Is the car rental service of the "dispatch driver" leased?

The "Administrative Measures for the Management Service of Small and Micro Bus Leasing Business" issued by the Ministry of Transport clearly stipulates that "the driving service shall not be provided with the car". However, in recent years, the drilling regulations of operators have established a labor service company after registering for the establishment of a car rental company. Passenger operation. When law enforcement officers seized such leased vehicles according to the report, they were dispatched by third -party labor services due to driving services, lacking necessary evidence and management methods, and can only be released. At present, such phenomena are more common in some third- and fourth -tier cities, bringing a lot of hidden dangers of transportation, but there is no effective solution. Whether the "two -handed" car rental behavior is legal and how to determine, the author has conducted in -depth analysis from a typical case. Typical cases seized the rental passenger car with the driver, but they could only "release and deal with" a transportation authority from a transportation authority to receive a report, saying that a nine cars illegally provided the county passenger charter operation services. According to the report clues, the competent transportation department has successfully seized the vehicle reported. However, after further investigation, it was found that the vehicle was owned by a car rental company. The vehicle driving license was registered as the lease nature. The driver who provided the driver's service with the car was dispatched by another labor service company with an independent legal person and carried the driver with the car and carried the driver. The labor contract, the dispatch form of the labor service company, and the "Labor Employment Contract" signed by the lessee and the labor company to prove that driving with the car is not provided by a car rental company, but a third -party labor company selected by the lessee. Therefore, the provisions of Article 11 of the "Administrative Measures for the Management Service of Small and Mini Bus Rental Management" on, paragraph 11 of the "not allowed to provide driving services with the car" shall not be punished by Article 25 of the Measures. In the end, the case was insufficient because of insufficient evidence, and it could only be released on the reported vehicle. The "two -handed" car rental business model needs to interfere with the vehicle provided by the car rental company, sending drivers with a car with a labor company, and a second -in -one engage in rental vehicle business activities. Under the current framework of the existing legal system, the business form of "two -handed" seems to effectively avoid the "Administrative Measures for the Management of Small and Microblot Rental Management Service" on car rental operators. Sexual regulations. However, the author believes that for this "one -handed two -handed" car rental model, it is actually illegally engaged in charter passenger operations in disguise. It should be grasped strictly, starting with the consequences of objective behavior, to determine the substantial illegality of the behavior, and prevent illegal operators from abusing civil rights to damage the legitimate rights and interests of other legal operators. In the following, the author specifically analyze and discusses the five aspects of responsibility, applicable to law, security responsibility, responsibility, and prohibition of rights to abuse rights. Analysis from the subject of responsibility. Article 11 of the "Administrative Measures for the Management Service of Small and Micro Bus Leasing Management" on the "not allowed to provide driving services with the car". Operators. From the perspective of behavior effects, whether it is car rental operator or a third -party labor service company to provide driving services with the car, its behavior effects are the same, and they all provide driving services with the car. Therefore, the author believes that the responsible subject of "must not provide driving services with the vehicle" should be properly expanded from the effect of behavior and legislative purposes. It should include not only car rental operators themselves, and situations provided by third parties. The expansion of the subject of the responsibility of this clause does not exceed the legislative purpose and its predictability. Because "not providing driving services with the vehicle" is the legal boundary between the two operating behaviors of car rental and charter passenger transportation, and it should be strictly distinguished and identified. For example, the responsible entity of the claim that "not to provide driving services with the car" only refers to the car rental operator, which is undoubtedly equivalent to allowing car rental operators to avoid The regulations allow the provisions of "not to provide driving services with the vehicle". Analysis from the perspective of current regulations. Because "not providing driving services with the vehicle" is the basic criterion for car rental operations, in the full text of the "Administrative Measures for the Management Service of Small and Microblies", it has not involved relevant regulations such as the qualifications of the driver. According to Article 6 of the "Regulations on the Management of Road Transport Practitioners", "the state implements the employment qualification examination system for business road passenger and cargo transport drivers, road dangerous cargo transportation practitioners. Transport practitioners must obtain the corresponding employment qualifications to engage in the corresponding road transportation activities. "If the words" not allowed to provide driving services with the car "are allowed to be dispatched by third parties to provide driving service dispatch. How to determine how to collect the corresponding labor service for driving services and whether to manage the qualifications of the job. Obviously, the problem cannot be answered under the existing institutional framework, and it has become a loopholes that illegal operators can drill.

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