Taxi drivers have no obligation to protect passengers

The driver is obliged.

The legal relationship between the passenger and the driver.

The contract of carriage is legally binding from the moment it is concluded. Contract Law of the People's Republic of China.

Hereinafter referred to as the "Contract Law".

Article 293 stipulates: "The contract of carriage shall be formed upon the delivery of the ticket by the carrier to the passenger, unless otherwise agreed by the parties or otherwise customary in the transaction." "The custom of taxis is to pay when they arrive at their destination.

Therefore, from the moment the passenger gets on the bus, the driver and the passenger form a passenger contract relationship in the contract of carriage, which is protected by the law of the Contract Law and the legal provisions of the Contract Law apply.

Article 290 of the Contract Law stipulates that "the carrier shall safely transport passengers and goods to the agreed place within the agreed period or a reasonable period." ”；At the same time, according to Article 301 of the Contract Law, it is clearly stipulated:

During transportation, the carrier shall make every effort to save passengers suffering from acute illness, childbirth or distress. Therefore, it is incumbent upon the driver to protect the safety of passengers.

At the same time, Article 302 of the Contract Law clearly stipulates that "the carrier (driver) shall be liable for damages to the passenger during transportation, unless it is caused by the passenger's own health or the carrier proves that it is caused by the passenger's intention or gross negligence." ”。

This is an exceptional exclusivity to security protection liability.

In summary, drivers have an obligation to protect passengers. However, as for responsibility, the specific issue must be analyzed on a case-by-case basis.

Of course, there is an obligation to protect passengers. However, I think that sudden vicious criminal cases are not within his reach, as long as he fulfills his ordinary obligations. For example, call the police, call 120 or something.

The protection is too much. He is only responsible for delivering. It depends on the individual.

Legal analysis: The obligations of the driver to the passengers are: 1. Deliver the passengers to the destination safely and in a timely manner; 2. For any passenger damage caused by negligence in driving, including personal and property damage, Naili must be liable for compensation; 3. The carrier shall not have unreasonable delay in the process of carriage, and if the passenger cannot arrive at the destination in time due to the deliberate delay of the pin bend carrier, the carrier must bear the loss suffered by the passenger.

Legal basis: Article 814 of the Civil Code of the People's Republic of China The passenger transport contract shall be established when the carrier issues the ticket to the passenger, unless otherwise agreed by the parties or otherwise in the transaction customs. Article 811: The carrier shall safely transport passengers and cargo to the agreed place within the agreed period or a reasonable period of time.

Article 823 The carrier shall be liable for compensation for the passengers' expenses incurred during the carriage; However, this does not apply to cases where the cause is caused by the passenger's own health or the carrier proves that it is caused by the passenger's intent or gross negligence. The provisions of the preceding paragraph shall apply to passengers without tickets who are exempt from tickets, hold preferential tickets, or are permitted by the carrier to board in accordance with the regulations.

1. What are the obligations of taxi drivers to passengers?

1. The obligations of taxi drivers to passengers are as follows:

1) Carry the passenger taxi driver's qualification certificate and vehicle operation certificate when operating, and the appearance is clean and tidy;

2) Keep the vehicle number plate complete and clear, and replace the seat cover in a timely manner and disinfect it regularly in accordance with the regulations of the passenger taxi management agency;

3) Polite hospitality, civilized service, safe driving, and driving according to a reasonable route or the route required by passengers;

4) Use air conditioning and stereo according to the reasonable requirements of passengers, and use intercom communication facilities according to regulations;

5) Use taxi meters and on-board toll collection facilities in accordance with regulations, and charge according to the amount displayed on the car meter.

