Decree of the People’s Government of Jiangsu Province
　　No. 76
　　The Measures of Jiangsu Province on Administration of the Motor Vehicle Drivers Training, discussed and adopted at Eighty-second Executive Meeting of the Provincial People’s Government on January 4, 2012, are hereby promulgated and shall enter into effect as of March 1, 2012.
　　Governor Li Xueyong
　　January 7, 2012
　　The Measures of Jiangsu Province on Administration of the Motor Vehicle Drivers Training
　　Chapter I General Provisions
　　Article 1 These Measures are formulated in accordance with the People’s Republic of China on Road Traffic Safety, the Regulations of the People’s Republic of China on Road Transportation and other laws and regulations, in light of the specific situation of this Province, and for the purposes of standardizing the operation activities of motor vehicle drivers training, improving the quality of motor vehicle drivers training, safeguarding the legal rights and interests of the parties, preventing and decreasing road traffic accidents and promoting the healthy development of the trade of motor vehicle drivers training.
　　Article 2 Anyone that, within the administrative region of this Province, engages in motor vehicle drivers training operation activity receives motor vehicle driving skill training or conducts relevant supervision and administration activity shall abide by these Measures.
　　Article 3 The competent departments of communications and transportation of the local people"s governments at or above the county level shall be responsible for organizing and leading the administration work of motor vehicle drivers training within their respective administrative regions.
　　The administration institutions of road transportation at or above the county level shall be responsible for performing the concrete administration work of motor vehicle drivers training.
　　The departments of public security, planning, industrial and commercial administration, security supervision and price shall, in accordance with their respective legal responsibilities, do well the relevant work of supervision and administration on motor vehicle drivers training.
　　Article 4 The administration institutions of road transportation shall, in accordance with the road transportation development plan and the market supply and demand condition, in the light of the principle of rational distribution and orderly development, formulate the market development plan for motor vehicle drivers training.
　　The training sites for motor vehicle drivers training shall be incorporated as traffic facilities into the local urban and rural planning land .
　　Article 5 The industry association of motor vehicle drivers training shall play its role in trade self-discipline and trade service, guide the operators of motor vehicle drivers training (hereinafter referred to as the drivers training operators) to operate under the law and provide standard services.
　　Chapter II Operation Permit
　　Article 6 Anyone that applies to engage in the operation activity of motor vehicle drivers training shall comply with relevant conditions prescribed by the State.
　　The administration institutions of road transportation shall, in accordance with the market development plan of motor vehicle drivers training, implement operation permits of motor vehicle drivers training in an openly manner, based on merits
　　Article 7 Anyone that engages in motor vehicle drivers training operation activity shall apply to the local administration institutions of road transportation at the county level; anyone that engages in motor vehicle drivers training operation activity in the city zone of the city Pided into districts shall apply to the administration institutions of road transportation of the city Pided into districts.
　　Anyone that applies in accordance with the provisions in the preceding paragraph shall submit the following materials:
　　(1) the application letter for administrative permit of communications and transportation;
　　(2) the identity certificate of the applicant;
　　(3) the certificate of the right to the use of the operation place;
　　(4) the certificate of the right to the use of the training site or the certificate of other rights; where the rented land is adopted as the training site, the land renting contract that has been submitted for filing shall be submitted and the renting period shall not be less than 5 years;
　　(5) the technical condition information of the training site;
　　(6) the technical condition information of the teaching vehicles (it is unnecessary for the applicant that engages in the operation of motor vehicle drivers training site to submit)；
　　(7) the purchase contracts of the teaching vehicles or the motor vehicle registration certificates (it is unnecessary for the applicant that engages in the operation of motor vehicle drivers training site to submit);
　　(8) the list of various facilities and equipments;
　　(9) the name list, qualifications and professional title certificates of the motor vehicle driving trainers that are planed to be employed (hereinafter referred to as the trainers) and other employees; and
　　(10) other relevant materials that shall be submitted as prescribed by the laws, regulations and rules.
　　Where the applicant promises to implement the relevant provisions in the preceding paragraph, the promise letter shall be submitted at the same time.
