Chartered bus: Permission criteria
Updated: July 2024, 3
Details regarding the licensing criteria for general chartered passenger motor vehicle transportation business are as follows.
table of contents
- 1 2.Sales office
- 2 3. Business vehicles
- 3 5.Car garage
- 4 6. Facilities for rest, nap or sleep
- 5 7. Management and operation system
- 6 8. Driver
- 7 9.Safe investment plan
- 8 10.Business income and expenditure estimate
- 9 11.About financial planning
- 10 12. Legal compliance
- 11 13.Ability to compensate for damages
- 12 Business license renewal details
- 13 For transportation business applications, please contact Support Administrative Scrivener Corporation
2.Sales office
Regardless of the name, such as a sales office, office, branch office, etc., a business office is a facility that permanently performs operation management, etc. of the facility.
Regarding "having the right to use the land and building of the business office for three years or more"
・In case of own ownershipRegistered copyIn the case of borrowing, the contract period is approximatelyAttach a copy of the rental agreement for 3 years or moreshall be deemed to have the right to use.
*Even if the lease contract period is less than three years, you will be deemed to have the right to use the property only if it is recognized that the contract will be automatically renewed at the end of the contract period.
- Other documents (such as a certified copy of the register in the case of borrowing and a certificate of seal impression of the building owner) will not be required to be attached, presented, or submitted with copies.
- As a transitional measure, the period of usage rights for applications received by February 14, 2 will continue to be treated as before.
Regarding "Do not conflict with related laws and regulations such as the Building Standards Act, City Planning Act, Fire Service Act, Agricultural Land Act, etc."
Declaration stating that there is no violation of relevant laws and regulationsYou will be asked to attach the following documents, and you will not be required to attach, present, or submit copies of other related documents.
3. Business vehicles
About “commercial vehicles”
(b) Regarding leased vehicles, the lease contract period is generallyover a year, and the right to use shall be granted upon presentation or attachment of a copy of the relevant contract.
(b) The fact that there is a plan to carry out periodic inspection and maintenance based on Article 48 of the Road Transport Vehicle Act before the start of transportation will be confirmed by attaching a copy of the rough estimate for periodic inspection and maintenance, a written oath, etc.
5.Car garage
Regarding "Having the right to use land and buildings for 3 years or more"
・In case of own ownershipRegistered copyIn the case of borrowing, the contract period is approximatelyAttach a copy of the rental agreement for 3 years or moreshall be deemed to have the right to use.
*Even if the lease contract period is less than three years, you will be deemed to have the right to use the property only if it is recognized that the contract will be automatically renewed at the end of the contract period.
- Other documents (such as a certified copy of the register in the case of borrowing and a certificate of seal impression of the building owner) will not be required to be attached, presented, or submitted with copies.
- As a transitional measure, the period of usage rights for applications received by February 14, 2 will continue to be treated as before.
Regarding "Items that do not conflict with related laws and regulations such as the Building Standards Act, City Planning Act, Fire Service Act, Agricultural Land Act, etc."
Declaration stating that there is no violation of relevant laws and regulationsYou will not be required to attach, present, or submit copies of other related documents.
``It must have sufficient space to inspect, clean, and adjust commercial vehicles, and be equipped with measuring instruments, etc. that can perform necessary inspections.''
Measuring instruments, etc. that can perform necessary inspections, etc.is defined in Article 26, Paragraph 70 of the Automobile Inspection Standards (Ministry of Transport Ordinance No. 6 of 3).
Regarding "commercial vehicles have a structure that does not impede access to and from the garage, and the front road does not violate vehicle restriction ordinances"
road width certificateIt shall be confirmed by attaching the following.
However, this does not apply if it is clear that the front road does not impede access.
6. Facilities for rest, nap or sleep
Regarding "Having the right to use the land/building for 3 years or more"
・In case of own ownershipRegistered copyIn the case of borrowing, the contract period is approximatelyAttach a copy of the rental agreement for 3 years or moreshall be deemed to have the right to use.
*Even if the lease contract period is less than three years, you will be deemed to have the right to use the property only if it is recognized that the contract will be automatically renewed at the end of the contract period.
- Other documents (such as a certified copy of the register in the case of borrowing and a certificate of seal impression of the building owner) will not be required to be attached, presented, or submitted with copies.
- As a transitional measure, the period of usage rights for applications received by February 14, 2 will continue to be treated as before.
