Although car rental has been proved to have a positive effect on stimulating the economy and promoting consumption, China lacks unified management of car rental, which has made the industry basically in a state of “unable to rely on†for many years. Experts and industry insiders believe that laws and regulations have become the main obstacle to the development of car rental. It has become a top priority to adjust the industry positioning, revise relevant laws and formulate special regulations.
The car rental industry is "unable to follow" status
The car rental industry has a great role in rationally allocating transportation resources, stimulating the automobile industry, and adjusting the economic structure. However, at present, China's planning and management of the car rental industry is extremely lacking. A number of interviewed industry insiders believe that the car rental industry is basically in a state of “unable to rely onâ€.
In the "Automotive Industry Adjustment and Revitalization Plan" issued by the State Council, one of the main tasks of the automobile industry's adjustment and revitalization is to "develop modern automobile service industry". The main contents include the development of car rental. In 2011, the Ministry of Commerce's "Guiding Opinions on Promoting the Development of the 12th Five-Year Plan for the Automobile Circulation Industry" also has a positive description of car rental.
Despite this, the reporter found that for car rental, the country lacks a unified coordination management department. Even the authoritative statistics on the most basic information such as the size of the industry and the main body of the business are not known. This makes it possible to use the car rental to promote the transformation of transportation services and even the economic structure, and it becomes unfounded.
At present, China's car rental industry management faces three legal problems: First, according to the road transport industry, the management of non-road transport car leasing, there is a problem of mismatch between management policies and management objectives; second, the national regulations for road transport, "Chinese people" The Republic Road Transportation Regulations (hereinafter referred to as “Roadsâ€) does not include car rental, and lacks the most basic legal basis for the management of car rental industry. Third, the State Council’s “three-set†plan determines the management of car rental by the road transportation department. The first two contradictions cannot support the management department's management of car rental.
Zhang Yibing, a car leasing expert at the China Road Transport Association, pointed out that car leasing is not a traditional road transport industry, and the legitimacy of the road transport management department on car leasing management has been questioned. Although the State Planning Commission and the Ministry of Communications promulgated the Interim Provisions on the Administration of the Automobile Leasing Industry in 1998, the car rental was not included in the “Roads†promulgated in 2004. Under the background of transforming government functions and reducing administrative examination and approval, it is difficult for car rental to re-incorporate the road transportation business into the “tracks†being revised.
Major contradictions in the development of laws and regulations
Due to the lack of solid legal basis for the management of the car rental industry, the management policy of the car rental industry is rather vague. According to the statistics of the China Road Transport Association, among the 32 provinces, autonomous regions, and municipalities directly under the Central Government, only Beijing and Shanxi provinces have established local regulations for car rental. Although there are 24 local regulations and local government regulations promulgating car rentals, accounting for 75%, these regulations and regulations, on the management of the car rental industry, are slightly thin, usually in the local road transport management regulations. “Car rental operators may not engage in or engage in road transportation operations in a disguised manner.â€
Zhang Yibing said that these regulations and regulations are also confusing for the definition and scope of car rentals. Some regulations may not provide driving services. Some regulations require a rental period of more than three months and wedding cars can provide driving services. Some regulations stipulate that the rental vehicles are passenger cars of less than 9 seats, and some regulations are passenger cars, trucks and special vehicles. There is also the definition of car rental as a taxi, and the regulation of car rental operations in the Taxi Regulations. In terms of management form and content, there are administrative licenses and filings, and some establish access conditions, and some can be operated as long as the industrial and commercial registration.
At present, the "Road Transportation Regulations" or related regulations promulgated by various provinces, although it is clear that the industry management of the car rental industry is implemented, most of them are still post-licensing, and the management is not very strong. Therefore, the current "sports", etc. Management regulations are facing realignment issues.