　　Article 8 The administration institution of road transportation shall complete the review and make the decision within 15 days after receiving the application. Where a permit is granted, the approval decision of the permit shall be issued to the applicant, which states the operation ranges (including operating items, training capability and training contents), operation areas, operation sites, vehicle types and quantity, classification and number of trainers, training site locations and other permitted items; where the permit is denied, the decision shall explain the reasons and notify the applicant who is entitled to apply for administrative review or bring up an administrative action.
　　Where the licensee implements the permitted items in accordance with the requirement of the approval decision of the permit, the administration institution of road transportation shall, within 10 days after the promised period expires, issue the permit certificate of motor vehicle drivers training operation and issue the road transportation certificate for the teaching vehicles that comply with the conditions. Where the person that receives the permit fails to implement the permitted items in the promised period without justified reasons, the administration institutions of road transportation shall revoke the approval decision of the permit.
　　Article 9 Anyone that fails to obtain the operation permit of motor vehicle drivers training may not engage in motor vehicle drivers training operation.
　　The permit certificates of motor vehicle drivers training operation shall not be transferred, leased or loaned.
　　Article 10 Where the drivers training operators that have obtained first or second class training operation qualifications prescribed by the State and have more than 50 teaching vehicles in total apply to add 4 types of vehicles, including large passenger buses, middle passenger buses, towing vehicles and city buses, they may, in accordance with the actual need, equip with the corresponding numbers of vehicles.
　　Article 11 Where the drivers training operators merge or separate their motor vehicle drivers training operation or increase operation items, training contents and training capabilities, they shall, in accordance with the provisions of Article 7 and Article 8 in these Measures, go through anew the formalities for permission.
　　Where the drivers training operators alter the training sites and other permitted items, they shall apply to the administration institutions of road transportation that made the original approval decisions; where they comply with legal conditions and standards, the administration institutions of road transportation shall go through the formalities of alteration under the law.
　　Chapter III Operation and Administration
　　Article 12 The drivers training operators shall, in accordance with permitted operation ranges, operation areas, and training sites and other permitted items, conduct their training operation activities.
　　Article 13 The drivers training operators shall hang the display certificates of motor vehicle drivers training at conspicuous positions of their operation places and publicize their operation ranges, items and standards for charging fees, trainers, teaching vehicles and training sites, etc.
　　Article 14 The drivers training operators shall establish and perfect the administration system for safety and emergency support, strengthen safety administration during training process, maintain teaching facilities and equipments in good technical condition and safeguard training safety.
　　The drivers training operators shall purchase the motor vehicle compulsory third party liability insurance for their teaching vehicles. The drivers training operators are encouraged to purchase personal accident insurance for the persons attending motor vehicle driving skill training (hereinafter referred to as the trainees).
　　Article 15 The drivers training operators shall, in accordance with the teaching syllabi prescribed by the State and the unified training materials compiled by the State or this Province, conduct the training, strengthen the cultivation of the trainees" consciousness of road traffic safety and energy saving, the training of driving skills of safety and energy saving, establish and perfect the administration system of operation administration, staff training and training time calculation, and continually improve the training quality.
　　The drivers training operators shall, in accordance with the relevant provisions of the State, issue motor vehicle drivers training graduation certificates to the trainees that pass the training examinations.
　　Article 16 Motor vehicle driving training shall implement the teaching hour system. The training cost consists of theory training hour fees, driving operation training hour fees and driving simulation operation hour fees. The drivers training operators shall formulate hour fee charging standard and the training charging items and charging standard shall, in accordance with the relevant provisions of the State, be submitted to the local competent department of price for filing and then be publicized. The charge of each item of motor vehicle driving training shall be calculated separately.
　　No drivers training operators shall charge beyond charging items and charging standards that have been submitted for filing, conduct malicious competition by offering price lower than the cost or disturb market order of motor vehicle drivers training with other price methods.
