The basis for the investigation and punishment of arbitrary fees during the Spring Festival transpor

Mondo Social Updated on 2024-02-05

During the Spring Festival transportation period, while ensuring that migrant workers "spend the festival safely" and return to their hometowns smoothly, it is necessary to stop the occurrence of arbitrary charging behaviors such as "fixed price", "ticket purchase price increase", and "charging unspecified fees", so as to effectively enhance the sense of gain, happiness and security of migrant workers.

Passenger transport enterprises shall not violate the "Law of the People's Republic of China", "Provisions on Administrative Punishment of Illegal Acts", "Provisions on Clearly Marking Prices and Prohibiting Fraud" and "Provisions on Passenger Pricing" and "Relevant Provisions on Passenger Pricing" to infringe on the legitimate rights and interests of migrant workers. There may be the following violations of passenger transport fares during the Spring Festival travel period:

1. The illegal act of not implementing the ** guide price

For passenger lines that implement the management of the first guide price, highway passenger transport enterprises (operators) shall not exceed the guide price during the Spring Festival and holidays, and shall not charge any other fees beyond the guide price. Otherwise, it violates Article 12 of the "** Law": "Operators carrying out ** activities shall comply with laws and regulations, and implement the ** guide price, ** pricing and statutory ** intervention measures and emergency measures formulated in accordance with the law." It is stipulated that once verified by the Market Supervision and Administration Bureau, it may be subject to Article 39 of the "** Law" and Article 9 of the "Provisions on Administrative Punishment of Illegal Acts", "order corrections, confiscate illegal gains, and impose a fine of less than 5 times the illegal gains; where there are no unlawful gains, a fine of between 50,000 and 500,000 RMB is to be given, and where the circumstances are more serious, a fine of between 500,000 and 2,000,000 RMB is to be given; where the circumstances are serious, order a suspension of business for rectification. ".

2. Illegal acts of increasing the price of ** tickets or charging unspecified fees

During the Spring Festival transportation period, the operator increases the price of ** tickets or charges unspecified fees in addition to the marked price, which violates Article 8 of the "Provisions on Clearly Marked Prices and Prohibition of Fraud": "When selling goods or providing services, operators shall not increase the price of ** goods or provide services beyond the marked price, and shall not charge any fees that are not indicated." and the second paragraph of Article 13 of the ** Law, which states that "the operator shall not increase the price of ** goods in addition to the marked price, and shall not charge any fees that are not indicated." It is stipulated that once verified, it may be subject to Article 13 of the "Provisions on Administrative Punishment of Illegal Acts" and Article 42 of the "** Law" "If the operator violates the provisions of the clearly marked price, he shall be ordered to make corrections, confiscate the illegal gains, and may be fined less than 5,000 yuan." "Penalties provided for in the provisions.

3. Illegal acts of not using pricing equipment in accordance with regulations and charging illegal fees for carpooling

If you do not use the metering equipment in accordance with the regulations and charge for carpooling in violation of regulations, you may violate Article 23, Paragraph (10) of the "Regulations on the Administration of Cruise Taxi Business Services", which states that "other passengers shall not be carried without the consent of the passengers; and (11) "use taxi-metering equipment in accordance with regulations, implement charging standards and take the initiative to issue valid fare bills; The provisions will be subject to the provisions of Article 48 of the "Regulations on the Administration of Cruise Taxi Business Services", "Cruise taxi drivers in violation of these provisions, in any of the following circumstances, by the local people's taxi administrative departments at or above the county level shall order corrections, and impose a fine of more than 200 Yuan and 500 Yuan" as provided for in the punishment.

Fourth, the use of false or misleading means to carry out fraud

For the implementation of market-regulated price management of passenger lines, road transport operators falsely claim to be the first price or the first guide price, or to deceive consumers at low prices, to settle the behavior, it violates the "clear price and prohibition of fraud provisions" Article 19.

Items 1 and 2 and Article 14, Item 4 of the "** Law" stipulate that they will be subject to Article 7 of the "Provisions on Administrative Punishment of ** Illegal Acts": "If a business operator violates the provisions of Article 14 of the ** Law by using false or misleading means to induce consumers or other business operators to trade with it, it shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of less than 5 times the illegal gains; where there are no unlawful gains, a fine of between 50,000 and 500,000 RMB is to be given; where the circumstances are serious, it shall be ordered to suspend business for rectification, or the business license shall be revoked by the administrative organ for industry and commerce. "Penalties as provided.

5. Illegal acts of refusing to implement the preferential policies for passenger fares stipulated in **

If the operator fails to implement preferential policies for special passengers in accordance with relevant national policies, it violates the provisions of Article 12 of the ** Law, and may be subject to Article 39 of the ** Law and Article 9 of the Provisions on Administrative Punishment of Illegal Acts, which "shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of less than 5 times the illegal gains; where there are no unlawful gains, a fine of between 50,000 and 500,000 RMB is to be given, and where the circumstances are more serious, a fine of between 500,000 and 2,000,000 RMB is to be given; where the circumstances are serious, order a suspension of business for rectification. ".

6. Illegal acts of failing to clearly mark prices in accordance with regulations

If the operator fails to clearly mark the price in a conspicuous manner, its behavior is suspected of violating the first paragraph of Article 6 of the "Provisions on Clearly Marking Prices and Prohibiting Fraud" "The operator shall clearly mark the price in a conspicuous manner and clearly mark the goods or services corresponding to **." Where business operators carry out different transactions based on different trading conditions, they shall indicate the trading conditions and the corresponding trading conditions. and the first paragraph of Article 13 of the ** Law of the People's Republic of China, "Operators selling and purchasing goods and providing services shall clearly mark the price in accordance with the provisions of the competent department, indicating the name, place of origin, specification, grade, pricing unit, ** or service items, charging standards and other relevant circumstances." Article 13 of the "Provisions on Administrative Punishment of Illegal Acts" and Article 42 of the "** Law" "If the operator violates the provisions of the clearly marked price, it shall be ordered to make corrections, confiscate the illegal gains, and may be fined less than 5,000 yuan." "Penalties provided for in the provisions.

Of course, you must first call the local 12315 and 12345** to protect your rights!

Related Pages