Notice of Shenzhen Municipal Bureau of Transport on Printing and Distributing the Administrative Measures of Shenzhen on Integrity Evaluation of Road Passenger Transport Drivers (Trial)

SJG (2019) No.1

　　In order to strengthen the management of integrity information of road passenger transport drivers in Shenzhen and do a good job in integrity evaluation of road passenger transport drivers in Shenzhen, we have formulated the Administrative Measures of Shenzhen on Integrity Evaluation of Road Passenger Transport Drivers (Trial), which is hereby printed and distributed. Please earnestly abide by them.

　　Notice is hereby issued.

Shenzhen Municipal Bureau of Transport

January 30, 2019

Administrative Measures of Shenzhen on Integrity Evaluation of Road Passenger Transport Drivers (Trial)

Chapter I General Provisions

　　Article 1 In order to strengthen the dynamic supervision and control of road passenger transport drivers, promote the construction of integrity system of road passenger transport drivers, establish and improve incentive mechanisms for integrity and punishment mechanisms for dishonesty, guide road passenger transport drivers to work safely, act according to law, be honest and trustworthy, and provide high-quality service, the Measures is formulated in accordance with the Opinions of the State Council on Strengthening Road Traffic Safety, the Measures of the Ministry of Transport on the Integrity Evaluation of Road Transport Drivers (Trial), the Administrative Measures of the Department of Transport of Guangdong Province on the Integrity Evaluation of Road Transport Drivers and other relevant provisions, and in combination with the actual situation in Shenzhen.

　　Article 2 The Measures shall be observed in evaluating the integrity of drivers engaged in road passenger transport in Shenzhen.

　　The term "drivers engaged in road passenger transport" as mentioned in the Measures refers to road passenger transport drivers who have legally obtained the Qualification Certificate for Road Transport Practitioners and are engaged in road passenger transport services in this Municipal.

　　The term "integrity evaluation" as mentioned in the Measures refers to the comprehensive evaluation of road passenger transport drivers' work safety, observing law and discipline, quality of service and other conditions in the course of road passenger transport operations.

　　Article 3 The principles of fairness, impartiality, openness and convenience shall be followed in evaluating the integrity of road passenger transport drivers.

　　Article 4 Shenzhen Municipal Bureau of Transport shall be responsible for organizing and leading the integrity evaluation of road passenger transport drivers in the whole city.

　　The integrity evaluation of road passenger transport drivers shall be carried out by Shenzhen Municipal Bureau of Transport in conjunction with the transport bureaus of various jurisdictions in accordance with the Measures and the division of responsibilities.

Chapter II Information of Integrity Evaluation

　　Article 5 The main contents of the integrity evaluation of road passenger transport drivers include:

　　(1) Work safety: hidden dangers of work safety, accidents of responsibility for work safety and other relevant situations;

　　(2) Observing law and discipline: observe relevant laws, regulations, rules and provisions;

　　(3) Quality of service: quality of service events, complaints with responsibilities and other relevant information;

　　(4) Honors and commendations: reports and commendations by the news media and competent departments at or above the municipal level;

　　(5) Good people and good deeds: including such related situations as returning money found, doing righteous deeds bravely, and participating in public welfare tasks;

　　(6) Driver's employment information: including basic information on driver's employment qualifications, company evaluation, work experience and other relevant information;

　　(7) Information of other institutions: including information related to integrity recorded by public security organ, judicial organ, petition and other systems or institutions;

　　The integrity evaluation of road passenger transport drivers can be divided into two types: dishonesty information and integrity information.

　　Article 6 The integrity information of road passenger transport drivers shall be obtained from the following sources:

　　(1) Relevant information on the integrity of road passenger transport drivers obtained by the competent traffic and transport department of Guangdong Province in the course of performing its duties;

　　(2) Information on road traffic violations and road traffic accidents provided by public security traffic management departments;

　　(3) Traffic surveillance video data, integrity-related information of road passenger transport drivers recorded by vehicle travel recorder or satellite positioning system;

　　(4) Information on violation of laws and regulations by road passenger transport drivers, which is copied from other provinces;

　　(5) The effective complaint information of the masses collected by the competent traffic and transport department in Shenzhen that conforms to the evaluation indicators of the Measures;

　　(6) Relevant integrity information exposed by the news media and verified by the competent traffic and transport department;

　　(7) Relevant information on driver integrity collected and reported by road passenger transport enterprises;

　　(8) Relevant information on integrity of road passenger transport drivers provided by other departments.

　　Article 7 Shenzhen Municipal Bureau of Transport shall be responsible for the construction and management of the integrity management information system for road passenger transport drivers of this municipal (hereinafter referred to as the integrity management system), and may collect and input integrity-related information such as provincial notices and media exposures.

　　The transport sub-bureau under the jurisdiction of Shenzhen Municipal Bureau of Transport shall be responsible for organizing the collection, verification and input of integrity information of road passenger transport drivers.

