北京市汽车租赁管理办法

(Promulgated by Decree No. 243 of the People’s Government of Beijing Municipality on March 1, 2012)

Article 1 These Measures are formulated for the purposes of regulating automobile lease activities, maintaining the order of automobile lease market, protecting the legal rights and interests of relevant parties in automobile lease, safeguarding the social and public safety, and promoting the healthy development of automobile lease industry in accordance with relevant laws and regulations and in light of the particular circumstances of this Municipality.

Article 2 These Measures shall apply to the automobile lease activities and supervision and administration thereof within the administrative area of this Municipality.
As used in these Measures, “automobile lease” refers to the operation activities of operators’ delivering automobiles without being equipped with drivers to the lessees for use within the agreed periods of time and charging the lease fee.

Article 3 The administrative department for traffic at the municipal level shall be responsible for the administration of automobile lease in this Municipality. The administrative departments for traffic in outer suburb districts or counties shall be responsible for the administration of automobile lease within their respective administrative areas.
The law enforcement organs of the administrative department for traffic at the municipal level shall be responsible for the administrative law enforcement on automobile lease in the downtown area.
The public security organs shall, in accordance with law, be responsible for the supervision and administration of internal security of enterprises engaged in operation of automobile lease, guiding and urging such enterprises to establish and perfect the system on identification inspection and registration of lessees, and implement such security precautions as installing positioning devices on automobiles for lease.
The administrative departments for industry and commerce shall, according to their functions and duties, carry out the supervision and administration of automobile lease activities in accordance with law.

Article 4 This Municipality shall, according to the principles of uniform planning, quantity control and safe services, promote scaled, concentrated and networking development of the automobile lease industry and perfect the functions of urban transport services.
Automobile lease operators are encouraged to cooperate with peers in this Municipality and in other regions to engage in such businesses as reservation services and e-commerce. Automobile lease operators are encouraged to provide sharing services in automobile lease.

Article 5 The administrative department for traffic at the municipal level shall, together with relevant administrative departments and associations in the automobile lease industry, formulate the standards for operational services and safety administration in automobile lease and organize the implementation of such standards.

Article 6 The administrative department for traffic at the municipal level shall establish the information system of automobile lease services and administration and share the administration information with relevant departments such as public security organs and administrative departments for industry and commerce to implement the informationized administration of the automobile lease industry and provide information services to the public.
Automobile lease operators shall be equipped with equipment and facilities related to informationized services, and timely transmit the information on safe services to the information system of automobile lease services and administration.
Article 7 This Municipality adopts the annual quality and credit assessment system on automobile lease operators, and makes the comprehensive evaluation of such operators in such aspects as work safety, operational behaviors, service quality, management level and performance of social responsibilities. The results of such annual quality and credit assessment shall be made public to the society.

Article 8 This Municipality encourages the automobile lease industry to implement self-discipline and encourages industrial organizations for automobile lease to establish and perfect the self-discipline system in the whole industry to regulate and guide the operational behaviors of automobile lease operators, organize automobile lease operators in carrying out credit construction, improve the service quality of automobile lease operators, safeguard the legal rights and interests of automobile lease operators, and participate in the discussion, formulation, publicity and implementation of relevant regulations, policies and standards on the administration of automobile lease.

Article 9 Any operator engaged in automobile lease operations shall register for the record at the administrative department for traffic at the municipal level or the administrative department for traffic in outer suburb districts or counties as stipulated within 30 days after obtaining the business license.
When registering for the record, it shall submit the following materials:
(1) the legal person registration certificate;
(2) the tax registration certificate;
(3) the ownership certificate or certificate of legally rented business site; and
(4) the systems on operational services and safety administration of enterprises.
Where the materials submitted by the operator are complete, the administrative department for traffic at the municipal level or the administrative department for traffic in outer suburb districts or counties shall issue the certificate for registration of automobile lease operations for the record.
After purchasing an automobile, the operator shall register the automobile for the record at the original registration department, and submit the passing permit of the automobile and checklist of operational equipment and facilities. The original registration department shall issue the certificate for registration of automobile for the record to the registered automobile.

Article 10 Where there is any change to the registered items, the operator shall register for the record the modification at the original registration department within 15 days after the change happens.

Article 11 This Municipality adopts the quantity control over passenger cars for lease. The annual increase of passenger cars for lease shall be determined by the administrative department for traffic at the municipal level after comprehensive consideration according to the goals for development of lease industry and planning for transport development of this Municipality as well as the requirements on quantity control over passenger cars in the whole city, and promulgated to the society.