　　Article 17 The drivers training operators shall, in accordance with relevant provisions of the State and this Province, fill in the motor vehicle drivers training records of the People’s Republic of China (hereinafter referred to as the training records) made out under the unified supervision of the administration institutions of road transportation of this Province and shall, on a regular basis, submit the training records and students enrollment materials to the local administration institutions of road transportation.
　　The administration institutions of road transportation shall, in accordance with relevant provisions of the State and this Province, review and check the training records. No units or inPiduals shall falsify and fabricate or use falsified and fabricated training records.
　　Article 18 The training scale and service capability of the operational training sites shall not exceed the ratified operating loading capacity. 
　　The operational training sites shall not provide operational training services for non-teaching vehicles.
　　Article 19 The drivers training operators shall not, in their own names, permit others to engage in motor vehicle drivers training and operation activities and shall not use non-teaching vehicles for motor vehicle drivers training.
　　The drivers training operators shall not lease or lend the teaching vehicles to others for training and operation activities.
　　Article 20 The drivers training operators shall, in accordance with the provisions, use driving training intelligentized information system and improve their management level and teaching methods by using multimedia teaching software, driving simulators, training hour recorders and other advanced technology means .
　　Article 21 The drivers training operators shall establish the archives of the trainees, the trainers and the teaching vehicles. The preservation period of the archives of the trainees shall not be less than 4 years, the archives of the teaching vehicles shall be preserved until one year after the vehicle scrapping, and the archives of the trainers shall be preserved for a long time and shall be transferred when the trainers change their service units.
　　Chapter IV Trainees, Trainers and Teaching Vehicles
　　Article 22 The trainees shall participate in the training of the drivers training operators.
　　The drivers training operators shall sign training contracts with the trainees and specify operation categories, methods, charging items and charging standards of the training; where the trainees entrust the drivers training operators to go through the formalities of driving license examination registration and examination site adaptation, they shall specify relevant fees, materials for submittal and other items in the contracts. The trainees may, in accordance with the training hours, pay the fees by installment. The contracts may refer to the sample forms recommended by the provincial administration institutions of road transportation.
　　Article 23 The trainees shall be entitled to select the trainers, make agreements on the training hours with the drivers training operators, and be entitled to refuse to pay the training fees not included in the contracts.
　　The trainees shall complete training hours in accordance with the teaching syllabi, sign the training records according to the facts, standardize the use of training hour recorders and participate in graduation examinations.
　　Article 24 The trainers shall comply with the conditions prescribed by the competent department of communications and transportation of the State Council and shall only engage in driving training after they pass the examinations of the provincial administration institutions of road transportation and obtain the certificates of trainers for motor vehicle drivers training of the People’s Republic of China (hereinafter referred to as the certificates of trainers).
　　Anyone that conceals relevant information or provides forged material to apply for the certificate of trainer or cheats in the trainer qualification examination, shall not reapply in one year.
　　Article 25 The drivers training operators shall employ the persons that have obtained the certificates of trainers to engage in driving training and sign labour contracts with them under the law; where the drivers training operators plan to employ the persons that have not obtained the certificates of trainers, the drivers training operators shall let them participate in driving teaching skills training and, in accordance with the provisions of the State, sign up with the local administration institutions of road transportation of the city Pided into districts and participate in the examinations for the certificates of trainers.
　　The drivers training operators shall not rent or borrow the certificates of trainers or use the certificates of the trainers that do not engage in actual teaching work to go through the application formalities with the administration institutions of road transportation and the traffic administration departments of the public security organs for training and examinations.
　　Article 26 The trainers shall abide by the following training specifications:
　　(1) conducting training in accordance with the teaching syllabi and training specifications, standardizing the use of training facilities and equipments and filling in the teaching logs and the training records in accordance with the provisions;
　　(2) not providing motor vehicle drivers training operational services to the persons that do not belong to recruited persons of the employing institutions;
　　(3) taking with themselves the certificates of trainers during training activities;
　　(4) not transferring, leasing, lending, altering or forging the certificates of trainers;
　　(5) the trainers shall train the trainees in vehicles during driving operation training and shall set good examples of observing laws and regulations of traffic safety;
　　(6) not conducting training at the training sites that fail to be ratified by the administrations institutions of road transportation and on the roads that fail to be designated by the public security departments;
　　(7) conducting training with civility, respecting the trainees, not insulting, beating or scolding the trainees;
　　(8) not extorting, accepting money and articles, or seeking other benefits from the trainees;
　　(9) not conducting training after drinking wine;
　　(10) immediately ceasing training activities and taking corresponding measures for elimination after finding major hidden dangers of accidents; and
　　(11) other matters as provided by the laws, regulations and rules.
