Urban public transport, akin to the pulse of a city, beats in rhythm with its development. The enactment of the Regulations on Urban Public Transport (hereinafter referred to as the "Regulations") has infused this pulse with the force of the rule of law. This issue will provide an in-depth analysis of the core elements of the Regulations, reveal their profound impact on the urban public transport system, and envision the promising future under their guidance.

The Regulations on Urban Public Transport were adopted at the 39th Executive Meeting of the State Council on August 19, 2024, and shall take effect as of December 1, 2024. The Regulations consist of six chapters and fifty-four articles, covering general provisions, development guarantees, operational services, safety management, legal liabilities, and supplementary provisions. They clarify the definition of urban public transport, development principles, government responsibilities, and enterprise obligations, aiming to establish a safe, convenient, efficient, green, and economical urban public transport system, thereby providing a solid legal foundation for the orderly development of urban public transport.

I. Development Guarantees: Planning First, Fiscal Support

1. Planning Guides Resource Allocation

Planning is a crucial means for the government to systematically allocate resources. Article 9 of the Regulations specifically stipulates that the comprehensive urban transport system plan shall clearly define the principle of priority development for public transport and requires the people's government of a city to formulate an urban public transport plan based on actual conditions and needs.

In terms of ensuring land use, Article 12 of the Regulations explicitly states that "the people's government of a city shall, in accordance with the law, guarantee land for urban public transport infrastructure." Given the public welfare nature of urban public transport, it further specifies that "land may be supplied through allocation, negotiated transfer, or other methods, provided that the prescribed conditions are met." This provision creates a green channel for the construction of infrastructure such as bus stops, parking lots, and maintenance depots, enabling public transport facilities to provide more convenient travel services to citizens.

2. Reasonably Determine Transport Fares to Ensure Basic Public Travel

The Regulations establish a fare system for urban public transport whereby fares shall be subject to government-set prices or government-guided prices in accordance with the law. While ensuring basic public travel, customized travel service businesses may also be conducted. Customized travel service businesses may adopt market-adjusted prices. This provision also provides a pricing basis for public transport fares. Concurrently, the people's government of a city shall organize relevant departments to provide subsidies and compensation to urban public transport enterprises in a timely manner, in accordance with regulations, taking into account factors such as fiscal capacity and the potential for enterprises to increase revenue and reduce expenditures.

II. Operational Services: Enhancing Service Quality, Protecting Passenger Rights

1. Optimize Network Layout to Meet Travel Needs

Chapter III of the Regulations primarily focuses on passenger needs and sets forth clear provisions for the comprehensive enhancement of service quality. Based on extensive public travel surveys and travel demand analyses, it actively promotes the "dual-network integration" of public buses and urban rail transit, achieving functional complementarity and coordinated development between the two. This enables citizens to transfer more conveniently between different modes of transportation, thereby reducing travel time and costs.

2.Information Disclosure and Transparency to Facilitate Smart Travel

In the information age, timely and accurate information is crucial for passengers. Article 20 of the Regulations explicitly stipulates that urban public transport enterprises shall promptly disclose information such as operating routes, stops, operating hours, departure intervals, and fares through means that are easily accessible to the public. Urban public transport enterprises are encouraged to provide information inquiry services to the public through information-based means such as electronic stop signs and travel information service systems, offering real-time and precise information inquiry services, thereby enabling citizens to travel with greater ease and confidence.

3.Flexible Dispatching and Operations to Address Peak Passenger Flow

During large-scale public events, public transport passenger flow often experiences a surge. Article 23 of the Regulations specifically addresses situations where public transport passenger flow converges due to circumstances such as large-scale public events, rendering regular operational service plans inadequate to meet demand. It explicitly stipulates that urban public transport enterprises shall, in accordance with the directives of the competent department of urban public transport of the people's government of the city, promptly and appropriately take measures such as adding temporary trips, reducing departure intervals, and extending operating hours, so as to ensure the efficiency and smoothness of operational services and effectively guarantee that the travel needs of the public are met.