2. Legal basis: Article 23 of the "Cruise Taxi Business Service Management Regulations" Cruise taxi drivers shall provide services in accordance with the national taxi service standards and comply with the following provisions:

1) Do a good job of routine inspection before operation, keep the vehicle facilities and equipment in good condition, clean and tidy, prepare invoices, and prepare enough change;

2) Dress neatly, speak civilized, take the initiative to greet, and remind passengers to fasten the full belt of Anji elimination key;

4) When carrying baggage, take the initiative to help passengers pick up and drop off their luggage;

5) Take the initiative to assist the elderly, young, sick, disabled, pregnant and other passengers to get on and off the bus;

6) Do not smoke in the car and avoid eating food with peculiar smell;

VII) with the vehicle to carry the road transport certificate, qualification certificate, and in accordance with the provisions of the place, paste the relevant documents and signs;

8) Choose a reasonable route according to the destination specified by the passenger, and shall not refuse to ride, negotiate the price, dump the passenger on the way, or deliberately detour;

9) When carrying passengers at airports, railway stations, bus passenger stations, ports, public transportation hubs and other passenger flow distribution centers, they should queue up in a civilized manner, obey the dispatch, and must not violate the regulations to solicit passengers in non-designated areas;

10) No other passengers shall be carried without the consent of the passengers;

11) Use taxi-metering equipment in accordance with regulations, implement charging standards and take the initiative to issue valid fare bills;

12) Abide by road traffic safety laws and regulations, and drive in a civilized and courteous manner.

2. What are the special circumstances encountered by cruise taxi drivers?

1. When passengers are not satisfied with the service, they should listen to criticism with an open mind;

2. If you find that the passenger's property has been lost, try to return it to the owner in time. If the owner cannot be found, it shall be promptly handed over to the cruise taxi company or relevant departments for handling, and shall not be kept privately;

3. If a passenger is found to have left suspicious dangerous items, the police shall be reported immediately.

Legal Analysis: 1. Obligations of Taxi Drivers:

1. Carry the passenger taxi driver's qualification certificate and vehicle operation certificate during operation, dress in accordance with the regulations of the passenger taxi management agency, and have a neat appearance; 2) Keep the vehicle number plate complete and clear, and replace the seat cover in a timely manner and disinfect it regularly in accordance with the regulations of the passenger taxi management agency;

3) Polite hospitality, civilized service, safe driving, and driving according to a reasonable route or the route required by passengers;

4) Use air conditioning and stereo according to the reasonable requirements of passengers, and use intercom communication facilities according to regulations;

5. Use the taxi meter and on-board charging facilities in accordance with the regulations, charge according to the amount displayed by the car meter, and use the bills according to the regulations;

6. Liang Zhenjian shall not refuse to carry passengers, and shall not use deception, threats or other methods to solicit others to ride with him;

7. Abide by the order of the parking lot travel (station), boarding and landing point, and return boarding station, and obey the dispatching management;

8. Report to the public security organs in a timely manner if persons suspected of violating the law or committing crimes are discovered;

9. Accept the management and job training of the municipal transportation department;

10. Implement laws, regulations and other regulations related to passenger transport services of the state, rubber chong province and city.

Legal basis: "Provisions on the Administration of Cruise Taxi Business Services" Article 23 Cruise taxi drivers shall provide services in accordance with the national taxi service standards and comply with the following provisions: (1) Do a good job of routine inspections before operation, keep vehicle facilities and equipment in good condition, clean and tidy, prepare invoices, and prepare enough change; (2) Dress neatly, speak civilized, take the initiative to greet passengers, and remind passengers to fasten their seat belts; (3) Lifting and lowering the window glass and using air conditioning, audio, ** and other service equipment according to the passenger's wishes; 4) When carrying baggage, take the initiative to help passengers pick up and drop off their luggage; 5) Take the initiative to assist the elderly, young, sick, disabled, pregnant and other passengers to get on and off the bus; 6) Do not smoke in the car and avoid eating food with peculiar smell; VII) with the vehicle to carry the road transport certificate, qualification certificate, and in accordance with the provisions of the place, paste the relevant documents and signs; 8) Choose a reasonable route according to the destination specified by the passenger, and shall not refuse to ride, negotiate the price, dump the passenger on the way, or deliberately detour; (9) When carrying passengers at airports, railway stations, bus passenger stations, ports, public transportation hubs and other passenger flow distribution centers, they shall queue up in a civilized manner, obey the dispatch, and shall not solicit passengers in non-designated areas in violation of regulations; 10) No other passengers shall be carried without the consent of the passengers; 11) Use taxi-metering equipment in accordance with regulations, implement charging standards and take the initiative to issue valid fare bills; 12) Abide by road traffic safety laws and regulations, and drive in a civilized and courteous manner.

