The Interim Measures for the Administration of Online Taxi Booking Services were announced today

　　Beijing Times News (Reporter Huang Hailei) At 3 pm today, the State Council Information Office will hold a press conference. The relevant heads of the Ministry of Communications, the Ministry of Public Security, and the General Administration of Quality Supervision, Inspection and Quarantine will introduce the "Guiding Opinions on Deepening Reform and Promoting the Healthy Development of the Taxi Industry" and the "Interim Measures for the Management of Online Booking Taxi Operations" (hereinafter referred to as the "Interim Measures"). It is reported that on October 10 last year, the two documents were publicly solicited for opinions, and the press conference will announce the revised formal implementation content.

　　On November 10, 2015, the consultation ended, and the two documents entered a nearly one-year revision period. What kind of regulatory methods will online car-hailing achieve its legalization, and what impact will the new regulations have on passengers, online car-hailing, operating platforms, traditional taxis and enterprises? After today’s press conference, experts and relevant departments will make detailed interpretations. So, after the release of the exposure draft last year, which issues are the most controversial, and what are the biggest highlights of the revised "Interim Measures"?

　　Do online vehicles have to be scrapped after 8 years of operation?

　　It is understood that the "Interim Measures" announced last year mentioned that the nature of the vehicle to be engaged in the business of online car-hailing should be registered as rental passenger transportation. According to the current laws of our country, the scrapping period of operating vehicles does not exceed 8 years, that is, the online car-hailing vehicle should also comply with this standard after registering as rental passenger transportation.

　　In the one-month consultation of the Ministry of Transport last year, opinions on changing the nature of online car-hailing vehicles accounted for the largest number of statistical opinions, and the 8-year scrapping period also became the biggest focus of debate. Some experts believe that private cars entering online car-hailing platforms should be registered as operating vehicles, but the 8-year scrapping period should be changed. Since some online car-hailing platforms are not full-time operations, they should be scrapped according to the actual operating mileage, so as to reduce the concerns of part-time drivers entering online car-hailing platforms.

　　The Beijing Times reporter learned that in the nearly one-year discussion and revision, the issue has attracted full discussion and attention from the expert group and the coordination meeting of various ministries and commissions, and the scrapping period after the online car-hailing vehicle is registered as a operating vehicle may be revised.

　　Must the driver sign an employment contract with the platform?

　　The Interim Measures mentioned that drivers engaged in online car-hailing need to sign employment contracts with online car-hailing operators.

　　In last year’s solicitation of opinions, 30% of the views on this issue believed that operators and drivers were in line with the characteristics of de facto labor relations; signing employment contracts was conducive to protecting the legitimate rights and interests of drivers. But 70% of the views believed that the relationship between online car-hailing operators and drivers may only be economic cooperation, not labor relations.

　　It is reported that since many online car-hailing drivers are part-time, if they sign employment contracts with online car-hailing operators, a large number of part-time drivers may withdraw from the online car-hailing market. Some experts have said that protecting the legitimate rights and interests of drivers does not necessarily require a fixed labor relationship model, but can also be bound by a temporary agreement. If this regulation is revised, it will mean that part-time drivers’ concerns about engaging in online car-hailing will be greatly reduced.

　　In addition, at present, some online car-hailing platforms convert regular taxis from different taxi companies into online car-hailing operations. If the platform signs an employment contract with taxi drivers, it is obviously unreasonable. If the fixed employment contract is changed to a temporary agreement, this problem can also be solved.

　　Can the whole network pass after the provincial filing of the network platform?

　　The "Interim Measures" mention that online car-hailing operators should obtain the corresponding "Road Transport Business License" and apply to the communication authority of the province, autonomous region and municipality directly under the Central Government where the enterprise is registered before they can carry out relevant business. Some experts mentioned that if this regulation is followed, network operators may have to carry out network information service filing in more than 2,800 counties and cities, which will add a lot of unnecessary administrative costs to the platform and local governments.

　　At the National Two Sessions this year, officials from the Ministry of Transport said that taxi services have been combined online and offline, and the initial idea is to implement "two levels of work and one level of licensing." That is, after the online part is approved by the provincial transportation authority where the platform is located, it can be used on the whole network. No more licensing is required in other parts of the country. Localities only need to carry out the relevant work of online car-hailing vehicles and personnel management.

　　After the implementation of the "two-level work, one-level licensing" model, the expression of applying for filing in the municipal communication departments mentioned in the "Interim Measures" may be revised.

　　□ Interpretation

　　The introduction of the "Interim Measures" can achieve a win-win situation for all parties

　　Wang Hao, deputy director of the Development Center of the Highway Science Research Institute of the Ministry of Transport, who participated in the policy formulation throughout the process, said that on November 10 last year, after the consultation ended, the Ministry of Transport initiated the revision of the interim measures for online car-hailing, and conducted a large number of summary analysis on the consultation.

　　Afterwards, the opinions were fully discussed in meetings of various ministries, expert groups and meetings attended by local authorities. For some controversial issues, at least more than ten symposiums were held. During the discussion, vehicle scrapping, online car-hailing practitioners employment contracts, online car-hailing insurance, and metering methods were all studied in depth.

　　As for the impact of the new regulations on passengers, operating platforms and traditional taxi companies? Wang Hao believes that, first of all, the purpose of the new regulations is to standardize online taxi-hailing to ensure that the rights and interests of passengers, ride safety and service quality are effectively guaranteed. Secondly, after the legalization of online car-hailing, it will provide a variety of choices for ordinary people, reduce the problem of difficult taxi hailing and provide better travel services. Furthermore, the standardized development of online car-hailing is conducive to its long-term sustainable and healthy development. Finally, the integrated development of online car-hailing and traditional cruise taxis will help the transformation and upgrading of traditional cruise taxis and provide better service experience.

　　Therefore, the introduction of the new regulations has a positive impact on win-win outcomes for all parties.