Article 12 Where any automobile lease operator applies for new quotas of passenger cars for lease, it shall meet the following conditions:
(1) having registered for the record in accordance with the provisions of Article 9 of these Measures;
(2) being qualified in the annual quality and credit assessment for the previous year; and
(3) having paid taxes in full amount in this Municipality in the previous year.
Items two and three of the preceding paragraph shall not apply to the application for new quotas of passenger cars by nay newly established automobile lease operator.

Article 13 New quotas for passenger cars shall be allocated free of charge according to the principles of openness and justness. The administrative department for traffic at the municipal level shall draft the quota allocation scheme according to the goals for development of lease industry and the results of quality and credit assessment, finalize it and implement it after soliciting the opinions of industrial organizations for automobile lease and automobile lease operators. The quota allocation scheme and allocation results shall be made public to the society.

Article 14 Automobile lease operators shall abide by the following provisions:
(1) to specify service items, charging standards, automobile insurances, car rent process and supervision telephones at obvious places in their business site;
(2) to charge the lease fee as to the agreed price;
(3) to carry out automobile testing and maintenance as stipulated, and ensure that the automobiles for lease have good technical functions and meet the conditions for safe driving;
(4) to establish and perfect the rescue service systems, and timely provide rescue services as agreed when the automobiles have breakdowns or accidents happen during the lease term;
(5) to establish the archives on management of lease operations and management of automobiles, and submit the information about management data as stipulated;
(6) to establish and improve the management systems for operational services, security protection and fire control, etc.; and
(7) other relevant provisions of the State and this Municipality.

Article 15 The automobiles for lease shall meet the following requirements:
(1) having complete and valid plates and passing permits, and owned by the automobile lease operator;
(2) being covered by the corresponding insurances in accordance with the provisions of the State;
(3) having been installed positioning devices;
(4) having good technical functions and meeting the conditions for safe driving; and
(5) being equipped with effective fire extinguishers for automobiles, warning signs for cars in trouble and necessary repair tools.

Article 16 Both parties of the automobile lease shall enter into written lease contracts. The contents of contracts shall include such clauses as usage of automobiles, lease term, lease fee and manner of payment, hand-over of automobiles, manner of guarantee, automobile maintenance and repair responsibility, automobile insurance, risk-taking, breach liability and manner for dispute settlement.
The administrative department for traffic and the administrative department for industry and commerce at the municipal level shall, together with the industrial organizations for automobile lease, organize the formulation of the model text of Automobile Lease Contract of Beijing Municipality.

Article 17 When leasing automobiles, the automobile lease operators shall check up the identification information of the lessees, register and enter such information into the information system of services and administration, take confidentiality measures on such information and let such information undisclosed.

Article 18 The lessees shall abide by the following provisions:
(1) to provide legal, truthful and valid identification information;
(2) to take good care of the automobiles and auxiliary facilities, and drive the automobiles according to the operational rules;
(3) to bring along relevant certificates of the automobiles leased;
(4) not to use leased automobiles to transport articles whose transportation is prohibited or restricted by laws and regulations, or not be engaged in other illegal or criminal activities; and
(5) not to mortgage, sell or release the automobiles leased.

Article 19 Where any automobile has a breakdown in traffic accident during the lease term, the lessee and the automobile lease operator shall shoulder the corresponding compensation responsibility according to the agreement in the lease contract; where there is no relevant agreement in the lease contract, they shall shoulder the corresponding responsibilities in accordance with the provisions of laws and regulations.

Article 20 Where any automobile lease operator finding that any lessee uses the leased automobile to engage in such illegal activities as illegal transportation, it shall have the right to refuse to enter into the lease contract or to terminate the performance of the lease contract.
Where any operator finding that any lessee uses the leased automobile to engage in illegal or criminal activities, it shall timely make a report to relevant departments.

Article 21 Where any automobile lease operator falls in any of the following circumstances, it will be unqualified in the annual quality and credit assessment:
(1) a serious work safety accident occurs, which is determined to be a liability accident upon investigation;
(2) it shoulders major responsibility in a public order case and is punished by the public security organ in accordance with law;
(3) it commits a serious illegality in operation and is punished by relevant department in accordance with law;
(4) its business site, equipment and facilities, and automobiles for lease fail to meet the provisions in these Measures and it refuses to make corrections after being punished in accordance with law; or
(5) its service behaviors in operation fail to meet the provisions in these Measures, and it refuses to make corrections after being punished in accordance with law.
If any automobile lease operator is unqualified in the annual quality and credit assessment for the previous year, relevant departments shall suspend handling the procedures for quota of renewed automobiles for this year.

