Liao Jiaotong Executive Officer (2023) No. 275

Municipal Transportation Bureau, Shenfu Demonstration Zone Comprehensive Law Enforcement Bureau:

　　In accordance with the spirit of the speech of Comrade Liu Qifan, member of the Standing Committee of the Provincial Party Committee and Secretary of the Provincial Commission for Discipline Inspection, on the deployment of the work of cleaning up the impact of the revitalization and development practice on July 29, the Department is mainly responsible for the comrades in the verification report on the relevant issues of the county Transportation Bureau "to punish the management" found by the Provincial Party Committee，The provincial department organized the municipal bureaus and provincial service centers to hold business discussions and exchanges，Discussion and exchange on the penalty issue of "vehicle detection overdue" involved in the report。At the same time, two meetings have been held with relevant business departments and technical support units to conduct in-depth research on this problem from three aspects of mode optimization, system optimization and system optimization, and multiple measures have been taken to resolutely put an end to "management by penalty". Relevant matters are hereby notified as follows:

　　First, further optimize law enforcement methods and do a good job of early warning and warning

　　Adhere to the principle of law enforcement for the people，Adhering to the concept of flexible law enforcement，We will promote reasoned law enforcement，Before the expiration of the inspection and testing period for passenger and cargo vehicles，Transportation authorities at all levels shall prompt the risk of overdue vehicle inspection and testing according to the provincial transport administration system，Notify the enterprise of the overdue risk information，Remind operators to inspect and test relevant vehicles in a timely manner，Ordinary freight vehicles outside the place of registration shall immediately carry out remote inspection and testing and upload the inspection and testing report。对此，The provincial transport and administration system has upgraded and maintained the overdue risk warning，The home page of the system will remind you of the total number of road transport vehicles in the region that are about to expire in accordance with the classification 7, 15, and 30 days in advance，Law enforcement personnel can access the vehicle details page through the "Details View" button，You can view or export information about the vehicle，Remind operators to check and test on time，Click the "Reminded Operator" button in the details page，Record reminder message。

　　Second, further optimize the system basis and standardize administrative law enforcement behavior

　　According to the revision of national laws and regulations, departmental rules and the actual situation of various localities, the provincial government updated and adjusted the inclusive and discretionary benchmark provisions involving "vehicle inspection and testing not carried out in accordance with the specified cycle and frequency"。

　　(1) The application of laws and regulations

　　1.Article 70 (1) of the Road Transport Regulations of the People's Republic of China: "In violation of the provisions of these Regulations, passenger operators and freight operators do not maintain and test transport vehicles in accordance with the provisions, the road transport management authority at or above the county level shall order corrections and impose a fine of more than 1,000 yuan and less than 5,000 yuan.。According to the Decision of The State Council on amending and repealing Some Administrative Regulations (Decree No. 764 of The State Council of the People's Republic of China)，Adjusted to Article 69 (1) of the Road Transport Regulations of the People's Republic of China，"Contrary to the provisions of these Regulations，Passenger and freight operators fail to maintain and test transport vehicles in accordance with regulations，The competent department of transport of the local people's government at or above the county level shall order the correction，A fine of not less than 1,000 yuan but not more than 5,000 yuan。”

　　2.Article 31 (3) of the Regulations on the Technical Management of Road Transport Vehicles "Violation of these Provisions"，Road transport operators have any of the following acts，The competent department of transport shall order correction，Give a warning;serious，(3) failing to carry out comprehensive performance testing and technical grade assessment of vehicles in accordance with the prescribed period and frequency。According to Decree No. 3 of 2023 of the Ministry of Transport of the People's Republic of China，Adjusted to Article 31 "Violation of these provisions，Road transport operators fail to carry out vehicle inspection and testing in accordance with the prescribed period and frequency or fail to maintain road transport vehicles in accordance with the provisions，The competent department of transport shall order correction，Be fined between 1,000 yuan and 5,000 yuan。”

　　(2) The adjustment of the exemption clause is inclusive

　　1.Article 45 of the List of Regulatory Matters Applicable to Inclusive and Free Punishment in the field of Transportation in Liaoning Province

