The introduction of legal status in the network car management measures is conducive to the healthy development of the industry.

  BEIJING, Beijing, July 29 (Wu Tao) On the 28th, the "Interim Measures for the Management of Online Booking Taxi Management Services" (hereinafter referred to as the "Measures") was officially announced and implemented on November 1. The public is concerned about "Is the network car legal? Can a private car be converted into a private car? Does the network car need to be scrapped for 8 years? How to set the price? What conditions does the network car driver need? How to ensure passenger safety? How to protect personal information? " Equal focus questions are clearly answered one by one.

  Focus 1: Is the identity of the network car still awkward?

  The "Measures" give legal status to the industry and promote the healthy development of the industry

  Didi, Uber, Shenzhou Special Car, Easy-to-use Car, and Shouqi Car all issued statements in support of the Measures on the 28th, arguing that the Measures fully considered the market demand, balanced the development of new and old formats, and endowed the online car industry with legal status, creating a fairer legal competition environment, which is of great positive significance for promoting the healthy and orderly development of the online car industry.

  Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said in an interview with that the Measures is the first formal legislation on online car rental in China and even in the world, which will greatly promote the development of the sharing economy and industry represented by China internet plus, better protect consumers’ rights and interests, safeguard the fairness of market competition in new industries, and better solve the staged problems in the replacement of old and new industries.

  Yi Lee, deputy director of internet society of china "internet plus" Research and Consulting Center, said in an interview with that the promulgation of the Measures is of milestone significance to the development of the sharing economy. As a result, the development of the whole sharing economy will be favorable, and the investment industry’s favor for the sharing economy industry will be more obvious.

  Focus 2: Can a private car be converted into a private car?

  Eligible can be registered as an appointment to rent passenger vehicles.

  Compared with the draft issued last year, the Measures no longer require the nature of vehicle use to be registered as "taxi passenger transport", but changed to "booking taxi passenger transport". Does this mean that private cars can also be converted into private cars? Yi Lee said, "My personal understanding is this."

  At the press conference held by the State Council Office on the 28th, Liu Xiaoming, Vice Minister of the Ministry of Transport, said, "We have reasonably relaxed the conditions of the platform company of the network car, and do not require our own vehicles to adapt to the characteristics of the platform company’s light asset operation. This is the biggest feature."

  The "Measures" show that the "Network Booking Taxi Transport Certificate" will be issued to vehicles that meet the requirements and are registered as reserved taxis. If the city people’s government has other provisions on the issuance of the "Network Booking Taxi Transport Certificate" for online car rental, those provisions shall prevail.

  Focus 3: What are the scrapping standards for the network car?

  Driving 600,000 kilometers, scrapping the driving life for 8 years, quitting.

  What are the requirements for registered online car? Passenger cars with 7 seats or less; Second, install vehicle satellite positioning device and emergency alarm device with driving record function; 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 of vehicles shall be determined by the corresponding taxi administrative departments in accordance with the development principles of high-quality service and differentiated operation, combined with local actual conditions.

  In addition, the "Measures" stipulate that when the mileage of the network car reaches 600,000 kilometers, it will be scrapped; When the mileage does not reach 600,000 kilometers but the service life reaches 8 years, you will quit the network car business.

  Gu Dasong, associate professor of the Law School of Southeast University and executive deputy director of the Research Center for Traffic Law and Development, said in an interview with that this means that the industry implements an access mechanism and sets a certain threshold for registered online car.

  Focus 4: How to set the price of the network car?

  Need to comply with state regulations, clearly mark the price war or put an end to it.

  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 clearly stipulates that the market-adjusted price should be implemented for online car rental, and the city people’s government can implement the government-guided price if it deems it necessary.

  The "Measures" stipulate that the network car platform company shall announce and determine the meter pricing method that conforms to the relevant provisions of the state, reasonably determine the freight rate of the network car, and implement clear price tag. There shall be no unfair price behaviors such as crowding out competitors or monopolizing the market, operating at a price lower than the cost, disrupting the normal market order, damaging the national interests or the legitimate rights and interests of other operators, and there shall be no price violations.

  Yi Lee believes that the regulation of the online car rental price this time is actually a balance of interests between the taxi and the online car rental. Liu Xiaoming also mentioned that the promulgation of the "Measures" fully absorbed the rational opinions and suggestions from all sides and comprehensively balanced the interests of all sides, which was finally formed after repeated discussions and revisions.

