China News Service, Beijing, July 29 (Wu Tao) On the 28th, the much-talked-about "Interim Measures for the Management of Online Booking Taxi Business Services" (hereinafter referred to as the "Measures") was officially announced and implemented on November 1. The public is concerned about "Is online car-hailing legal? Can private cars be converted into special cars? Does online car-hailing need to be scrapped for 8 years? How to set the price? What conditions do online car-hailing drivers need? How to ensure passenger safety? How to protect personal information?" and other key questions were clearly answered one by one.
Focus 1: Is the identity of online car-hailing still awkward?
The "Measures" grant legal status, and the industry claims to promote the healthy development of the industry
Didi, Uber, Shenzhou Special Car, Yidao, and Shouqi Car-hailing all issued statements on the 28th expressing support for the "Measures", arguing that the "Measures" fully consider market demand, balance the development of old and new business models, give the online car-hailing industry a legal status, and create a fairer legal competitive environment, which is of great positive significance for promoting the healthy and orderly development of the online car-hailing industry.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said in an interview with China News Service that the "Measures" are the first formal legislation on online car-hailing in China and even the world, and will greatly promote the development of China’s "Internet +" travel-represented sharing economy industry, better protect the rights and interests of consumers, maintain the fairness of market competition in new industries, and better solve the periodic problems in the replacement of old and new industries.
Li Yi, deputy director of the "Internet +" Research and Consulting Center of the Internet Association of China, said in an interview with China News Service that the introduction of the "Measures" has a milestone significance for the development of the sharing economy. Affected by this, the development of the entire sharing economy will usher in a positive development, and the investment industry will favor the sharing economy industry more obviously.
Focus 2: Can a private car be converted into a private car?
Eligible to register as an appointment rental passenger vehicle
Compared with the draft released last year, the "Measures" no longer require the nature of vehicle use to be registered as "rental passenger transportation", but instead "reservation rental passenger transportation". Does this mean that private cars can also be converted into special cars? "I personally understand that," said Li Yi.
At a press conference held by the State Council Information Office on the 28th, Liu Xiaoming, a vice minister of transportation, said, "We have reasonably relaxed the conditions and restrictions of online car-hailing platform companies, and do not require their own vehicles to adapt to the characteristics of asset-light operation of platform companies. This is the biggest feature."
The "Measures" show that the "Online Booking Taxi Transport Certificate" will be issued to vehicles that meet the conditions and are registered as booking rental passenger transport. If the city people’s government has other provisions on the issuance of the "Online Booking Taxi Transport Certificate" for online car-hailing, such provisions shall prevail.
Focus 3: What are the scrapping standards for online car-hailing?
Driving 600,000 kilometers scrapped, driving life up to 8 years out
What are the requirements for registered online car-hailing? First, passenger cars with 7 seats or less; second, the installation of vehicle satellite positioning devices and emergency alarm devices with driving record functions; third, the technical performance of the vehicle meets the requirements of relevant standards for operational safety.
The "Measures" also stipulate that the specific standards and operating requirements for vehicles shall be determined by the corresponding taxi administrative department in accordance with the development principles of high-quality service and differentiated management, taking into account the actual local situation.
In addition, the "Measures" stipulate that when the mileage of the online car reaches 600,000 kilometers, it will be forcibly scrapped; when the mileage does not reach 600,000 kilometers but the service life reaches 8 years, it will withdraw from the online car business.
Gu Dasong, an associate professor at Southeast University Law School and executive deputy director of the Transportation Rule of Law and Development Research Center, said in an interview with China News Service that this means that the industry implements an access mechanism and sets a certain threshold for registered online car-hailing.
Focus 4: How to set the price of online car-hailing?
It is necessary to clearly mark the price in accordance with national regulations, and the price war may cease
The "Guiding Opinions of the General Office of the State Council on Deepening Reform and Promoting the Healthy Development of the Taxi Industry" (hereinafter referred to as the "Opinions") issued on the 28th makes it clear that market-adjusted prices are implemented for online car-hailing, and government-guided prices can be implemented if the urban people’s government deems it necessary.
The "Measures" stipulate that online car-hailing platform companies shall announce and determine the metering method in line with relevant state regulations, reasonably determine the online car-hailing freight price, and implement clear pricing. They shall not engage in unfair price behaviors such as squeezing out competitors or monopolizing the market, operating at prices below cost, disrupting the normal market order, harming the national interests or the legitimate rights and interests of other operators, and shall not commit price violations.
Li Yi believes that the regulation of the price of online car-hailing is actually a balance of interests between taxis and online car-hailing. Liu Xiaoming also mentioned that the introduction of the "Measures" is to fully absorb the rational opinions and suggestions of all parties, and comprehensively balance the interests of all parties. After many rounds of repeated discussions and revisions, it was finally formed.
