The Ministry of Transport, in conjunction with the Ministry of Public Security, the Ministry of Human Resources and Social Security, the All-China Federation of Trade Unions, and 16 other departments, jointly issued.
2021-10-12 00:00
Recently, the Ministry of Transport, in conjunction with the Ministry of Public Security, the Ministry of Human Resources and Social Security, the All-China Federation of Trade Unions, and 16 other departments, jointly issued the "Opinions on Strengthening the Protection of Truck Drivers' Rights and Interests."
The "Opinions" adhere to a combination of long-term and short-term measures, addressing both symptoms and root causes, promoting collaboration, and implementing comprehensive governance. It focuses on the concerns raised by truck drivers regarding difficulties in parking and resting, inconvenient processing of licenses, price suppression induced by internet platforms, challenges in urban traffic for truck drivers, issues of fuel theft and cargo theft, inadequate social security, unreasonable vehicle scrapping policies, and irregular law enforcement on the roads, as well as unresponsive complaint channels. It proposes nine key tasks: first, strictly regulate fair and civilized law enforcement; second, ensure smooth complaint channels for truck drivers; third, simplify procedures for truck drivers to handle affairs and obtain licenses; fourth, optimize and adjust restrictions on truck operations; fifth, improve parking and resting conditions for truck drivers; sixth, legally combat vehicle thieves and road bullies; seventh, standardize the operational behavior of new online freight models; eighth, promote truck drivers' participation in social insurance; ninth, reasonably guide the supply in the freight market.
It is especially important to note that the "Opinions" propose exploring the establishment of a record management system for internet road freight information trading platforms, creating a social supervision mechanism, urging platform companies to fully consider the opinions of drivers working on the platform, reasonably determine and adjust service fees, membership fees, pricing rules, bidding mechanisms, and order dispatch rules, and publicly disclose these rules on the platform. They must not induce shippers to unreasonably suppress prices or encourage truck drivers to engage in vicious low-price competition or excessive labor. Legal actions will be taken against internet road freight platforms that harm the legitimate rights and interests of truck drivers. Strengthen monitoring and analysis of the road freight market, regularly publish the highway freight price index, guide truck owners and drivers' market expectations, and promote a reasonable match between transport capacity and freight demand.
To thoroughly implement General Secretary Xi's important instructions on safeguarding the legitimate rights and interests of truck drivers and other employment groups, earnestly carry out the decisions and deployments of the Party Central Committee and the State Council, effectively improve the production and operating environment for truck drivers, and protect their legitimate rights and interests, the following opinions are proposed.
I. Overall Requirements
Guided by Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the second, third, fourth, and fifth plenary sessions of the 19th Central Committee. Firmly establish a people-centered development philosophy, adhere to a combination of long-term and short-term measures, address both symptoms and root causes, promote collaboration, and implement comprehensive governance. Focus on the concerns of truck drivers, strive to standardize administrative law enforcement, ensure smooth complaint channels, improve working and resting conditions, optimize the business environment, and improve the social security system. Effectively enhance the sense of gain and professional belonging of truck drivers, accelerate the construction of a strong transportation country, and promote sustained and healthy economic and social development.
II. Main Tasks
(1) Strictly regulate fair and civilized law enforcement. Law enforcement powers should be exercised strictly according to legal responsibilities, legal authority, and legal procedures, playing an important role in standardizing market order, maintaining safe development, and promoting social stability. Conduct in-depth special rectification of prominent issues in the field of transportation law enforcement, list rectification items, and check them off one by one. Correct issues such as arbitrary fines, arbitrary charges, and using fines instead of management comprehensively. For typical cases of law enforcement issues discovered, conduct in-depth analysis and publicly expose them. Firmly eliminate all unreasonable penalty regulations affecting truck drivers. Strengthen the promotion and popularization of transportation laws and regulations among truck drivers, accelerate the improvement of the collaborative law enforcement mechanism among departments, and combine administrative penalties with education and guidance. Integrate service into law enforcement, effectively change law enforcement concepts, optimize law enforcement methods, standardize discretionary powers in law enforcement, strictly adhere to law enforcement procedures, severely crack down on various illegal and irregular transportation behaviors, and strengthen law enforcement supervision and accountability, making administrative law enforcement more forceful and more humane.
