance quality of motor vehicle maintenance operators. The road transport management institution may entrust a legally qualified motor vehicle maintenance quality supervision and inspection unit to supervise and inspect the quality of motor vehicle maintenance. Thirty-seventh motor vehicle maintenance to implement the quality guarantee period system. The warranty period for vehicle repair or assembly repair of automobiles and dangerous goods transport vehicles is 20,000 kilometers or 100 days; The quality guarantee period of secondary maintenance is 5000 kilometers or 30 days for the vehicle; The quality guarantee period of first-class maintenance, minor repairs and special repairs is 2000km or 10 day. The warranty period of motorcycle repair or assembly repair is 7000 kilometers or 80 days; The warranty period for maintenance, minor repairs and special repairs is 800km or 10 day. The quality guarantee period of other motor vehicles for vehicle repair or assembly repair is 6000 kilometers or 60 days; The warranty period for maintenance, minor repairs and special repairs is 700 kilometers or 7 days for motor vehicles. Mileage and date indicators within the warranty period shall be subject to the first one. The warranty period of motor vehicle maintenance quality is calculated from the date of completion of maintenance and delivery. Article 38 During the quality guarantee period and the promised quality guarantee period, if the motor vehicle can't be used normally due to the maintenance quality, and the repairer can't or can't provide relevant evidence that the motor vehicle can't be used for non-maintenance reasons within 3 days, the motor vehicle maintenance operator shall timely repair it free of charge, and shall not deliberately delay or unreasonably refuse. During the quality guarantee period, if the motor vehicle cannot be used normally due to the same fault or maintenance project after two repairs, the motor vehicle maintenance operator shall be responsible for contacting other motor vehicle maintenance operators and bear the corresponding repair costs. Thirty-ninth motor vehicle maintenance operators shall publicize the promised motor vehicle maintenance quality guarantee period. The promised quality guarantee period shall not be less than the provisions of Article 37. Fortieth road transport management institutions shall, in accordance with the maintenance contract and relevant regulations, accept complaints about motor vehicle maintenance quality and actively mediate maintenance quality disputes. Article 41 Both parties to a motor vehicle maintenance quality dispute have the obligation to protect the original state of the vehicle. When necessary, the relevant parts of the vehicle can be disassembled and inspected, but both parties should be present at the same time, which is the same as the approved disassembly inspection. Article 42 Where the identification of motor vehicle maintenance quality responsibility requires technical analysis and appraisal, and both the repairer and the entrusted party request the road transport management institution to coordinate, the road transport management institution shall organize an expert group or entrust a testing institution with legal testing qualification to conduct technical analysis and appraisal. The appraisal fee shall be borne by the responsible party. Forty-third motor vehicle maintenance operators to implement the quality credit evaluation system. Measures for assessing the credibility of motor vehicle maintenance quality shall be formulated separately. The contents of the credit evaluation of motor vehicle maintenance quality shall include the basic situation of the operator, business performance (including rewards) and bad records. Forty-fourth road transport management institutions shall establish credit files of motor vehicle maintenance enterprises. The credit evaluation result of motor vehicle maintenance quality is an important part of motor vehicle maintenance credit file. The credit information of motor vehicle maintenance enterprises established by road transport management institutions shall be made public for public inspection according to law, except those involving state secrets and commercial secrets.
Chapter V Supervision and Inspection
Forty-fifth road transport management institutions should strengthen the supervision and inspection of motor vehicle maintenance and business activities. The road transport management institution shall perform its supervisory duties on the maintenance business license obtained by the maintenance operator according to law, and regularly check the registration items and licensing conditions of the license. If the contents of the license registration change, it shall be changed in time according to law; Those who do not meet the statutory conditions shall be ordered to make corrections within a time limit. The staff of the road transport management institution shall conduct supervision and inspection in strict accordance with their duties, authority and procedures, and shall not abuse their powers, engage in malpractices for selfish ends, and shall not charge or impose fines. Forty-sixth road transport management institutions should actively use information technology to carry out motor vehicle maintenance management scientifically and efficiently. Article 47 When law enforcement officers of road transport management institutions carry out supervision and inspection in motor vehicle maintenance and business premises, there shall be two or more participants, and show the traffic administrative law enforcement certificates supervised by the Ministry of Transport to the parties. When carrying out supervision and inspection, the road transport management institution may take the following measures: (1) asking the parties concerned or relevant personnel to provide relevant information; (two) query, copy the maintenance account, bills, vouchers, documents and other information related to illegal acts, and check the technical information related to illegal acts; (3) Taking photos and taking video cameras to collect evidence in places where illegal acts are found; (four) to check the situation of maintenance equipment and related machines and tools related to illegal acts. The inspection and treatment results shall be recorded and filed as required. The parties concerned have the right to consult the supervision and inspection records. Forty-eighth units and individuals engaged in motor vehicle maintenance business activities, should consciously accept the inspection of road transport management institutions and their staff, truthfully reflect the situation and provide relevant information.