Will the online car-hailing money-burning war disappear completely? Gu Dasong believes that the "money-burning" war will not disappear completely, and price concessions can still be implemented under reasonable price conditions.
In terms of enterprises, Liu Qing, president of Didi, has recently mentioned that it will reduce the subsidy for online car-hailing; the relevant person in charge of the public relations department of Yidao told China News Service that the online car-hailing market will gradually return to market rationality, moving towards high quality, high price, personalization, and humanization. From the previous price competition, it will shift to value and service competition.
Focus 5: Can a private car drive a ride or carpool?
Encourage standardized development and formulate corresponding regulations in various localities
The "Opinions" propose to standardize private passenger car sharing. Private passenger car sharing, also known as carpooling and hitchhiking, is a shared travel mode in which the ride-sharing service provider publishes travel information in advance, and people with the same travel route choose to take the ride-sharing service provider’s passenger car, share part of the travel cost, or assist each other for free.
The "Opinions" make it clear that private passenger car sharing is conducive to alleviating traffic congestion and reducing air pollution, and urban people’s governments should encourage and regulate its development, formulate corresponding regulations, and clarify the rights and obligations of ride-sharing service providers, ride-sharing providers, and ride-sharing information service platforms.
The "Measures" stipulate that private passenger car sharing, also known as carpooling and ride-sharing, shall be implemented in accordance with the relevant provisions of the urban people’s government.
Focus 6: How to ensure passenger safety?
The driver implements a strict entry mechanism and has no driving record after drinking alcohol
In addition to the requirements for vehicle performance, the "Measures" also put forward requirements for drivers. If there is no traffic crime, dangerous driving criminal record, no drug use record, no driving record after drinking, no record of 12 points in the last 3 consecutive scoring cycles, no violent criminal record, etc. In addition, it is stipulated that the online car-hailing platform needs to sign various forms of employment contracts or agreements with the driver.
Zhu Wei said that the "Measures" actually raise and refine the entry threshold for drivers, making passengers feel more secure. "In addition, the signing of the driver in the" Measures ", the positioning of the online car-hailing configuration, one-click alarm and other functions will make it much more difficult for criminals to commit crimes, thereby ensuring the safety of passengers."
Before the introduction of the "Measures", online car-hailing driver injuries have occurred, online car-hailing refusal, detours and other situations have also been complained, the "Measures" on the network about the car driver midway dump, detours and other behaviors also made norms, violators will be punished.
Liu Xiaoming believes that due to the high flexibility of online car-hailing and the difficulty of control, the "Measures" set stricter access conditions for online car-hailing drivers, which can maximize public safety and ensure road traffic safety and passenger travel safety.
Focus 7: How to protect the security of personal information?
Do not provide passenger personal information to any third party
The "Measures" stipulate that online ride-hailing platform companies shall inform the purpose, method and scope of the collection and use of personal information such as drivers, ride-hailing and passengers in a prominent manner through their service platforms. Without the express consent of the information subject, online ride-hailing platform companies shall not use the aforementioned personal information for other business purposes.
In addition to cooperating with state organs in exercising supervision and inspection powers or criminal investigation powers according to law, online car-hailing platform companies shall not provide any third party with the names, contact information, home addresses, bank accounts or payment accounts, geographical locations, travel routes and other personal information of drivers, car-hailing and passengers, and shall not disclose sensitive information related to national security such as geographical coordinates and geographical markers.
The measures also make it clear that online car-hailing platform companies shall abide by the relevant provisions of the national network and information security, the personal information collected and the business data generated shall be stored and used in the Chinese mainland, and the retention period shall not be less than 2 years.
Focus 8: Will taxis be replaced by online car-hailing?
The number of ride-hailing vehicles launched depends on passengers and the market
Regarding the argument that traditional taxis will be eliminated, Liu Xiaoming said that cruise cars and online car-hailing cars each have their own characteristics, and who will be eliminated depends mainly on passengers and the market.
Li Yi believes that the "Measures" do not specify the number of online car-hailing platforms, reflecting the principle of market regulation, which is a development opportunity for online car-hailing platforms.
Gu Dasong believes that the "Measures" have made detailed specifications on the price of online car-hailing, which will actually affect the number of online car-hailing market launches. In the future, it is more likely to rely on price norms, and then rely on market forces to adjust the number of online car-hailing.
The relevant person in charge of Didi told China News Service that online car-hailing currently only carries about 1% of China’s daily urban population travel demand. The "Measures" removed the quantitative restrictions in the original draft and stipulated that market-adjusted prices should be implemented in principle, giving the market, platforms and drivers greater autonomy.
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