(2) Ensure smooth complaint channels for truck drivers. Transportation and public security departments in various regions should set up complaint hotlines, proactively disclose them to the public, and accelerate the establishment of a mechanism for telephone reception, rapid handling, and timely feedback. Ensure that calls can be connected, received, and matters handled well. The complaint hotline for transportation (including the 12345 government service hotline and the 12328 transportation service supervision hotline) should elevate complaints from truck drivers regarding arbitrary charges, fines, and illegal law enforcement to the provincial transportation authorities for guidance and supervision, adhering to a one-issue-one-handling principle, immediate reporting, immediate investigation, and immediate handling. Strengthen the application of big data analysis for complaint hotlines, and timely optimize and improve management measures for common, regular, and emerging issues in the road freight sector.
(3) Simplify procedures for truck drivers to handle affairs and obtain licenses. Strictly implement the "three inspections in one" reform for ordinary road freight vehicles, conduct vehicle inspections and technical grade assessments according to national standards, and promote the principle of "one-time online, one-time inspection, one-time fee, mutual recognition of results" for freight vehicles. Increase the promotion of electronic credentials in road transport, continuously advance the cross-province handling of high-frequency government affairs for road transport practitioners, and facilitate truck drivers in obtaining qualifications and annual reviews for road transport certificates. Legally and orderly carry out the qualification recognition for scrapping and recycling enterprises, support qualified enterprises in obtaining credentials, and improve the recycling system for scrapped vehicles.
(4) Optimize and adjust restrictions on truck operations. Conduct in-depth rectification of road height and width restrictions that hinder truck passage and inspection checkpoints. Strictly share electronic waybill information for hazardous goods transportation according to the requirements of the "Safety Management Measures for Road Transportation of Dangerous Goods," and reasonably set areas and time periods for restrictions on hazardous goods transport vehicles. Promote the implementation of urban delivery truck management work requirements, consolidate the results of the citywide 24-hour ban on truck passage, and reasonably ensure the basic passage needs of trucks on urban roads.
(5) Improve parking and resting conditions for truck drivers. Increase land support for highway service areas, moderately increase the number of truck parking spaces, optimize parking space settings, and facilitate truck parking. Include parking services in the quality assessment of highway services. Based on demand orientation, systematic planning, coordinated layout, phased advancement, innovative models, and resource integration, rely on existing facilities such as logistics parks and gas stations, as well as the network resources of major backbone enterprises like China Petroleum and China Petrochemical, to accelerate the construction of "Driver's Homes" to provide convenience for truck drivers in parking, resting, dining, washing, showering, and using toilets. Guide road freight operators, shipper enterprises, and logistics companies to legally and scientifically determine truck drivers' working hours, workload, and labor intensity, and reasonably set delivery deadlines to protect truck drivers' rights to rest.
(6) Legally combat vehicle thieves and road bullies. Improve the collaborative mechanism among multiple departments, severely crack down on vehicle thieves and road bullies, strengthen governance in areas such as highway service areas and parking lots along national and provincial roads, and continuously combat illegal activities such as extortion of "protection fees" and theft of vehicle fuel, exhaust treatment devices, and cargo. Standardize the behavior of truck rescue services on highways, publicly disclose service charges and rescue hotline information, and must not force designated rescue agencies or obstruct the entry of rescue agencies commissioned by the parties.