Chapter VI Legal Liability
Forty-ninth in violation of the provisions of these measures, one of the following acts, engaging in motor vehicle maintenance related business activities without authorization, shall be ordered by the road transport management institution at or above the county level to stop 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 6,543,800 yuan, a fine of 20,000 yuan to 50,000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) illegally engaging in motor vehicle maintenance and operation without obtaining the license for motor vehicle maintenance and operation; (2) illegally engaging in motor vehicle maintenance business by using an invalid, forged or altered motor vehicle maintenance business license; (three) beyond the licensing matters, illegally engaged in motor vehicle maintenance and management. Article 50 Where a motor vehicle maintenance operator illegally transfers or leases a motor vehicle maintenance business license in violation of the provisions of these Regulations, the road transport management institution at or above the county level shall order him to stop the illegal act, collect the relevant documents for transfer or lease, and impose a fine of more than 2,000 yuan and 654.38+0,000 yuan; If there are illegal gains, the illegal gains shall be confiscated. If the transferee accepts illegal transfer or lease, it shall be punished in accordance with the provisions of Article 49. Article 51 In violation of these regulations, if motor vehicle maintenance operators use fake and inferior parts to repair motor vehicles, repair scrapped motor vehicles or modify motor vehicles without authorization, the road transport management institution at or above the county level shall order them to make corrections and confiscate fake and inferior parts and scrapped vehicles; 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 6.5438+0 million yuan, a fine of more than 20,000 yuan and less than 50,000 yuan will be imposed, and fake parts and scrapped vehicles will be confiscated; If the circumstances are serious, the original licensing authority shall revoke its business license; If a crime is constituted, criminal responsibility shall be investigated according to law. Fifty-second in violation of the provisions, motor vehicle maintenance operators issued false or not issued a certificate of completion of motor vehicle maintenance, the road transport management institution at or above the county level shall order it to make corrections; 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 3,000 yuan, a fine of 5,000 yuan to 20,000 yuan shall be imposed; If the circumstances are serious, the licensing authority shall revoke its business license; If a crime is constituted, criminal responsibility shall be investigated according to law. Fifty-third in violation of the provisions of any of the following acts, the road transport management institution at or above the county level shall order it to make corrections within a time limit; If it fails to make rectification within the time limit, it shall be notified: (1) the motor vehicle maintenance operator fails to implement the motor vehicle maintenance quality guarantee period system in accordance with the regulations; (two) motor vehicle maintenance operators did not carry out maintenance operations in accordance with the relevant technical specifications; (three) forging, lending or reselling the certificate of completion of motor vehicle maintenance; (four) motor vehicle maintenance operators only charge no maintenance or falsely report maintenance work items; (five) the motor vehicle maintenance operator fails to hang the motor vehicle maintenance business license and motor vehicle maintenance signboard in a prominent position in the business premises; (six) the motor vehicle maintenance operator has not announced the charging items, working hours quota and working hours unit price in the business premises; (seven) motor vehicle maintenance operators exceed the published settlement time quota, and charge the maintenance party the unit price of settlement time; (eight) the motor vehicle maintenance operator fails to establish electronic maintenance files in accordance with the provisions, or fails to upload the maintenance electronic data records to the relevant national automobile electronic health record system in time; (nine) in violation of other relevant provisions of these Provisions. Fifty-fourth in violation of the provisions of this regulation, the road transport management institution staff in any of the following circumstances, shall be given administrative sanctions by the transportation department of the local people's government at the same level according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to implement the administrative license in accordance with the prescribed conditions, procedures and time limit; (two) to participate in or participate in the motor vehicle maintenance business in disguise; (three) did not promptly investigate and deal with illegal acts; (4) soliciting or accepting other people's property or seeking other benefits; (five) other violations of law and discipline.
Chapter VII Supplementary Provisions
Fifty-fifth foreign investors applying for Sino-foreign joint ventures, Sino-foreign cooperation and wholly-owned investment in motor vehicle maintenance and operation within the territory of People's Republic of China (PRC) shall abide by the Provisions on the Administration of Foreign Investment in Road Transportation and the provisions of relevant laws and regulations. Fifty-sixth motor vehicle maintenance business license and other related documents by the financial department of the provincial people's government, the price department in conjunction with the transportation department at the same level for approval. Article 57 These Provisions shall come into force as of August 6, 2005. With the consent of the National Development and Reform Commission and the State Administration for Industry and Commerce, the Interim Measures for the Administration of Automobile Maintenance Industry issued by the Ministry of Communications, the former State Economic Commission and the former State Administration for Industry and Commerce on February 12, 2002 and the Interim Measures for the Administration of Automobile Maintenance Industry issued by the Ministry of Communications on April 10, 2004 shall be abolished at the same time.
Attachment 1: signs for motor vehicle maintenance (omitted)
Appendix 2: Ex-factory Certificate of Motor Vehicle Maintenance Completion (omitted)