　　Article 27 The drivers training operators shall, on a regular basis, conduct assessment of teaching quality and professional ethic of the trainers, publicize the ranking of the teaching quality of the trainers and supervise and urge the trainers to improve their teaching quality. The trainers shall participate in the continuing education of professional ethic and training business and shall participate in off-the-job training for at least one week in a year.
　　Article 28 The teaching vehicles used by the drivers training operators shall comply with vehicle technical standards prescribed by the State, be installed with rearview mirrors, auxiliary brakes, auxiliary horns, training time recording facilities, fire extinguishers and other safety protection devices, be marked with unified driving training marks and carry road transportation certificates in the vehicles.
　　Article 29 The drivers training operators shall, in accordance with relevant provisions of the State and this Province, conduct examination, maintenance and inspection on the teaching vehicles regularly, conduct technical grade evaluation once in a year, keep the teaching vehicles in good performance to 0comply with the requirements for teaching and driving safety, and timely renew the teaching vehicles in accordance with the provisions.
　　It is prohibited to use scraped vehicles, unqualified vehicles in inspections and other vehicles that fail to comply with the provisions of the State to engage in motor vehicle drivers training operation activities.
　　Article 30 Where the drivers training operators increase teaching vehicles, they shall adapt to the market demand and their qualifications and shall submit to the administration institutions of road transportation for review and check.
　　The drivers training operators are encouraged to use energy saving and environment protection teaching vehicles to conduct teaching.
　　Article 31 Where the drivers training operators increase, renew, alter, change the register of or transfer the ownership of the teaching vehicles, they shall apply to the original licensing organs for obtaining, changing or cancelling the road transportation certificates.
　　Chapter V Supervision and Inspection
　　Article 32 The administration institutions of road transportation shall, in accordance with the law, conduct supervision and inspection of drivers training operation activities and timely rectify malpractices in drivers training operation activities.
　　The administration institutions of road transportation of this Province shall establish the quality and credit assessment system for the drivers training operators and the score system for the teaching acts of the trainers, and shall, on a regular basis, publicize the credit grades of the drivers training operators and the score assessment of the trainers. Where the accumulated scores of the trainers reach the prescribed scores and the drivers training operators commit severely bad acts, the administration institutions of road transportation shall order them to make rectifications within a prescribed period of time.
　　Where the administration institutions of road transportation go through the formalities of increasing the teaching vehicles of the drivers training operators and the trainers examination operation, they shall take the credit assessments of the drivers training operators for reference; where the traffic administration departments of the public security organs go through the formalities of reservation for examination of the drivers training operators, they shall take the credit assessments of the drivers training operators for reference.
　　Article 33 Where the administration institutions of road transportation find the drivers training operators with operation permits fail to meet the conditions for staring the operation or conduct training operation activities beyond the permitted operation ranges, operation areas and training sites, etc., the administration institutions of road transportation shall order them to make rectifications within a prescribed period of time. Where the drivers training operators fail to comply with the legal conditions for the operation permits after the rectifications, the operation permits shall be revoked in accordance with the provisions of the Administrative License Law of the People’s Republic of China.
　　Where the administration institutions of road transportation find the drivers training operators and the trainers resort to fraudulent activities in filling in the training records, the administration institutions of road transportation shall order them to make rectifications within a prescribed period of time.
　　Article 34 The administration institutions of road transportation and the traffic administration departments of the public security organs shall establish and perfect the mechanism of combining motor vehicle drivers training with examinations, sharing information and conducting supervision and restriction, strengthen the coordination and cooperation, implement information administration of the training hours of drivers, examinations and quality tracking.