(7) Standardize the operating behavior of the new business model of online freight transport. Improve the management system of online freight platforms and freight information transaction matching platforms, establish a joint evaluation mechanism for online service capabilities related to road transport operating permits, strengthen operational monitoring and dynamic management, enforce corporate responsibility, and standardize business behavior. Explore the promotion of a filing management system for online freight information transaction matching platforms, establish a social supervision mechanism, urge platform companies to fully listen to the opinions of platform drivers, reasonably determine and adjust platform rules such as information service fees, membership fees, pricing rules, bidding mechanisms, and order dispatch rules, and publicly disclose them on the platform. They must not induce shippers to unreasonably lower prices or overload freight vehicles, nor induce truck drivers to engage in vicious low-price competition or excessive labor. Serious legal actions should be taken against online freight platforms that harm the legitimate rights and interests of truck drivers.
(8) Promote truck drivers' participation in social insurance. Research and improve social security policies for truck drivers, innovate insurance participation methods, optimize service handling, support local freight platform companies to participate in pilot programs for occupational injury protection, and effectively safeguard the relevant rights and interests of truck drivers. Promote the lifting of household registration restrictions for truck drivers participating in social insurance at their place of business, improve social insurance handling services, and enhance the fairness and convenience of truck drivers' insurance participation and benefit enjoyment.
(9) Reasonably guide the supply of the freight market. Strengthen monitoring and analysis of the road freight market, regularly publish the road freight price index, guide truck owners and drivers' market expectations, and promote a reasonable match between transport capacity and freight demand. Guide relevant industry associations to regularly publish regional road freight price indices to help shippers, logistics companies, and truck drivers set reasonable prices. Standardize the management of automotive financial products, guide financial institutions to strengthen pre-loan reviews, and reasonably determine the specific loan issuance ratio based on prudent assessments of borrowers' credit status and repayment ability.
Guarantee Measures
(10) Strengthen the leadership of party building work. According to the principles of local management, classified policies, and the combination of party and mass work, actively promote the party's construction in the road freight industry. Encourage localities to carry out joint party building, guide and promote road freight companies and online freight platforms to establish mobile party branches for party members, use information technology to strengthen education and guidance for driver party members, and create conditions for truck drivers to participate in party organization activities. Carry out activities such as party member drivers wearing badges, job demonstrations, and selection of outstanding party member drivers, cultivating a group of policy promoters, safety demonstrators, and conduct supervisors among party member drivers, fully leveraging the role of grassroots party organizations as a stronghold and the exemplary role of party members.
(11) Establish a collaborative mechanism. Relevant departments in various regions should promote the establishment of a collaborative mechanism for the high-quality development of the road freight industry. Based on the responsibilities of each department, strengthen policy coordination and collaboration, promptly coordinate and resolve urgent issues faced by truck drivers, and promote the formation of a joint effort in safeguarding truck drivers' rights.
(12) Enforce responsibilities across all parties. Relevant departments in various regions should attach great importance to the sustainable and healthy development of the road freight industry, incorporating the protection of truck drivers' legitimate rights into the important agenda, researching and formulating supporting policies and measures tailored to local conditions, clarifying task divisions and timelines, and ensuring effective implementation of work. Urge shippers, road freight companies, online freight platforms, logistics parks, highway operating management units, and other entities to change their business philosophy, actively create conditions, optimize service methods, and effectively implement measures to protect truck drivers' rights.
(13) Create a positive public opinion environment. Fully utilize traditional media, new media, and other multimedia methods to widely promote policies and measures that protect truck drivers' rights, allowing truck drivers to fully understand policy directions and enjoy policy benefits. Actively encourage and guide lawyers, grassroots legal service workers, and others to provide high-quality and efficient public legal services. Organize warmth-giving activities for truck drivers, jointly carry out care actions for truck drivers and publicity activities for typical deeds, tell good stories of truck drivers, promote positive energy in the industry, and create a good atmosphere of caring for and loving truck drivers. Transportation Ministry, Central Cyberspace Administration, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Finance, Ministry of Human Resources and Social Security, Ministry of Natural Resources, Ministry of Ecology and Environment, Ministry of Housing and Urban-Rural Development, Ministry of Commerce, People's Bank of China, State Taxation Administration, State Administration for Market Regulation, China Banking and Insurance Regulatory Commission, All-China Federation of Trade Unions, October 11, 2021, Author: Ministry of Transportation.
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