Urban public transportation is like the pulse of a city, beating with the rhythm of development. The birth of the "Urban Public Transportation Regulations" (hereinafter referred to as the "Regulations") has injected the power of the rule of law into this pulse. This issue will deeply analyze the core points of the "Regulations," reveal its profound impact on the urban public transportation system, and look forward to the beautiful future it leads.

The "Urban Public Transportation Regulations" were adopted at the 39th State Council executive meeting on August 19, 2024, and came into effect on December 1, 2024. The "Regulations" consist of six chapters and 54 articles, covering general provisions, development support, operation services, safety management, legal liability, and supplementary provisions. They clarify the definition of urban public transportation, development principles, government responsibilities, and enterprise responsibilities, aiming to build a safe, convenient, efficient, green, and economical urban public transportation system and provide a solid legal foundation for the orderly development of urban public transportation.

1. Development Support: Planning First, Fiscal Support

1.Planning Leads Resource Allocation

Planning is an important means for the government to systematically allocate resources. Article 9 of the "Regulations" particularly points out that the urban comprehensive transportation system plan must clarify the principle of prioritizing public transportation development, and requires city people's governments to formulate urban public transportation plans based on actual conditions and needs.

In terms of ensuring land use, Article 12 of the "Regulations" clearly states that "the city people's government shall guarantee the land use for urban public transportation infrastructure according to law." Given the public welfare nature of urban public transportation, it is also particularly proposed that "where conditions are met, land may be supplied through allocation or agreement-based transfer." This provision opens a green channel for the construction of bus stops, parking lots, maintenance plants, and other infrastructure, enabling public transportation facilities to provide more convenient travel services for citizens.

2.Reasonably Determine Transportation Fares to Ensure Citizens' Basic Travel

The "Regulations" clarify that urban public transportation fares shall be subject to government-set pricing or government-guided pricing system according to law. While ensuring citizens' basic travel, customized travel service businesses may also be carried out. Customized travel service businesses may implement market-adjusted pricing. This provision also provides pricing basis for public transportation fares. At the same time, city people's governments shall organize relevant departments to promptly provide subsidies and compensation to urban public transportation enterprises in a timely manner in accordance with regulations, taking into full consideration factors such as fiscal affordability and space for enterprises to increase revenue and reduce costs.

2. Operation Services: Improving Service Quality and Protecting Passenger Rights

1.Optimizing Line Network Layout to Meet Travel Needs

Chapter 3 of the "Regulations" mainly focuses on passenger needs and makes clear provisions on striving to improve service quality. On the basis of extensively conducting public travel surveys and travel demand analysis, actively promote the "integration of two networks" between buses and urban rail transit, realizing functional complementarity and coordinated development between the two, so that citizens can more conveniently transfer between different transportation modes, reducing travel time and costs.

2.Transparent Information Disclosure to Facilitate Smart Travel

In the information age, timely and accurate information is crucial for passengers. Article 20 of the "Regulations" clearly points out that urban public transportation enterprises shall promptly disclose information such as operating routes, stops, operating hours, departure intervals, and fares through methods that are easy for the public to know. Urban public transportation enterprises are encouraged to provide public information query services through electronic stop signs, travel information service systems, and other information technology means, providing the public with real-time and accurate information query services, making citizens' travel more calm and confident.

3.Flexible Operation Dispatching to Cope with Passenger Flow Peaks

During large-scale mass activities, public transportation passenger flow often surges. Article 23 of the "Regulations" focuses on the situation where public transportation passenger flow gathers due to large-scale mass activities and other situations, and conventional operation service plans cannot meet demand. It clearly stipulates that urban public transportation enterprises shall, in accordance with the instructions of the city people's government's urban public transportation authorities, promptly and properly take measures such as adding temporary trips, reducing departure intervals, and extending operating hours to ensure efficient and smooth operation services and effectively meet citizens' travel needs.

Related Events

Taking the 2024 World F1H2O Motorboat Championship Shanghai China Grand Prix as an example, during the competition, Shanghai Bus No. 5 Company actively responded, fully considering the travel convenience of citizens watching the event, carefully planned and launched shuttle bus services, cleverly helping citizens easily solve the "last two kilometers" travel problem in a "seamless transfer" mode.

【Lawyer's Legal Interpretation】

This measure not only demonstrates the enterprise's responsibility to keenly capture the needs of the masses and proactively innovate service models, but also deeply aligns with the philosophy advocated by the "Regulations." This series of practical and effective measures aims to ensure that public transportation operation services can match passenger flow demand, allowing citizens to enjoy the excitement of large-scale events without worrying about travel problems.

4.Establish Complaint Mechanism to Protect Passenger Rights

To ensure that passengers' opinions and suggestions can receive timely and effective responses, Article 25 of the "Regulations" requires that urban public transportation enterprises shall establish an operation service quality complaint handling mechanism and publish it to the society, promptly and properly handle complaints from passengers and provide feedback on the handling results to passengers; if passengers are not satisfied with the handling results, they may file an appeal with the city people's government's urban public transportation authorities, which shall promptly provide a reply. Passengers may also directly complain to the city people's government's urban public transportation authorities about operation service quality issues.

3. Safety Management: Implementing Safety Responsibilities and Building a Joint Safety Defense Line

1.Comply with Boarding Regulations

Article 35 of the "Regulations" makes clear provisions on passenger boarding regulations. Passengers shall not carry flammable, explosive, toxic, radioactive, corrosive, or other hazardous materials that may endanger personal and property safety into stations for boarding; if passengers insist on carrying them, urban public transportation enterprises shall refuse their entry. Moreover, urban rail transit operating units shall conduct safety inspections on persons entering urban rail transit stations and their belongings in accordance with relevant national regulations; those who refuse to accept safety inspections shall be refused entry. Safety inspections shall comply with relevant operating procedures and improve quality and efficiency.