Regarding "Items that do not conflict with related laws and regulations such as the Building Standards Act, City Planning Act, Fire Service Act, Agricultural Land Act, etc."
Declaration stating that there is no violation of relevant laws and regulationsYou will not be required to attach, present, or submit copies of other related documents.
7. Management and operation system
Regarding "In a corporation, one or more of the corporation's officers must be full-time"
One of the full-time officers shall be a person who has passed an examination to have the knowledge of laws and regulations necessary to properly carry out the general chartered passenger motor vehicle transportation business.
Regarding "There is a plan to establish safety management regulations and appoint a safety general manager"
You will be required to submit a letter of acceptance to certify your appointment as a safety supervisor.
``Each business office must have a management plan to ensure the number of full-time qualified operation managers required by the number of business vehicles deployed.''
- Must have a management plan that meets the requirements stipulated in Article 31-44 of the Transportation Regulations for Passenger Motor Vehicle Transportation Business (Ministry of Transport Ordinance No. 47 of 9).
- You will be required to submit a copy of your operation manager qualification certificate, which proves your qualifications as an operation manager, and a letter of acceptance to prove that you will be appointed as an operation manager.
Regarding "the chain of command regarding operation management, including the officer in charge of operation management, etc., is clear"
In the case of a business office that appoints multiple operation managers, the operation management regulations must clearly specify the operation manager who will oversee the operations of the operation managers.Have a chain of command that does not disperse operational management responsibilitiesIt will be taken as a thing.
Regarding ``If it is not possible to have a garage attached to the business office, a system must be in place to maintain close contact between the garage and the business office at all times, and a system must be established to ensure roll calls, etc.''
・ A system that allows constant close contactThis means that a communication network is stipulated, etc., and will be determined on a case-by-case basis.
・Roll callMeetingThis will be implemented by. If it is deemed difficult to conduct the meeting face-to-face, the meeting will be conducted by telephone or other means.
Regarding "an education and guidance system for accident prevention, etc., and a clear system of responsibility for handling accidents and reporting based on the Automobile Accident Reporting Regulations, as well as a communication system and cooperation system in case of an emergency."
The education and guidance system for accident prevention, etc. shall also include matters related to fair and considerate treatment of passengers and the public.
Regarding "There is a plan to appoint a full-time qualified maintenance manager"
When outsourcing the maintenance manager to a group company, please refer to the "Operation of the maintenance manager system in accordance with the enforcement of the Act Amending Part of the Road Transport Vehicle Act" (March 15, 3), No. 18) shall have a plan that meets the requirements stipulated in 216-5②.
Regarding "a system in place for handling complaints from users, etc."
Pursuant to Article 3 of the Passenger Motor Vehicle Transportation Business Transportation Regulations, a system shall be in place to handle complaints.
8. Driver
Regarding "There is a plan to always select a sufficient number of qualified drivers to carry out the business plan"
You will be required to submit a copy of your driver's license to prove your qualifications as a driver and a letter of acceptance to prove your appointment as a driver.
9.Safe investment plan
Regarding "the plan is to appropriately make the investments necessary to carry out the business appropriately while ensuring transportation safety"
・「Overview of projects and safety investments to be implemented during the period until renewal”, the relevant parts of the corresponding plan and business income and expenditure estimate shall be entered.
・「Planned number of drivers, operation managers, and maintenance managers'', the number of drivers, operation managers, and maintenance managers (including non-regulars) for each business year shall be recorded, and an appropriate number of drivers (vehicles used for other motor vehicle transportation business) shall be recorded. (including those on board), operation managers, and maintenance managers have been appointed.
・「Plans for vehicle inspection and maintenance"about,Charter bus preventive maintenance guidelinesAttachment 2 and Attachment 3 are required. Please note that attachment of Attachment 29 will not be required at the time of the first renewal of the business license, only if the license has been obtained by March 3, 31.
10.Business income and expenditure estimate
Regarding "Having a sufficient accounting basis for conducting business in accordance with a safe investment plan"
・The breakdown of operating revenue is as follows.
transportation income・・・・・・・・Fare, fee and usage fee
・Passenger fare...Fare related to passengers
・Others...Transportation income other than passenger fares (e.g. road usage fees)
Transportation miscellaneous revenue・・・・・・・Operating income other than transportation income (e.g. goods management fee, advertising fee, miscellaneous fees, various loan fees, miscellaneous income)
*For operating revenue,per vehicleYou must attach documents showing your income. In this case, the income must correspond to the number of drivers and vehicles. In addition, at the time of update, the revenue per vehicle is based on the area under the jurisdiction of the Regional Transport Bureau.If the income is higher than the average incomeYou can use it for.