　　The administration institutions of road transportation and the traffic administration departments of the public security organs shall utilize modern technical measures, realize the combination of motor vehicle driving license examination system with driving training intelligentized information system and safeguard the smooth flow of motor vehicle drivers training and examination information.
　　The administration institutions of road transportation shall regularly circulate the qualifications, the credit assessments and the acts in violation of regulations of the drivers training operators and the trainers to the traffic administration departments of the public security organs.
　　The traffic administration departments of the public security organs shall regularly circulate the trainee examination qualification rates of the drivers training operators, the traffic accidents of the teaching vehicles, the trainers that participate in cheating in the motor vehicle driving license examinations, the acts in violation of regulations and the accidents of the drivers with driving experience less than 3 years to the administration institutions of road transportation. Where the drivers training operators shorten training hours, decrease training items or have low examination qualification rates, the administration institutions of road transportation shall be notified to supervise and urge them to make rectifications.
　　Article 35 Where the traffic administration departments of the public security organs deal with the applications of motor vehicle driving license examinations of the trainees submitted by the drivers training operators, the traffic administration departments of the public security organs shall check the training records of the drivers training operators, and shall collect and store the training records when dealing with the road examinations. Where the traffic administration departments of the public security organs find the training records that are suspected of resorting to fraudulent activities, they shall inquire and verify; where the case proves to be truthful, the traffic administration departments of the public security organs shall cancel examination qualifications of the applicants and give written notices to the administration institutions of road transportation.
　　The traffic administration departments of the public security organs shall issue safe driving experience certificate to the persons that participate in the qualification examinations of trainers for motor vehicle driving training.
　　Article 36 The traffic administration departments of the public security organs shall suspend the examination applications of the drivers training operators that are ordered to make rectifications within a prescribed period of time or to suspend operation for internal correction .
　　Article 37 The administration institutions of road transportation and the commercial and industrial administration departments shall establish information sharing mechanism to share the operation permits of motor vehicle drivers training, industrial and commercial administration registration and other information.
　　Chapter VI Legal Liability
　　Article 38 Where the drivers training operators, in violation of the provisions of Article 12 in these Measures, fail to conduct training operation activities in accordance with the permitted operation areas, the training sites and other permitted operation items, the administration institutions of road transportation at or above the county level shall order them to make rectifications within a prescribed period of time and give them warnings; where they fail to make rectifications at the expiration of the time limit, a fine of not less than RMB5,000 yuan but not more than RMB20,000 yuan shall be imposed.
　　Where the drivers training operators, in violation of the provisions of Article 19 in these Measures, permit others to engage in motor vehicle drivers training and operation activities in their own names, or lease or lend the teaching vehicles to others for training and operation activities, the administration institutions of road transportation at or above the county level shall order them to cease the illegal acts, confiscate the relevant certificates and impose a fine of not less than RMB2,000 yuan but not more than RMB10,000 yuan.
　　Article 39 Where the drivers training operators, in violation of the provisions in these Measures, commit any of the following acts, the administration institutions of road transportation at or above the county level shall ordered them to make rectifications and shall imposed a fine of not less than RMB1,000 yuan but not more than RMB5,000 yuan on each motor vehicle:
　　(1) using non-teaching vehicles for motor vehicle drivers training;
　　(2) using teaching vehicles that fail to obtain road transportation certificates or the teaching vehicles with invalid road transportation certificates for motor vehicle drivers training; and
　　(3) using scrapped vehicles, unqualified vehicles or the vehicles that do not comply with the provisions of the State for motor vehicle drivers training.
