After the "burnt money" wars of the taxi platforms in the past two years: Uber officials disclosed a loss of one billion U.S. dollars a year in China in order to expand their business in China; although there are no similar figures released by the U.S., some media have calculated the number of drops in 2015. At least 10 billion yuan in losses. The entire car market spent about RMB 20 billion in subsidies last year.

According to the report of CNNIC in December last year, the number of users in the special car market reached 21.65 million, 55.1% of which will be called by mobile phone software. Among them, more than 5 million users have high reliance on private cars. After relying heavily on subsidizing the education market, the special car has become a relatively mature market.

However, this type of service, known as "net-based vehicle-based" service, has become a key factor that restricts the development of the industry because of the unclear issues concerning the regulatory body, security, and platform responsibilities. Therefore, in the case of legal blanks, the "Networking Vehicle" needs to "have some momentum".

This afternoon, at the press conference of the State Council’s new office, two documents, “Guiding Opinions on Deepening the Reform to Promote the Healthy Development of the Taxi Industry” and “Interim Measures for the Management of Online Booking of Taxi Business Services,” were issued at the same time. Will be formally implemented on November 1.

The Guiding Opinion divides taxis into two categories: cruising taxis and booking taxis. For the first time, it proposes the inclusion of Internet special vehicles into the management of “prepaid rental passenger transportation” to clarify the positioning of the taxi industry and clarify the legal status of the online vehicle. This means that the issue of the "identity" of the Internet Vehicle has finally been legislated.

In October last year, the "Guiding Opinions" and the "Provisional Measures" draft led by the Ministry of Communications had publicly solicited opinions, but many issues were not considered well-considered. They did not take into account the special circumstances of online dating vehicles. They were not controversial because they were controversial. Introduced.

Previously, the major disputes in the industry lie in the following three points:

(1) The number of years of scrapping for vehicles operating on the network does not exceed 8 years;

2, the network about the car driver must sign a labor contract with the platform;

3. The online tour operator shall conduct relevant business after obtaining the corresponding "Road Transport Operation Permit" and applying for internet information service registration by the competent communication department of the province, autonomous region and municipality directly under the central government where the enterprise is registered.

Compared with the consultation draft, the content of the new regulation changes greatly:

In addition to the license management of the e-vehicle platforms, drivers, and vehicles, the eight-year scrapping rule was abolished, and when the mileage was 600,000 kilometers, it was scrapped, which is more in line with the part-time Internet sharing economy. .

The “Provisional Measures” also removed the original quantitative restriction clause, stipulating that market regulation prices should be implemented in principle, giving the market, the platform and the driver greater autonomy, and affirming new travel modes such as rides and carpooling.

As a whole, the policy has become more open to the regulation of online vehicles, and the legal status of the Internet has been further defined.

It is clear that if a private car is converted into an online car, it shall meet three basic conditions: passenger vehicles of 7 seats or less; a satellite positioning device and emergency alarm device equipped with a driving record function; and the technical performance of the vehicle meets the operational safety-related standards.

This does not mean that private cars can do special cars. Private cars must be registered as reserved rental passengers, and they must obtain the “Network Booking Taxi Transport Permit” to be converted into a compliant operating vehicle before they can engage in online booking service.

The driver must meet the driving age of more than 3 years. No traffic violates the criminal record and he must obtain the “Network Booking Taxi Driver License”.

It is clear that the company’s platform must bear the heavy responsibility of the carrier: in the event of an accident, there is a clear responsibility for the protection of the legitimate interests of passengers and drivers.

1, on the nature of the vehicle registration vehicle about the nature of the problem.

In an interview with the media, Zhu Hao, deputy director of the Communication Law Research Center of the China University of Political Science and Law, said that the nature of online dating vehicles was categorized as " pre-reserved rental passenger transportation" from the previously obscure "road transport" and was supervised as a new format. After the identification was made, since it was not a traditional vehicle, the follow-up period included the number of years of retirement, whether the labor contract was signed with the platform, whether the price accepted the government guidance price, etc., all changed.

2, on the labor contract issue . Considering that the signing of a labor contract between the company and the driver may affect some of the part-time drivers engaging in online vehicle operation, the Interim Measures clearly sign labor contracts or agreements in order to adapt to the requirements of the network-based car for special and part-time employment.

Zhu Xi said that the labor contract law clearly stipulates that full-time employment and part-time employment are separate, and non-full-time employment may not sign a written agreement, and the Provisional Measures provide more flexible arrangements for labor contracts.

3, the network about car pricing issues. The "Interim Measures for Management" stipulates that online booking of taxi cars must not exclude or restrict competition, and must not impede fair competition in the market. They must not disrupt the normal market order in order to exclude competitors or monopolize the market and operate at prices below the cost. The network about car platform company should reasonably determine the network about the car price, implement the price tag, and provide passengers with the corresponding taxi car invoice.

This means that companies such as Didi, Uber, etc. will have less subsidies for passengers and drivers, and will not be able to carry out price wars. The rider prices will be subject to market adjustment prices and “necessary government guidance prices”, which are mainly aimed at the price rises of platforms like rain and snow.

4, carpool carpool problem. The Guiding Opinion encourages private carpooling. However, carpooling cannot be used for the purpose of profit. It is necessary to meet the following criteria: only the cost of travel or free mutual assistance is shared, and some of the allocated travel costs are limited to direct costs such as fuel costs and tolls.

The reform plan proposes that all localities must formulate supporting regulations in light of the actual conditions of the city, define the boundary between the private passenger car and the network, and prevent the illegal operation under the banner of “satisfaction” and “carpooling”.

It is understood that taking into account the different conditions in different places, the special car management method currently only proposes a large framework, and the detailed operating rules need to be finalized. Therefore, a three-month policy transition period is reserved for this purpose. With regard to the introduction of the New Deal today, several domestic car platforms have each indicated their own attitude:

In Didi's official statement, we earnestly hope that local governments at all levels will be able to safeguard the interests of the people and facilitate the people’s life as the fundamental goal in the implementation of the central government’s policies, encourage innovation, simplify government and decentralize power, and develop new industries. Create a good environment.

In the official statement of Uber in China, we will fully cooperate with the cities in formulating corresponding implementation details and are confident that we will obtain the operating license issued by the local government at the first time.

In the easy-to-reach official statement: Easy to continue to actively obey, cooperate with the supervision and management of the competent government departments, and appropriately adjust the business layout according to the specific conditions of the policy.

On the other hand, this means that the car platform will apply for additional details, or how much time will be required to pass the review. The decision will be made by the local management department. Local governments will issue local rules starting from November this year, and the qualifications of all car platforms, vehicles and drivers will also be gradually approved.

With the introduction of the New Deal, the traditional taxi model may be completely subverted, and the taxi market will return to rationality. But for most passengers, their travel costs may not be as cheap as before.

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