2.Maintain Boarding Order

In recent years, acts of grabbing the steering wheel of drivers, verbally abusing and beating drivers on public transportation vehicles have occurred from time to time, seriously threatening road traffic safety, some causing significant casualties and property losses, becoming a public safety issue that cannot be ignored.

Typical Cases

Event 1: On a certain day in October 2018, a No. 22 bus in Wanzhou District, Chongqing, collided with a red car on the bridge deck of the Yangtze River Second Bridge in Wanzhou and then fell into the river. The accident caused 15 deaths. After investigation, the cause of the accident was that passenger Liu, due to missing the bus stop, had an argument with bus driver Ran. Liu attacked Ran who was driving with his phone twice. Ran defended and fought back with his right hand, eventually causing the vehicle to lose control and fall into the river.

Event 2: On a certain day in December 2018, on a bus in Haikou, Hainan, passenger Chen had a dispute with the bus driver over the fare and slapped the bus driver in the face while the vehicle was still moving. The bus driver immediately took braking measures to stop the vehicle safely and then called the police to arrest Chen. Chen was sentenced to 4 years of imprisonment by the court for the crime of endangering public security with dangerous methods. Event 3: On a certain day in December 2018, a man in Qujing, Yunnan, demanded the bus driver to stop illegally because he missed his stop, and had an argument with the driver and grabbed the steering wheel. In April 2019, the man was sentenced to 4 years and 6 months of imprisonment by the court of first instance for the crime of endangering public security with dangerous methods.

【Lawyer's Legal Interpretation】

These cases deeply remind people to observe public order and respect public safety. In this regard, Article 36 of the "Regulations" particularly enumerates types of acts that endanger urban public transportation operation safety. For such acts, urban public transportation enterprises shall promptly stop them and take measures to eliminate safety hazards. When necessary, they shall report to relevant departments for lawful handling. The "Regulations" also clearly state that those who violate the provisions of these "Regulations" and constitute acts violating public security management shall be given public security management penalties by public security organs according to law; those constituting crimes shall be investigated for criminal liability according to law.

The acts endangering urban public transportation operation safety enumerated in the "Regulations" mainly include: (1) Illegally intercepting or forcibly boarding or alighting urban public transportation vehicles; (2) Illegally occupying urban public transportation stations or entrances/exits; (3) Unauthorizedly entering urban rail transit lines, vehicle bases, control centers, train cabs, or other areas where non-working personnel are prohibited from entering; (4) Throwing objects at urban public transportation vehicles or placing obstacles on urban rail transit lines; (5) Deliberately damaging or unauthorizedly moving or covering urban public transportation stop signs, safety warning signs, monitoring equipment, and safety protection equipment; (6) Unauthorizedly operating safety equipment with safety warning signs under non-emergency conditions; (7) Interfering with or obstructing the safe driving of urban public transportation vehicle drivers; (8) Other acts endangering urban public transportation operation safety.

3.Handling Emergency Incidents

The "Urban Public Transportation Regulations" in Chapter 4 on Safety Management stipulate that urban public transportation enterprises shall comply with relevant laws, regulations, and standards on work safety, implement work safety responsibilities for all personnel, and establish and improve work safety management systems and work safety responsibility systems. In emergency situations, drivers of urban public transportation enterprises should also take necessary safety measures to ensure the safety of passengers and pedestrians.

Typical Cases

In March 2024, Shanghai First Intermediate Court heard a case where a bus driver caused passenger injuries through emergency avoidance. In this case, the bus driver braked urgently to avoid a cyclist who fell into the motor vehicle lane, causing a passenger inside the bus to be injured, resulting in a Grade 10 disability.

After the emergency response, the bus company immediately initiated an emergency plan, provided timely medical treatment to the injured passenger, and proactively communicated with the injured party, expressing willingness to bear corresponding compensation responsibilities. At the same time, the bus company also investigated the cause of the accident and confirmed that the driver's behavior constituted emergency avoidance.

After trial, the court held that the bus driver's emergency braking under unavoidable circumstances possessed urgency and legitimacy, constituting emergency avoidance. According to Article 182 of the "Civil Code of the People's Republic of China," the person who caused the danger shall bear civil liability for damages caused by emergency avoidance. Therefore, the passenger injuries in this case should be borne by the person who caused the danger. Eventually, the court ruled that the non-motorized vehicle owner shall pay the bus company more than 135,000 yuan.

【Lawyer's Legal Interpretation】

Although this emergency avoidance case by a Shanghai bus driver caused passenger injuries, it successfully avoided more serious traffic accidents, which aligns with the requirements in the "Regulations" that urban public transportation enterprises should strengthen emergency prevention and response capabilities. The bus company's proactive response and compensation attitude also reflect the enterprise's respect for and protection of passenger rights, as well as the responsibility of urban public transportation enterprises in safety management.

Under the norms and guidance of the "Regulations," urban public transportation will gradually become an important force connecting the city's veins and improving people's quality of life. It not only relates to the city's economic development but also reflects the progress of urban civilization. Urban public transportation enterprises provide people with safer, more reliable, convenient, fast, economical, and comfortable travel services. Every passenger should also consciously observe boarding regulations, maintain boarding order, and resist uncivil and unsafe boarding behaviors. Through joint efforts, we will create a safe, orderly, convenient, and comfortable urban public transportation travel environment.