　　Article 40 Where the drivers training operators, in violation of the provisions in these Measures, commit any of the following acts, the administration institutions of road transportation at or above the county level shall ordered them to make rectifications within a prescribed period of time and shall imposed a fine of not less than RMB500 yuan but not more than RMB3,000 yuan:
　　(1) failing to, in accordance with the provisions of Article 13, hang driving training permit certificates or publicize the operation range, the trainers, the teaching vehicles and the training sites;
　　(2) failing to, in accordance with the provisions of Article 17, fill in and submit the training records;
　　(3) failing to, in accordance with the provisions of Article 20, use the driving training intelligentized information system;
　　(4) failing to, in accordance with the provisions of Article 21, establish and preserve the archives of the trainees, the trainers and the teaching vehicles; and
　　(5) failing to, in accordance with the provisions of Article 27, conduct assessment and continuing education of the trainers.
　　Article 41 Where the drivers training operators,  in violation of the provisions in these Measures, commit any of the following acts, the administration institutions of road transportation at or above the county level shall order them to make rectifications within a prescribed period of time, and where the situation is serious, a fine of not less than RMB5,000 yuan but not more than RMB10,000 yuan shall be imposed; where they fail to make rectifications at the expiration of the time limit, the original licensing organs shall revoke their operation permit certificates:
　　(1) failing to conduct training in accordance with the teaching syllabi prescribed by the State;
　　(2) forging training hours; and
　　(3) falsifying, fabricating and using falsified and fabricated training records.
　　Article 42 Where the operational training sites and the drivers training operators, in violation of the provisions in these Measures, commit any of the following acts, the administration institutions of road transportation at or above the county level shall order them to make rectifications within a prescribed period of time and a fine of not less than RMB1,000 yuan but not more than RMB5,000 yuan shall be imposed:
　　(1) the training scale and service capability, in violation of the provisions of Article 18, exceeding the ratified operating loading capacity or providing operational training services to non-teaching vehicles;
　　(2) in violation of the provisions of Article 18, renting or borrowing the certificates of trainers or use the certificates of the trainers that do not engage in actual teaching work to go through the application formalities for training and examinations, or employing the persons that have not obtained the certificates of trainers to directly engage in driving training;
　　(3) using the teaching vehicles that fail to comply with the provisions of Article 28; and
　　(4) failing to, in violation of the provisions of Article 29, conduct examinantion, maintenance and inspection on the teaching vehicles regularly.
　　Article 43 Where the trainers violate the provisions of Paragraph 1 to Paragraph 8 in Article 26 of these Measures, the administration institutions of road transportation at or above the county level shall order them to make rectifications within a prescribed period of time, give them warnings or a fine of RMB500 yuan shall be imposed; where the trainers continue to engage in teaching during the rectifications, a fine of RMB1,000 yuan shall be imposed by the administration institutions of road transportation at or above the county level.
　　Where the trainers obtain the certificates of trainers through inappropriate means such as default or bribery, the administration institutions of road transportation of this Province shall revoke their certificates of trainers and shall not accept their applications for trainers examinations within 3 years after the revocation.
　　Where the trainers conduct training under the influence of alcohol, forge the training hours of the trainees or cause major accidents and take main liabilities during teaching, the administration institutions of road transportation of this Province shall revoke their certificates of trainers.
　　Article 44 Where the staff members of the administration institutions of road transportation and the traffic administration departments of the public security organs, in violation of the provisions in these Measures, commit one of the following acts, they shall be given administrative sanctions; where the case constitutes a crime, criminal liability shall be investigated for under the law.
　　(1) implementing administrative permit in violation of the laws;
　　(2) taking part in motor vehicle drivers training operation or doing so in disguised forms;
　　(3) extorting or accepting money or articles from others, or seeking other benefits;
　　(4) accepting the examination applications of the trainees that fail to submit valid training records; or
　　(5) other acts of abusing power and engaging in malpractices for personal gain.
　　Chapter VII Supplementary Provisions
　　Article 45 The charging standard of the cost of motor vehicle drivers training permit certificates and relevant certificates shall be checked and ratified by the competent departments of finance and price of the provincial people"s government in junction with the competent department of communications and transportation.
　　Article 46 The competent departments of agricultural machinery shall conduct administration on the qualification of the special schools and classes for tractor driving training.
　　Article 47 These Measures shall enter into effect as of March 1, 2012.