Related Event

Taking the 2024 UIM F1H2O World Championship Grand Prix of China, Shanghai as an example, during the event, Shanghai Bus No. 5 Company actively responded by fully considering the travel convenience of spectators, meticulously planning and launching shuttle bus services, and skillfully assisting citizens in easily overcoming the "last two kilometers" travel challenge through a "seamless transfer" model.

[Lawyer's Interpretation]

This measure not only demonstrates the enterprise's responsibility in keenly capturing public needs and proactively innovating service models, but also deeply aligns with the principles advocated by the Regulations. This series of practical and effective measures aims to ensure that the operational services of public transport can match passenger flow demand, allowing citizens to enjoy the excitement of large-scale events without worrying about travel issues.

4.Establish a Complaint Mechanism to Protect Passenger Rights and Interests

To ensure that passengers' opinions and suggestions receive timely and effective responses, Article 25 of the Regulations requires urban public transport enterprises to establish a complaint handling mechanism for operational service quality, make it publicly available, handle passenger complaints promptly and properly, and provide feedback on the results to the passengers. If a passenger is dissatisfied with the handling result, the passenger may appeal to the competent department of urban public transport of the municipal people's government, which shall make a timely response. Passengers may also directly file complaints regarding operational service quality with the competent department of urban public transport of the municipal people's government.

III. Safety Management: Fulfilling Safety Responsibilities and Jointly Building a Safety Defense Line

1.Compliance with Riding Regulations

Article 35 of the Regulations clearly stipulates passenger riding regulations. Passengers shall not bring flammable, explosive, toxic, radioactive, corrosive, or other dangerous articles that may endanger personal or property safety into stations or onto vehicles. If a passenger insists on bringing such articles, the urban public transport enterprise shall refuse to allow the passenger to enter the station or board the vehicle. Furthermore, urban rail transit operating units shall, in accordance with relevant state regulations, conduct security checks on persons entering urban rail transit stations and their carried articles. Those who refuse to undergo security checks shall be refused entry into the station or boarding. Security checks shall comply with relevant operational standards to improve quality and efficiency.

2.Maintaining Riding Order

In recent years, incidents of grabbing the steering wheel from the driver, verbally abusing, or physically assaulting the driver to interfere with driving on public transport vehicles have occurred from time to time, seriously threatening road traffic safety. Some incidents have resulted in significant casualties and property damage, becoming a public safety issue that cannot be ignored.

Typical Cases

Incident 1: On a certain day in October 2018, a No. 22 bus in Wanzhou District, Chongqing City, collided with a red car on the Wanzhou Yangtze River Second Bridge and then plunged into the river. The accident resulted in 15 deaths. Investigation revealed that the cause of the accident was a passenger, Liu, who argued with the bus driver, Ran, after missing her stop. Liu twice used her mobile phone to attack Ran while he was driving. After being attacked, Ran used his right hand to fend off and retaliate, ultimately causing the vehicle to lose control and fall into the river.

Incident Two: On a day in December 2018, on a public bus in Haikou, Hainan, a passenger surnamed Chen engaged in a dispute with the bus driver over the fare. While the vehicle was still in motion, Chen slapped the bus driver across the face. The driver immediately applied the brakes to bring the vehicle to a safe stop and subsequently reported the incident to the police, leading to Chen's arrest. Chen was convicted by the court of the crime of endangering public safety by dangerous means and was sentenced to four years of fixed-term imprisonment. Incident Three: On a day in December 2018, a man in Qujing, Yunnan, demanded that the bus driver make an illegal stop after missing his stop. He argued with the driver and grabbed the steering wheel of the vehicle. In April 2019, the man was convicted by the court of first instance of the crime of endangering public safety by dangerous means and was sentenced to four years and six months of fixed-term imprisonment.