　　(1) The title of the item "Punishment for failing to carry out vehicle comprehensive performance testing and technical grade assessment in accordance with the prescribed period and frequency" is adjusted to "Punishment for road transport operators who fail to carry out vehicle inspection and testing in accordance with the prescribed period and frequency".。

　　(2) Legal basis: Item (3) of Article 31 of the Technical Management Provisions on Road Transport Vehicles violates this provision，Road transport operators have any of the following acts，The road transport administrative authority at or above the county level shall order it to make corrections，Give a warning;serious，(3) failing to carry out comprehensive performance testing and technical grade assessment of vehicles in accordance with the prescribed period and frequency。It is adjusted to the Technical Management Regulations for Road Transport Vehicles (adopted on April 14, 2023)，June 1, 2023) Article 31 Violation of these Provisions，Road transport operators fail to carry out vehicle inspection and testing in accordance with the prescribed period and frequency or fail to maintain road transport vehicles in accordance with the provisions，The competent department of transport shall order correction，Be fined between 1,000 yuan and 5,000 yuan。

　　(3) Personality applicable conditions: by "1.Take vehicle as the object of first judgment;2.No technical grade assessment of comprehensive vehicle performance testing within 30 days (inclusive) beyond the expiration date;3.After being ordered to make corrections, the technical grade shall be assessed within the required time limit, and the test results shall meet the relevant safety standards and technical standards of the operating vehicles;4.The vehicle has not caused traffic accidents or service quality incidents due to safety performance and technical grade problems。Change it to: 1.First investigation and punishment;2.During the investigation of illegal acts, there are no acts that hinder the execution of official duties, such as refusing to accept the investigation and handling of law enforcement departments, obstructing law enforcement, inciting resistance to law enforcement;3.Failure to carry out vehicle inspection and testing within 30 days (inclusive) after the expiration date;4.After being ordered to make corrections, carry out vehicle inspection and testing within the required time limit, and the test results meet the relevant safety standards and technical standards of vehicles in operation;5.The vehicle has not caused traffic accidents or service quality incidents due to safety performance and technical level problems."。

　　2.Article 45 of the List of Regulatory Matters applicable to inclusiveness and exemption in the field of Transportation in Liaoning Province, the object of inclusiveness and exemption is road transport operators and vehicles owned by non-road transport operators。That is, the inclusive penalty is only applicable to the operator once, not to all vehicles owned by the road transport operator once。

　　3.《Liaoning Provincial Department of Transportation关于印发<关于在交通运输领域推行包容免罚监管机制的实施意见>的通知》（辽交行审发〔2021〕65号）中包容免罚监管机制适用条件：“4.For the first time in the same year within our province;"Delete this item。

　　(3) Adjustment of the terms of the Basis of discretionary power of Transportation Administrative Punishment in Liaoning Province (Road Transportation Part)

　　1.Article 34 and Article 56 the illegal acts shall be adjusted from "passenger operators do not maintain and test passenger vehicles according to regulations" and "road cargo transport operators do not maintain and test transport vehicles according to regulations" to "passenger operators do not test passenger vehicles according to regulations" and "road cargo transport operators do not test transport vehicles according to regulations" respectively.The legal basis shall be the first paragraph of Article 70 of the Regulations on Road Transport of the People's Republic of China: Order correction，A fine of more than 1,000 yuan and less than 5,000 yuan is adjusted to "the first paragraph of Article 69 of the Regulations on Road Transport of the People's Republic of China: Order correction.，Imposing a fine of not less than 1,000 yuan but not more than 5,000 yuan ";The application conditions for the "minor" level of violation are adjusted to "1.First investigation and punishment;2.During the investigation of illegal acts, there are no acts that hinder the execution of official duties, such as refusing to accept the investigation and handling of law enforcement departments, obstructing law enforcement, inciting resistance to law enforcement;3.Failure to carry out vehicle inspection and testing within 30 days (inclusive) after the expiration date;4.After being ordered to make corrections, carry out vehicle inspection and testing within the required time limit, and the test results meet the relevant safety standards and technical standards of vehicles in operation;5.The vehicle has not caused traffic accidents or service quality incidents due to safety performance and technical level problems."，The discretion standard is adjusted to "no penalty";The application condition of the "General" file is adjusted to "not exceeding three months (inclusive)".，The application condition of the "heavier" file is adjusted to "three months - six months (inclusive)".，The application condition of the "serious" file is adjusted to "more than six months overdue"。