· "Costs related to (c) to (n) of the safe investment planThe breakdown of expenses related to drivers, etc. is as follows. Regarding wages, in order to confirm whether the unit price exceeds what is required by law, it is also necessary to state the driver's working hours. If it is determined that there is a risk of a violation of laws and regulations, the mutual reporting system will be utilized and the matter will be reported to the Labor Standards Inspection Office, etc.
Salaries/benefits: Items paid to employees monthly as wages.
Bonus: Something that is paid separately from salary
Statutory welfare expenses: Employer's share of social insurance premiums such as health insurance, welfare pension insurance, employment insurance, and workers' compensation insurance.
Welfare and welfare expenses: Medical and pharmaceutical costs, health checkups, meal subsidies, exercise and recreational supplies, comfort travel expenses, congratulatory and condolence payments for employees, and welfare facilities.
・Costs related to equipment maintenance and operation
Other: Total amount of other personnel expenses such as executive remuneration, retirement allowance, etc.
Of the legal welfare expenses and welfare expenses, expenses related to health insurance, employees' pension insurance, employment insurance, workers' compensation insurance, and medical examinations will be specified separately.
· "Costs related to (c) to (n) of the safe investment plan'', for non-operating income, the number of business vehicles scheduled to be acquired and the number of owned vehicles for each business year shall be recorded, and for each vehicle type, first registration date, presence or absence of a drive recorder, etc. shall be recorded. didList of commercial vehiclesAttachment is required.
· "Costs related to (c) to (n) of the safe investment planRegarding the expenses related to vehicle inspection and maintenance, it will be confirmed whether the expenses separately determined based on the Chartered Bus Preventive Maintenance Guidelines are included.
· "Amount of contribution to be paid to the appropriateness organization” will be recorded in each fiscal year within the plan year using the amount of contribution to be paid in the year of renewal as a guide. If a local bus association is entrusted with patrol guidance services by a proper organization and does not collect contributions from the members of the association, the fee will be recorded as "0 yen" for the business that is a member of the association.
· "Expenses related to ① (F) to (N) of the safe investment plan'' will be specified separately as a breakdown of other transportation costs.
・The business income and expenditure estimate must be accompanied by the balance sheet and profit and loss statement for the most recent business year of the year in which the license is applied for (excluding when establishing a new corporation, etc.).
*The "most recent business year" here means the previous business year if 1 days have passed since the end of the business year of the business applying for permission, and the business year before the previous if not.
Regarding "Whether or not there is a sufficient accounting basis for carrying out business in accordance with the safe investment plan, it is appropriate from the perspective of a person with specialized knowledge."
“It must be appropriate from the perspective of a person with specialized knowledge.”, if Attached Form 1 is submitted with the signature and seal of a certified public accountant or tax accountant, this will be deemed to be "appropriate."
11.About financial planning
・For the attached documents stipulated in Article 26, Paragraph 75, Item 6 of the Road Transportation Act Enforcement Regulations (Ministry of Transport Ordinance No. 1 of 2), Attachment Form 2 is used as an example.
・Own funds may include deposits and savings related to the application project, as well as liquid assets other than deposits and savings at the discretion of the person with the right of disposal.
・The deposit amount will be confirmed by attaching balance certificates, etc. as of the application date and as of the appropriate time until disposal.
・The amount of current assets other than deposits and savings will be confirmed using the estimated balance sheet as of the application date.
・Other documents will be examined based on the attached documents stipulated in Article 6, Paragraph 1, Items 6 to 9 of the Road Transport Act Enforcement Regulations.
12. Legal compliance
Regarding "In the case of a corporation, the full-time executive officer who has the right to represent the corporation must have the knowledge of laws and regulations necessary to properly carry out the general chartered passenger motor vehicle transportation business."
・One full-time officer with representative authority will be deemed to have the necessary knowledge of laws and regulations if he or she has passed the legal examination conducted by the Director of the Kanto Transport Bureau.
・If the applicant is a company without a board of directors or has not appointed a representative director, the examination will be conducted with the director as the representative.
・The scope of officers for public business operators includes regulations such as organizational regulations, administrative regulations, decision-making authority regulations, accounting body regulations, internal meeting regulations, local assembly regulations, business plans, appointment and dismissal of staff, procurement of business assets, etc. The decision will be made based on whether or not the person has the authority to make important decisions regarding the operation of the general chartered passenger car transportation business.