The heads of several car rental companies told reporters that the laws and regulations across the country could not be followed, which also caused customers to be troubled when renting a car. “Some places are licensing systems, and some places are filing systems. Rental vehicles are driving in the country, but due to different local regulations, they are sometimes punished. For example, Beijing’s filing system is not operating management, and rental vehicles are opened to Shenyang. The area may be illegal, penalties are hundreds of thousands, and the penalty is directly detained." Some responsible persons reported.
Experts said that the laws of the National People's Congress and the administrative regulations of the State Council are currently blank in the regulation of car rental. At the same time, there is no law to implement road transportation. At present, there is only one administrative regulation of the State Council, which is the “Road Transportation Regulations†enacted in 2004, and does not include car rental into the scope of adjustment.
Compared with Japan, the car rental industry is more detailed, especially the short-term car rental, which has a prominent traffic property, is separately identified as “self-owned car-paid loan industryâ€, which makes it easy to manage the industry for its traffic attributes (such as The use of special marking grades, shortening the inspection cycle) is also different from the traditional road transport industry (not registered as operating vehicles, not in accordance with operating vehicle standards).
“Whether it is a long-term lease or a short-term lease, there are special grades. From the license plate, the operating vehicles and non-operating vehicles can be separated. The license plates for renting vehicles are different from the operating vehicles and non-operating vehicles, and the rental vehicles are in insurance and annual inspection. There are strict conditions to ensure safety." Zhang Yibing said.
Special provisions for car rental should be formulated
Since the implementation of the reform of the large-scale system, the transportation department has included the management of the car rental industry into the scope of management of the road transportation industry. In 2011, the Ministry of Transport’s “Notice on Promoting the Healthy Development of the Car Rental Industry†proposed “establishing a sound car rental regulation systemâ€. Therefore, it is extremely urgent to rationalize the positioning of the car rental industry. Experts believe that car rental carries important functions and does not need to be rationalized at the legal level.
First of all, it is necessary to recognize that car rental is not a road transportation but a "road transportation related business" or a transportation service. At the same time, confirm the legitimacy and legitimacy of the road transport management department for the “road transport related business†including automobile leasing, and improve the car rental management policies, regulations, standards and norms.
According to the research of the China Road Transport Association, from the perspective of car rental properties, although car rental is not a road transport, it is still necessary to include road transport management. At the same time, car rental should be managed from the perspective of transportation services, which is in line with the car rental industry. Attributes.
Second, corresponding to the corresponding adjustment of the National Economic Industry Classification Standard, as an administrative regulation guiding the management of the road transportation industry, the “Tao†should also be specifically adjusted and supplemented for car rental. Experts suggest that we can learn from the management structure of Japan's transportation, define the definition and management scope of car rental in the “Doorâ€, define the difference between it and road passenger transportation, urban public transportation and car rental, and clarify the basic methods of management. For detailed terms, within the framework of road transport management regulations, handle the management positioning and methods of car leasing, pay attention to the important role of car leasing planning, market access conditions, industry association self-discipline, avoid its development misplacement or with other sub-sectors conflict.
Third, formulate special regulations for the management of “three-way†car rental. Zhang Yibing said that as a category of road transport along with road transport, car rental should be based on the above-mentioned rules and regulations, and establish a relatively complete special management regulations at the ministerial level, as well as the classification and standards of supporting car rental business and operators. Opening conditions, operator level and business scope, service specifications for different car rental businesses, and technical standards for vehicles. It is recommended to learn from the provisions of the “Regulations on the Management of Automobile Transportation Industry†in Taiwan, including the classification of car rental companies, business classification, grading of operating sites, etc., and permit their sites in the corresponding regions according to the enterprise classification. Category of car rental business.
Fourth, for the industry nature of the recent hot-selling network about car rental, the network car rental service should be adjusted to the charter passenger classification under the “Roads†according to the characteristics of vehicle use, and classified according to the nature of the spot and long-term reservations. The difference between taxi and charter business avoids chaos and conflicts caused by unclear top-level design.
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