"Please help us, otherwise, if such unreasonable policies continue to be implemented, more than 30 small and medium-sized driving schools in Zhangzhou City will be closed down, hundreds of people will face unemployment, and the cost of driving licenses for students may also skyrocket." Recently, 1007 received a request from Mr. Chen, the person in charge of a Zhangzhou driving school, saying that the Zhangzhou Motor Vehicle Driver Training Industry Association (hereinafter referred to as Zhangzhou Driving Training Association), which is only a non-governmental organization, issued a document at the end of last year, stipulating that this year , Each coach can only accept a maximum of 15 trainees, which directly replaces the duties of the operation management department, and is equivalent to issuing documents in place of government departments, resulting in a serious shortage of enrollment places for many small and medium-sized driving schools, and some driving schools cannot recruit even one student for several months.
"How can a non-governmental association issue such a policy document?" According to Mr. Chen, this is a report issued by the Zhangzhou Driving Training Association called "Zhangzhou Motor Vehicle Driver Training Industry Association on Adjusting Driving Training Organizations" The “Implementation Plan for Training Capability Verification of Teaching Vehicles” stipulates that starting from January 1 this year, the training capability verification will be implemented in two phases throughout the year. Advances are not allowed. The first phase is from January to June. It can receive 2.5 people per month-0.5 people can go up and down. Starting in July, the upper limit of training places per vehicle is 15 people.
"Due to the epidemic, we started to resume work in April, and the documents were officially implemented from July." Mr. Chen said that in accordance with the regulations of the Zhangzhou Driving Training Association, the driving school collects students in accordance with the principle of "one in, one out" , A car cannot exceed 15 people. In theory, if students can study every day and pass all the exams, one car can graduate 3 students every month. "If you count as 50 cars in a driving school, you can have 150 enrollment places".
However, Mr. Chen emphasized that this is an extremely ideal situation: students have their own work and life, and it is not easy to learn to drive every weekend. According to the current regulations, there are three years of learning to drive after students pass the test. "After the traffic control department carried out the decentralization service reform, after the students register at our driving school, as long as they do not apply for the first test of the subject, they can always occupy the driving school's places, and the passing rate of the test cannot be 100%. In November, my driving school subject two With just over half of the pass rate, it is already in the forefront. Coupled with the previous backlog of trainees who also have to practice cars and exams, there are very few places left to enroll students."
Mr. Li, the person in charge of another driving school in Zhangzhou, said that because of the association’s restrictions on enrollment, he has counted the enrollment situation of Zhangzhou driving training institutions in November this year. There are more than 30 driving schools with less than 100 students per month. Ten people accounted for the majority, and even after deducting the previously accumulated quota, there was still a negative number, "What is this concept? A most common driving school, the cost of labor and rent will exceed 70,000 yuan, which does not count as water and electricity. , Loss and other expenses, we need to recruit at least 100 students in order to be basically the same. We also want to recruit more students, but the association is stuck and will not issue you a student card. There is no time to make an appointment, and the students can’t learn to drive with us after paying Over time, they ran away." Mr. Zhu, the person in charge of another driving school at
, is worried that according to the document, the enrollment quota is directly linked to the vehicle. The current driving training market in Zhangzhou is saturated, but some driving schools have to find ways to increase the quota in order to survive. Ya’s purchase of vehicles has led to the continued increase in the number of vehicles in the driving school. “As far as we know, the Zhangzhou market can accommodate about 4,000 coach cars. There are currently 5,000 coach cars. If you increase it, it will not be conducive to reasonable competition in the market, and it will also cause A huge waste of social resources".
The heads of several driving schools have a consistent view that the reason why the Zhangzhou Driving Training Association has issued such a document is that several key positions of the association are controlled by the heads of several major driving schools. "They hope to squeeze the enrollment of our small and medium-sized driving schools in this way, so as to achieve the purpose of monopoly." Mr. Chen said that there have been driving schools for more than 4 months and they have not been able to recruit students, and they are all operating at a loss. "If this continues, More than 30 driving schools with an enrollment of less than 100 students are about to close down. How can a non-governmental association issue such a policy document?” The
association responded: it is impossible to modify, and only by controlling the quota can increase the income
in Mr. Chen, From the view of Mr. Li and other driving school leaders, whether it is a problem of identity or a fair competition in the market, Zhangzhou drivingThe training association must abolish this document and realize the market-oriented enrollment plan, "that is, everyone is fighting for service. The traffic control department has no limit on the number of exams, but we must also consider various factors such as word of mouth and whether students can arrange for the exam. , It is impossible to enroll students without restriction. In the end, through market adjustment, everyone will have a reasonable enrollment number, which is good for driving schools and students.”