  Will the network car burning money war disappear completely? Gu Dasong believes that the "burning money" war will not disappear completely, and price concessions can still be implemented under reasonable prices.

  On the enterprise side, Liu Qing, the president of Didi, recently mentioned many times that it would reduce the subsidy for online car rental; The relevant person in charge of Yizhi Public Relations Department told that the online car market will gradually return to market rationality and develop in the direction of high quality, high price, personalization and humanization, and the previous price competition will turn to value and service competition.

  Focus 5: Can a private car ride or carpool?

  Encourage standardized development and formulate corresponding regulations in various places.

  The "Opinions" propose to standardize the sharing of private passenger cars. Private car sharing, also known as carpooling and hitchhiking, is a shared travel mode in which the car sharing service provider releases travel information in advance, and people with the same travel route choose to take the car sharing service provider, share part of the travel cost or help each other for free.

  The Opinions make it clear that carpooling of private passenger cars is conducive to alleviating traffic congestion and reducing air pollution. The city people’s government should encourage and standardize its development, formulate corresponding regulations, and clarify the rights and obligations of carpooling service providers, carpoolers and carpooling information service platforms.

  The "Measures" stipulate that private car sharing, also known as carpooling and hitchhiking, shall be implemented in accordance with the relevant provisions of the city people’s government.

  Focus 6: How to ensure passenger safety?

  The driver has a strict entry mechanism and no driving record after drinking.

  The "Measures" not only set requirements for vehicle performance, but also set requirements for drivers. If there is no traffic accident crime, dangerous driving crime record, no drug abuse record, no driving record after drinking, no record of 12 points in the last three consecutive scoring cycles, no violent crime record, etc. In addition, it is also stipulated that the network car platform needs to sign various forms of labor contracts or agreements with drivers.

  Zhu Wei said that the "Measures" actually improved and refined the entry threshold for drivers and made passengers feel more secure. "In addition, the signing of the driver in the Measures, the positioning of the network car configuration, one-button alarm and other functions will greatly increase the difficulty of criminals committing crimes, thus ensuring passenger safety."

  Before the promulgation of the "Measures", incidents of injuries to drivers of online car-related vehicles occurred from time to time, and the refusal to load and detour of online car-related vehicles also suffered a lot. The "Measures" also regulated the behaviors of drivers of online car-related vehicles, such as stopping passengers and detouring, and offenders would be punished.

  Liu Xiaoming believes that the "Measures" have set strict access conditions for drivers of online car rides due to their high flexibility and difficulty in management and control, which can maintain public safety to the maximum extent and ensure road traffic safety and passenger travel safety.

  Focus 7 How to protect personal information security?

  Personal information of passengers shall not be provided to any third party.

  The "Measures" stipulate that the network car platform company should inform the purpose, method and scope of the collection and use of personal information such as drivers, car owners and passengers in a significant way through its service platform. Without the express consent of the information subject, the network car platform company shall not use the aforementioned personal information for other businesses.

  In addition to cooperating with the state organs to exercise the power of supervision and inspection or criminal investigation according to law, the online car platform company shall not provide any third party with personal information such as the name, contact information, home address, bank account or payment account, geographical location, travel route, etc. of the driver, car owner and passenger, 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 should abide by the relevant national regulations on network and information security, and the collected personal information and generated business data should be stored and used in the mainland of China for a period of not less than two years. Unless otherwise stipulated by laws and regulations, information and data should not be exported.

  Focus 8: Taxi or replaced by network car?

  The number of online cars depends on passengers and the market.

  Regarding the argument that traditional taxis will be eliminated, Liu Xiaoming said that cruise cars and online taxis have their own characteristics, and who they will be eliminated by depends mainly on passengers and the market.

  Yi Lee believes that the "Measures" do not specify the number of online car-sharing, which reflects the principle of market regulation, which is a development opportunity for the online car-sharing platform.

  Gu Dasong believes that the "Measures" have made detailed regulations on the price of online car, which will actually have an impact on the number of online car markets. 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.

  The relevant person in charge of Didi told Zhongxin. com that at present, the online car ride only carries about 1% of the daily travel demand of urban population in China. The "Measures" deleted the quantitative restrictions in the original draft, and stipulated that the market adjusted price should be implemented in principle, giving the market, platforms and drivers greater autonomy.