Legal Analysis: Taxi drivers are obliged to remind passengers not to get out of the car. The driver has the obligation to ensure safety and reminders before and during the parking and disembarkation of the main responsibility of the driver.

If the obligation is not fulfilled, the driver is primarily responsible. At the same time, the passenger of the car door also has a certain obligation to observe the surrounding environment. If someone is injured by opening the door, the passenger will also be held responsible.

Legal basis: Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China Article 63 Temporary parking of motor vehicles on the road shall comply with the following provisions:

1) In the section with no parking signs and markings, in the section with isolation facilities between the motorway and the non-motorized lane, the sidewalk, as well as the pedestrian crossing, the construction section, shall not stop;

2) No parking is allowed at intersections, railway crossings, sharp bends, narrow roads with a width of less than 4 meters, bridges, steep slopes, tunnels, and road sections within 50 meters from the above places;

3) In front of bus stops, first-aid stations, gas stations, fire hydrants or fire brigades (stations) and road sections within 30 meters of the above-mentioned places, except for the use of the above-mentioned facilities, no parking is allowed;

4) Before the vehicle is stopped, the door shall not be opened and the person shall not get on and off, and the door shall not be opened or closed to obstruct the passage of other vehicles and pedestrians;

5) Roadside parking should be close to the right side of the road, motor vehicle drivers are not allowed to leave the car, get on and off personnel or load and unload items, immediately leave;

City buses are not allowed to stop to pick up and drop off passengers on road sections other than the stops.

Legal Analysis: 1. Obligations of Taxi Drivers:

1. Carry the passenger taxi driver's qualification certificate and vehicle operation certificate during operation, dress in accordance with the regulations of the passenger taxi management agency, and have a neat appearance; 2) Keep the vehicle number plate complete and clear, and replace the seat cover in a timely manner and disinfect it regularly in accordance with the regulations of the passenger taxi management agency;

3) Polite hospitality, civilized service, safe driving, and driving according to a reasonable route or the route required by passengers;

4) Use air conditioning and stereo according to the reasonable requirements of passengers, and use intercom communication facilities according to regulations;

5. Use the taxi meter and on-board charging facilities in accordance with the regulations, charge according to the amount displayed by the car meter, and use the bills according to the regulations;

6. Do not refuse to carry passengers, and do not use deception, threats and other methods to solicit others to ride together;

7. Abide by the order of parking lot (station), boarding and landing point, and return boarding site, and obey the dispatching management;

8. Report to the public security organs in a timely manner if persons suspected of violating the law or committing crimes are discovered;

9. Accept the management and job training of the municipal transportation department;

10. Implement laws, regulations and other provisions of the national, provincial and municipal people's governments on passenger services.

Legal basis: Provisions on the Administration of Cruise Taxi Business Services Article 23 Cruise taxi drivers shall provide services in accordance with the national taxi service standards and abide by the following regulations: (1) Do a good job of routine inspection before operation, keep the vehicle facilities and equipment in good condition, keep the car clean and tidy, prepare invoices, and prepare enough change; (2) Dress neatly, speak civilized, take the initiative to greet passengers, and remind passengers to fasten their seat belts; (3) Lifting and lowering the window glass and using air conditioning, audio, ** and other service equipment according to the passenger's wishes; 4) When carrying baggage, take the initiative to help passengers pick up and drop off their luggage; 5) Take the initiative to assist the elderly, young, sick, disabled, pregnant and other passengers to get on and off the bus; 6) Do not smoke in the car and avoid eating food with peculiar smell; VII) with the vehicle to carry the road transport certificate, qualification certificate, and in accordance with the provisions of the place, paste the relevant documents and signs; 8) Choose a reasonable route according to the destination specified by the passenger, and shall not refuse to ride, negotiate the price, dump the passenger on the way, or deliberately detour; (9) When carrying passengers at airports, railway stations, bus passenger stations, ports, public transportation hubs and other passenger flow distribution centers, they shall queue up in a civilized manner, obey the dispatch, and shall not violate the provisions to solicit passengers in the designated areas of non-noisy sales; 10) No other passengers shall be carried without the consent of the passengers; (11) Use taxi-metering equipment in accordance with regulations, implement charging standards and take the initiative to issue valid fare bills; 12) Abide by road traffic safety laws and regulations, and drive in a civilized and courteous manner.