Article 22 The law enforcement organ in traffic at the municipal level and the administrative departments for traffic in outer suburb districts or counties shall establish the complaint system on the quality of automobile lease services, and make public such contact information as complaint telephones, e-mail boxes and mail addresses.
After receiving complaints or reports, the law enforcement organ in traffic at the municipal level and the competent administrative departments for traffic in outer suburb districts or counties shall timely deal with the matters in accordance with law, and feed back the results to the complainants or reporters.
Article 23 Whichever, in violation of the provisions of Article 9 of these Measures, engages in automobile lease operations without registering for the record its operations or automobiles shall be ordered to handle the registration for the record within a prescribed time limit by the law enforcement organ in traffic at the municipal level or the administrative department for traffic in outer suburb districts or counties; where it fails to do so beyond the time limit, it shall be imposed upon a fine of not less than 10,000 Yuan but not more than 30,000 Yuan.

Article 24 Whichever, in violation of the provisions of Article 10 of these Measures, fails to register for the record the modification shall be ordered to register for the record the modification within a prescribed time limit by the law enforcement organ in traffic at the municipal level or the administrative department for traffic in outer suburb districts or counties; where it fails to do so beyond the time limit, it shall be imposed upon a fine of not less than 5,000 Yuan but not more than 10,000 Yuan.

Article 25 Whichever violates one of the provisions of Item 1, 2, 3, 4 or 5, Article 14 of these Measures shall be given a warning and ordered to make corrections within a prescribed time limit and may be imposed upon a fine of 1,000 Yuan by the law enforcement organ in traffic at the municipal level or the administrative department for traffic in outer suburb districts or counties; whichever violates one of the provisions of Item 3 or 4 and causes serious consequences shall be imposed upon a fine of not less than 1,000 Yuan but not more than 10,000 Yuan.

Where any automobile lease operator, in violation of the provisions of Item 6, Article 14 of these Measures, fails to establish the management system for operational services, the law enforcement organ in traffic at the municipal level or the administrative department for traffic in outer suburb districts or counties shall give it a warning and order it make corrections within a prescribed time limit and may impose upon it a fine of 1,000 Yuan; where serious consequences are caused, it shall be imposed upon a fine of not less than 1,000 Yuan but not more than 10,000 Yuan.

Where any automobile lease operator, in violation of the provisions of Item 6, Article 14 of these Measures, fails to establish the management system for security protection, the public security organ shall give it a warning and order it make corrections within a prescribed time limit and may impose upon it a fine of 1,000 Yuan; where serious consequences are caused, it shall be imposed upon a fine of not less than 1,000 Yuan but not more than 10,000 Yuan.

Article 26 Where any automobile lease operator, in violation of the provisions of Item 3, Article 15 of these Measures, fails to install automobile positioning devices, the public security organ shall give it a warning and order it make corrections within a prescribed time limit; where it fails to make corrections beyond the prescribed time limit, it shall be imposed upon a fine of 1,000 Yuan; where serious consequences are caused, it shall be imposed upon a fine of not less than 1,000 Yuan but not more than 10,000 Yuan.

Article 27 Where any automobile lease operator, in violation of the provisions of Article 17 of these Measures, fails to check up the identification information of the lessees and register and enter such information into the information system of services and administration, the public security organ shall give it a warning and order it make corrections; where it refuses to make such corrections, it shall be imposed upon a fine of 1,000 Yuan.

Article 28 Where any automobile lease operator, in violation of the provisions of Paragraph 1, Article 20 of these Measures, enters into or continues performing the lease contract knowing very well that a lessee uses the leased automobile to engage in such illegal activities as illegal transportation, it shall shoulder the corresponding responsibilities in accordance with law.

Article 29 Relevant provisions on administration of road transport shall apply to the lease of coaches with 9 or more seats.

Article 30 These Measures shall be effective as of May 1, 2012. The Measures of Beijing Municipality for Administration of Automobile Lease promulgated by Decree No. 105 of the People’s Government of Beijing Municipality on August 21, 2002 and revised in accordance with Decree No. 150 of the People’s Government of Beijing Municipality on June 1, 2004 shall be repealed simultaneously.