　　The road passenger transport enterprise is responsible for inputting and updating the drivers' professional information such as violation check, employment, dismissal and transfer, and the drivers' integrity information related to the evaluation indicator through the integrity management system.

　　Article 8 The collection of integrity information of road passenger transport drivers shall embody the principles of fairness and impartiality and ensure the truthfulness and objectivity of the information. In principle, the driver's integrity information shall be input within 10 working days after the verification of the responsibility of the event. The input information shall be comprehensive, accurate and timely. Once input, it shall not be modified or adjusted without authorization.

　　Article 9 The integrity management system shall set up the driver's personal integrity files, which mainly include the supporting materials of the driver's integrity information, the qualification certificates of the integrity education and the drivers' previous integrity levels.

　　Article 10 The integrity evaluation of road passenger transport drivers shall be conducted once a year, and the evaluation period shall be from January 1 to December 31 of each year.

　　Shenzhen Municipal Bureau of Transport shall publicize the integrity scores of road passenger transport drivers of this municipal on the integrity service platform on a quarterly basis, and the publicity period shall be 15 days.

　　The driver concerned has the right to state and defend himself. If a defense is filed against the driver concerned, the defense shall be filed with the transport bureau within the jurisdiction within the period of public notice. The transport bureau within the jurisdiction shall conduct a comprehensive examination of the driver's statement, defense opinions and supporting materials. If the facts, reasons or evidences put forward by the driver concerned are established, transport bureau within the jurisdiction shall supplement and correct them in the integrity management system.

　　Article 11 The evaluation results of drivers' integrity shall be announced to the public on the integrity service platform by Shenzhen Municipal Bureau of Transport before March 31 of the following year of the evaluation cycle.

Chapter III Grade of Integrity Evaluation

　　Article 12 The integrity evaluation of road passenger transport drivers shall be based on a scoring system, with a full score of 20. At the end of one evaluation cycle, the integrity grade shall be evaluated, and the scores in the evaluation cycle shall be cleared and shall not be transferred to the next evaluation cycle.

　　The scores of drivers' integrity evaluation indicators are divided into five types: 20, 10, 5, 3 and 1.

　　If two or more integrity evaluation indicators are involved in the same illegal act of the driver, the scores shall be calculated and accumulated separately.

　　Please refer to the Annex for the specific contents and scoring standards of the integrity evaluation indicators.

　　Article 13 Road passenger transport drivers' integrity rating shall be excellent, qualified, basically qualified and unqualified, which shall be expressed as AAA, AA, A and B respectively. Specific criteria are as follows:

　　(1) Road passenger transport drivers shall have an AAA integrity rating if they meet the following requirements:

　　1. The integrity level of the previous evaluation cycle is AA and above;

　　2. The accumulative score value in the evaluation cycle is 0 or less.

　　(2) The integrity level of road passenger transport drivers shall be AA if they meet the following requirements:

　　1. The driver has not yet reached the evaluation condition of Grade AAA;

　　2. The integrity level of the previous evaluation cycle is Grade A and above;

　　3. The accumulative score within the evaluation cycle did not reach 10 points.

　　(3) The integrity level of road passenger transport drivers shall be Grade A if they meet the following requirements:

　　1. The driver has not yet reached the evaluation condition of Grade AA;

　　2. The accumulative score value in the evaluation cycle is less than 20 points or more.

　　(4) If the accumulative score of road passenger transport drivers reaches 20 or more points within the evaluation period, the integrity rating shall be Grade B.

　　Article 14 Road passenger transport drivers who take part in the integrity evaluation for the first time or who do not register their professional qualifications with the professional qualification certificates issued by this Municipal shall be uniformly recognized as Grade A if the accumulated score does not reach 20 points within the evaluation period, and recognized as Grade B if the accumulated score reaches 20 points or more.

Chapter IV Management of Integrity Evaluation

　　Article 15 Road passenger transport drivers who have accumulated a score of 20 points in the evaluation cycle shall receive special continuing education of not less than 18 school hours within 60 days from the date of the publication of the integrity evaluation results in accordance with the relevant requirements of the Department of Transportation of Guangdong Province.

　　Article 16 The transport bureau within the jurisdiction where the driver service unit for road passenger transport is located shall examine and verify the qualification certificate of the driver for special continuing education, and clear up the integrity score of the driver, except as otherwise provided by laws and regulations. During the integrity evaluation period, the integrity evaluation grade of the road transport driver is Grade B.

　　Article 17 Road passenger transport drivers under any of the following circumstances shall be included in the dishonesty list in the industry and shall be made public through the integrity service platform:

　　(1) The accumulative score reaches 20 points within the evaluation cycle, and he/she fails to participate in the special continuing education in the following year as required;

　　(2) The accumulative score reaches 20 points twice or more within the evaluation period;

　　(3) The integrity rating of two consecutive evaluation cycles is Grade B;

　　(4) The driving qualification is revoked or cancelled.