　　2.Article 110 The illegal act shall be adjusted from "failing to carry out vehicle comprehensive performance testing and technical grade assessment in accordance with the prescribed period and frequency" to "failing to carry out vehicle inspection and testing in accordance with the prescribed period and frequency";The legal basis is adjusted to "Regulations on the Technical Management of Road Transport Vehicles" Article 31: Order correction，Be fined between 1,000 yuan and 5,000 yuan。";The application conditions for the "minor" level of violation are adjusted to "1.First investigation and punishment;2.During the investigation of illegal acts, there are no acts that hinder the execution of official duties, such as refusing to accept the investigation and handling of law enforcement departments, obstructing law enforcement, inciting resistance to law enforcement;3.Failure to carry out vehicle inspection and testing within 30 days (inclusive) after the expiration date;4.After being ordered to make corrections, carry out vehicle inspection and testing within the required time limit, and the test results meet the relevant safety standards and technical standards of vehicles in operation;5.The vehicle has not caused traffic accidents or service quality incidents due to safety performance and technical grade problems ";The application condition of the "General" file is adjusted to "not exceeding three months (inclusive)".，The discretion standard is adjusted to "order correction.，Impose a fine of 1,000 yuan ";The application condition of the "heavier" file is adjusted to "three months - six months (inclusive)".，The discretion standard is adjusted to "order correction.，Impose a fine of 3,000 yuan ";The application condition of the "serious" file is adjusted to "more than six months overdue"，The discretion standard is adjusted to "order correction.，Be fined 5,000 yuan."。

　　3.If a road transport operator is punished for more than 3 times (including) for "failing to carry out vehicle inspection and testing in accordance with the prescribed period and frequency", the local transport authority shall interview the operator。At the same time, strengthen the supervision and management of the operator, effectively do a good job of early warning, and focus on both rigid and soft。

　　Third, further optimize the system module to ensure convenient and efficient operation

　　The conclusion of technical grade evaluation in the inspection and testing of passenger and cargo vehicles is the necessary certification material for road transport operators to handle the annual vehicle inspection business。For overdue detection, the competent transportation department uses the "inspection and detection overdue processing" function of the provincial transport administration system to deal with the road transport vehicles that do not inspect and test on time, and the two ways of "punishment processing" or "impunity processing" should be selected according to the actual situation:

　　1.If an administrative penalty is imposed on the party, it is necessary to select "punishment" after the case is completed in the "administrative penalty" function;

　　2.If the parties meet the relevant provisions and circumstances of impunity, they need to explain the specific reasons, upload the relevant auxiliary certification materials, and select "impunity treatment".。

　　Iv. Relevant work requirements

　　1.After receiving the Notice, the municipal transportation authorities shall immediately organize the municipal law enforcement team and the county (district) transportation authorities to study carefully, and guide the relevant units to implement the notice according to the division of responsibilities。

　　2.Transport authorities at all levels upon receipt of the Notice，Relevant changes should be made immediately，Including the adjustment of the legal basis, the inclusion of the exemption clause, the adjustment of the discretionary power benchmark, the change of the operation of the provincial transport and administration system, and the advance risk warning of the transportation authorities，To do a good job of publicity to society, especially road transport operators in an appropriate way。

　　3.The inclusion exemption involved in this Notice (the calculation of the "first" violation of the law starts from the illegal record of the self-examination transportation system on September 11, 2023，Previous violation records will no longer be counted) and the discretionary benchmark adjustment will be implemented on September 11，The Provincial Department will modify this in the next revision of the system document。

　　4.The provincial service center should pay attention to collecting the effects and problems caused by the upgrading of the system in each city and county (district), and further track and improve it。

　　附件：1.Comparison before and after the revision of rules and regulations

　　    2.Before and after comparison of the List of Regulatory Matters applicable to inclusive Impunity in the field of Transportation in Liaoning Province

　　    3.Before and after comparison of "Liaoning Provincial Transportation Administrative Punishment discretion Benchmark (Road transportation part)"

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Liaoning Provincial Department of Transportation

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　September 5th, 2023

　　(This is voluntarily disclosed)

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