[Legal Analysis by Counsel]

These cases serve as profound warnings to the public to observe public order and respect public safety. In this regard, Article 36 of the Regulations specifically enumerates a series of acts that endanger the operational safety of urban public transport. For such acts, urban public transport enterprises shall promptly intervene, take measures to eliminate safety hazards, and, when necessary, report the matter to the relevant authorities for handling in accordance with the law. The Regulations also clarify that any violation of these Regulations that constitutes a public security violation shall be subject to public security penalties imposed by the public security authorities in accordance with the law; if the act constitutes a crime, criminal liability shall be pursued in accordance with the law.

The acts endangering the operational safety of urban public transport enumerated in the Regulations primarily include: (1) illegally intercepting or forcibly boarding or alighting from urban public transport vehicles; (2) illegally occupying urban public transport stations or entrances/exits; (3) entering urban rail transit lines, vehicle depots, control centers, train cabs, or other areas prohibited to non-staff personnel without authorization; (4) throwing objects at urban public transport vehicles or placing obstacles on urban rail transit lines; (5) intentionally damaging, or moving or obscuring without authorization, urban public transport stop signs, safety warning signs, monitoring equipment, or safety protection equipment; (6) operating safety equipment bearing safety warning signs without authorization in non-emergency situations; (7) interfering with or obstructing the safe driving of urban public transport vehicle drivers; (8) other acts that endanger the operational safety of urban public transport.

3. Handling of Emergencies

Chapter IV of the Regulations on Urban Public Transport, concerning Safety Management, stipulates that urban public transport enterprises shall comply with relevant safety production laws, regulations, and standards, implement full-staff safety production responsibilities, and establish and improve safety production management systems and safety production responsibility systems. In emergency situations, drivers of urban public transport enterprises shall also take necessary evasive measures to ensure the safety of passengers and pedestrians.

Typical Case

In March 2024, the Shanghai No. 1 Intermediate People's Court heard a case involving a passenger injured due to a bus driver's act of necessity (emergency avoidance). In this case, the bus driver applied the emergency brake to avoid a non-motor vehicle rider who had fallen into the motor vehicle lane, causing a passenger inside the bus to be injured, resulting in a Class 10 disability.

Following the emergency response to the incident, the bus company immediately activated its emergency plan, provided timely medical treatment to the injured passenger, and proactively communicated with the injured party, expressing willingness to bear corresponding compensation liability. Concurrently, the bus company investigated the cause of the incident and confirmed that the driver's action constituted an act of necessity (emergency avoidance).

After trial, the court held that the bus driver's emergency braking under unavoidable circumstances was urgent and justified, constituting an act of necessity (emergency avoidance). Pursuant to Article 182 of the Civil Code of the People's Republic of China, where damage is caused by an act of necessity, the person who caused the dangerous situation shall bear civil liability. Therefore, the passenger's injury in this case shall be borne by the person who caused the dangerous situation. Ultimately, the court ruled that the owner of the non-motor vehicle pay the bus company over RMB 135,000.

[Legal Analysis by Counsel]

Although this case of a bus driver in Shanghai acting under necessity resulted in passenger injuries, it successfully avoided a more serious traffic accident, thereby complying with the requirements set forth in the Regulations that urban public transportation enterprises shall enhance their capabilities for emergency prevention and response. The bus company's prompt response and compensation attitude further 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 guidance and regulation of the Regulations, urban public transportation will gradually become an important force in connecting the urban fabric and improving the quality of life for the people. It is not only crucial to the city's economic development but also a manifestation of the city's civilizational progress. Urban public transportation enterprises provide the public with safer, more reliable, convenient, efficient, economical, and comfortable travel services. Every passenger shall also consciously comply with travel regulations, maintain travel order, and refrain from uncivilized and unsafe travel behaviors. Through the joint efforts of all parties, we can together create a safe, orderly, convenient, and comfortable urban public transportation travel environment.