　　The dishonesty list shall be valid for two years and the driver shall be removed from the dishonesty list at the expiration of the period of validity and in the event that the provisions of this article are no longer complied with.

　　For road transport drivers whose integrity rating is B for three consecutive evaluation cycles or who have scored 20 points for more than three times in one evaluation cycle, in accordance with the provisions of Article 28 of the Measures for Integrity Evaluation of Road Transport Drivers (Trial) issued by the Ministry of Transport, the original licensing authority shall revoke its qualifications and cancel its certificates of qualifications in accordance with the law in case he/she does not meet the conditions for work safety.

　　Article 18 Road passenger transport drivers under the following circumstances shall not offset the deduction with the "Honors and Commendations" score, shall be directly included in the dishonesty list in the industry, and be made public through the integrity service platform:

　　(1) A traffic accident that causes serious injury or death to one or more persons occurs, and the driver shall bear the same or more responsibilities;

　　(2) There is a hidden danger of a major accident and no immediate measures are taken to eliminate it, and the driver continues to drive;

　　(3) Intentionally destroying satellite positioning devices and malicious human interference, shielding satellite positioning device signals, or forging, tampering with or deleting satellite positioning data;

　　(4) Deduction items of 12 points for violations of road traffic safety.

　　(5) Obtaining driving qualification certificates by improper means;

　　(6) Driving a road passenger transport vehicle with invalid, forged or altered qualification certificates;

　　(7) Driving a vehicle that fails to insure the carrier's liability insurance in accordance with the provisions to engage in road passenger transportation business activities. According to the Administrative Measures of the Department of Transportation of Guangdong Province on the Integrity Evaluation of Road Transport Enterprises, the information is included in the integrity evaluation of enterprises.

　　(8) Disturbing social order and causing serious adverse social effects;

　　(9) Whoever is exposed to the public by the media and has a major adverse social impact;

　　(10) Whoever is investigated for criminal responsibility according to law:

　　(11) Whoever conforms to the relevant regulations of the superior traffic and transport department or is included in the dishonesty list of the prefecture or city sharing integrity information with this municipal.

　　Article 19 Road passenger transport drivers who have but are not limited to any of the following circumstances shall be included in the integrity list in the industry and shall be made public through the integrity service platform:

　　(1) The integrity rating is AAA for three consecutive years;

　　(2) The integrity rating over the years shall not be lower than the AA rating and shall be commended at or above the provincial level;

　　(3) The integrity rating over the years is not lower than Grade AA, and the driver shall obtain the title of senior worker in the skill appraisal or competition of municipal level or above;

　　(4) The integrity rating over the years shall not be lower than the Grade AA, and the driver shall be positively reported by the news media at or above the municipal level, thereby having a great positive impact on the industry.

　　Article 20 The transport bureau within the jurisdiction shall provide convenient services to the public, such as inquiries and printing of integrity information of road passenger transport drivers, which do not involve personal privacy. The range of information to be queried and printed includes the name, qualification certificate number, employment information, and the contents of events related to the integrity evaluation information.

　　Article 21 Road passenger transport enterprises shall be notified to the public by the municipal competent traffic and transport department if their drivers have a integrity rating of Grade B of more than 20% in a year, and shall not be regarded as the object of commendation and appraisal of the road transport industry.

　　Road passenger transport enterprises shall be notified to the public by the provincial department of transportation if their drivers have a integrity rating of Grade B of more than 20% within two consecutive years, and the competent department shall not approve its increase of the traffic capacity within one year in accordance with Article 29 of the Measures for Integrity Evaluation of Road Transport Drivers (Trial) issued by the Ministry of Transport.

　　Article 22 Road passenger transport enterprises shall strengthen the integrity education and management of their drivers, grasp the integrity evaluation results of drivers of the unit in a timely manner, and use it as an important basis for employment, training, dismissal, salary, adjustment of posts and awards. The drivers who are included in the dishonesty list in the industry and whose integrity level is Grade B shall be transferred out of the drivers' posts when necessary.

　　Road passenger transport enterprises should give priority to drivers who are included in integrity list and have AAA integrity rating in hiring, rewarding, and evaluating their merits.

　　Article 23 Shenzhen Municipal Bureau of Transport and road passenger transport enterprises shall assign special persons to be responsible for integrity evaluation. Staff members shall strictly abide by the Measures and carry out their work conscientiously, meticulously and normatively. In case of fraud, malpractice for personal gain, abuse of power or neglect of duty, they shall be investigated for responsibility according to law.

Chapter V Supplementary Provisions

　　Article 24 Drivers and road passenger transport enterprises incorporated into the management in good faith in accordance with the Measures shall not be exempted from their obligations and legal liabilities under the law.

　　Article 25 The Measures shall be interpreted by Shenzhen Municipal Bureau of Transport and shall be effective for three years as of February 15, 2019.

　　Annex: Evaluation Indicator and Score Table of Credit of Road Passenger Transport Drivers in Shenzhen