In response to the questions raised by these driving schools, on November 19, the reporter came to the Zhangzhou Driving Training Association and met with Yu Binbin, the secretary general of the association. He first stated that the association has the right to issue such regulations. His reason is that the Zhangzhou Civil Affairs Bureau has issued the "Letter on Improving the Level of Industry Autonomy", the second of which is to encourage industry associations and chambers of commerce to participate in the formulation of industry planning and policies and regulations, "The Ministry of Transport on Strengthening and Standardizing Interim and Ex-post Supervision The “Guiding Opinions of the People’s Republic of China” contains provisions on “promoting industry self-discipline and social supervision”.
Secretary-General Yu Binbin said that some driving schools had previously disrupted the driving training market in Zhangzhou due to low-cost competition. Therefore, many driving schools hope that the association will take the lead in regulating the market and avoid vicious competition. According to him, good results have been achieved since the publication of the association's documents. Several driving schools in some counties and cities have negotiated, and because of quota restrictions, they decided to jointly increase the training price to benefit several driving schools.
Faced with the problem that many small and medium-sized driving schools may close down, Secretary-General Yu Binbin’s opinion is that this may be unavoidable. It is also possible for large driving schools to monopolize the training market. In his view, the association’s approach is to force driving schools to improve their training capabilities. Only in this way can more students graduate and then recruit new students. If the driving school does not expand its scale and improve its service level, it may go bankrupt.
So, is it possible for the association to cancel the enrollment limit? Secretary-General Yu Binbin made it clear that it is impossible, because the association's board of directors once held a meeting, and most of the directors did not agree to lift the restrictions, because after the number of places is reduced, the training costs will increase, and the benefits will come out immediately. It is impossible to remove the restrictions at this time. The reporter from
then came to the Zhangzhou Transportation Bureau. The relevant person in charge of the transportation center of the bureau told the reporter that the regulations are measures to strengthen industry self-discipline based on the opinions of the driving training associations. The main purpose is to prevent individual The super training ability of the driving school maliciously recruits students on a large scale. Once the driving school closes, the interests of the students cannot be guaranteed. Similar incidents have occurred in other cities in the province. The second is to prevent some driving schools from recruiting trainees, but due to limited training capabilities, they cannot arrange training for a long time, causing a backlog of trainees and causing trainees to complain. "The starting point of this measure is to promote driving schools to improve their training capabilities and training quality. Of course. Some problems will be exposed during the implementation of some policies. For example, some driving schools face the situation of not enrolling students. For these driving schools, we have instructed the driving training association to investigate and analyze whether it is caused by the insufficient teaching level of the driving school itself, or Because of policy issues, if it is the latter, we will ask the association to make necessary adjustments to relevant policies." Lawyer
's opinion: Zhangzhou Driving Training Association’s practice is suspected of illegal
According to Mr. Ye, the person in charge of a driving school in Fuzhou, Fuzhou also has a driving training association, but the association mainly plays a coordinating and voice-making role. For example, if there are conflicts between driving schools, the association can intervene and help. It is necessary to coordinate with the competent department, and the association can also speak on behalf of the driving schools. "The association definitely has no right to formulate driving training policies. The practice of Zhangzhou Driving Training Association is obviously ultra vires, which is equivalent to directly replacing the responsibilities of the government competent department. ".
Lawyer Zhuo Wenbin from Shanghai Jianwei (Fuzhou) Law Firm also stated that from a legal point of view, industry associations are just non-governmental organizations and do not have the legitimacy of issuing policies. Their practices are suspected of illegality, so the so-called policies they formulate do not have The effect of compulsory enforcement is that "what the association publishes can only be implemented by reference. For example, the law association has issued guidelines for the collection of attorney fees, and each law firm can implement it by reference or set its own price." Attorney
Zhuo said that in the past, the association often performed administrative duties on behalf of the department, but from the central and local governments have been correcting this behavior and letting the association return to the function of a non-governmental organization. Therefore, some places cannot go against the spirit of the central government.
In addition, Attorney Zhuo also mentioned that if several driving schools in the region agree on a collective price increase, it may violate anti-monopoly regulations and the local market supervision and management department must intervene in the investigation. The
reporter obtained a document titled "Notice of the Fujian Provincial Transportation Development Center on Further Maintaining the Order of the Driving Training Market and Optimizing the Business Environment" issued on October 8 this year, and clearly stated that eachThe local government must focus on transforming government functions, improving service levels, minimizing direct intervention in driving and training market activities, and ensuring that the decisive role of market allocation of resources is fully brought into play.
But in Zhangzhou, this document does not seem to have been implemented.
1007 will continue to pay attention to the progress of this matter.