・If the officer taking the legal examination at the time of application does not have representative authority or is a part-time officer, documents sufficient to prove that he or she is a full-time officer with representative authority by the date of the legal examination (registration certificate, You will be required to submit a list of officers (with a column to indicate whether they are full-time or part-time).
Regarding "Persons who are obligated to enroll in social insurance, etc. based on the Health Insurance Act, Employees' Pension Act, Workers' Accident Compensation Insurance Act, and Employment Insurance Act, enroll in social insurance, etc."
Confirmation documents such as "(Health Insurance/Employee's Pension Insurance) New Application Notification (copy)" and "Labor Insurance/Insurance Relationship Establishment Notification (copy)", oath, etc., for those who are obligated to enroll in social insurance, etc. You will be asked to attach documentation proving that you plan to do so.
Regarding "In the case of a corporation, the full-time officers who execute the business of the corporation must have no problems in terms of legal compliance."
・This provision has been established from the perspective of ensuring the proper management of a business in accordance with the provisions of Article 7 of the Act regarding disqualification, as there is an extremely high probability that a person who has received these dispositions will not operate the business appropriately. It's something.
- Regarding the scope of applicable officers, it is necessary to include them because even if they do not manage the business as a nominal officer, there is an undeniable possibility that they will be involved in business management as consultants, advisors, etc. and exert substantial influence. Therefore, the purpose of Article 7 of the Act will be maintained.
・“There are no problems in terms of legal compliance, such as meeting all of the following criteria.”Based on the Act on the Appropriation of Operations in the Automobile Driving Agency Business (Act No. 13 of 57),2 years before the application date and after the application dateA person who has received a business suspension order, revocation of certification, or business abolition order (in the case where the person who received such disposition is a corporation, the matter that caused the corporation to be subject to the disposition has occurred) This includes persons who were currently serving as full-time officers executing the business of the corporation.
・“Not a person who has been punished.”Regarding the judgment, the holder of the right to dispose of the business shall be required to comply with the Road Transport Act, the Truck Transportation Business Act, the Act on Special Measures for Proper Taxi Business Act, and the General Passenger Motor Vehicle Transportation Act in Specified Areas and Semi-Specific Areas. Based on the Act on Special Measures Concerning Business Optimization and Revitalization (Act No. 21 of 64) and the Act on the Appropriation of Operations in the Automobile Driving Agency Business, etc.Date of administrative dispositionJudgment will be made on the date of the issuance of the order (as stated in the administrative disposition order).
13.Ability to compensate for damages
You will be asked to attach documents such as a copy of a contract application form, a copy of a written estimate, and an affidavit proving that all planned vehicles are planning to enroll in voluntary insurance or mutual aid.
Business license renewal details
About submitted documents
・Safe investment performance, the actual results from the business year in which the previous permit date falls to the most recent business year following the expiration date of the permit will be required. However, only for those who have received permission by March 29, 3, the most recent business year will be included when renewing the business license for the first time.Past 5 fiscal yearsRecord of achievements is required.
・Business income and expenditure performance report, it is necessary to describe the actual results from the business year in which the previous permit date falls to the most recent business year following the expiration date of the permit. However, only if the license was obtained by March 29, 3, the most recent business year will be included when the business license is first renewed.Past 5 fiscal yearsRecord of achievements is required.
・Business income and expenditure performance reportindicates the expiry date of the permit.Most recent fiscal yearIt is necessary to attach the balance sheet and the income statement for each business year from the business year in which the previous permit date falls to the most recent business year following the expiration date of the permit. However, only if the license was obtained by March 29, 3, the most recent business year will be included when renewing the business license for the first time.Past 5 fiscal yearsYou will be required to attach a profit and loss statement.
・As of the application date, the most recent business year has not ended, and the expiration date of the license isMost recent fiscal yearIf it is not possible to submit a balance sheet and income statement, the balance sheet and income statement for the most recent business year shall be submitted promptly after the start of the next business year.
For transportation business applications, please contact Support Administrative Scrivener Corporation
At Support Administrative Scrivener Corporation, we provide application support and consulting regarding transportation businesses, from those newly registering and obtaining permission for a transportation business to those already operating a transportation business.
The transportation business has moved from the stage of simply receiving a permit to the stage of requiring the establishment of a compliance system.
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