Passenger transportation under the guise of custom-made fronts. State Duma returns licensing of bus transportation

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The State Council of Udmurtia submitted to the State Duma a bill on the administrative responsibility of the carrier for sending the same vehicle used for transportation of passengers and baggage on request, more than three times from the same place within a month. The package of documents was published on Friday in the electronic database of the lower house of parliament.

The document states that the recent times in the country, the problem of accidents has significantly worsened as a result of mass transportation, a significant part of which is carried out under the guise of custom.

At the same time, regular flights are usually carried out by “illegal carriers” under the guise of irregular ones, with an increased risk for passengers (because during their implementation transport security in places of embarkation and disembarkation of passengers is not properly provided, and vehicles and their drivers do not undergo appropriate control and verification) and contain signs of unfair competition in relation to legal scheduled carriers.

In this regard, the State Council of Udmurtia proposed for sending the same vehicle more than three times within a month without proper coordination to impose a fine on citizens in the amount of 3-4 thousand rubles, on officials, as well as on entrepreneurs operating without the formation of a legal persons - 80-100 thousand rubles, for legal entities - 100-200 thousand rubles.

The draft notes the need to introduce appropriate responsibility at the federal level in order to solve the problem under consideration as a whole in the country, and not in individual regions.

Commission of the Orenburg OFAS Russia for the consideration of a case on violation of antimonopoly law, consisting of:

Chairman of the Commission -«<…>» ;

Members of the Commission:

«<…>» ;

in the presence:

IP representative«<…>» ,

RepresentativeWest Ural MUGADN Rostransnadzor territorial structural unit for the Orenburg region -«<…>» ,

In absence:

IP representative«<…>» duly notified of the date, place and time of the consideration of the case No. 07-16-62 / 2017,

having considered the case No. 07-16-62/2017 on the grounds of violation of IP«<…>» the requirements established by Article 14.8 of the Federal Law "On Protection of Competition" No. 135-FZ of July 26, 2006 (hereinafter referred to as the Law on Protection of Competition),

SET UP:

The Orenburg OFAS Russia receivedcomplaints («<…>» ) IP«<…>» and IP«<…>» on IP actions«<…>» and IP«<…>» on the grounds of violation of Article 14.8 of the Federal Law "On Protection of Competition" No. 135-FZ of July 26, 2006, by carrying out regular passenger transportation along the intermunicipal route No. 633 "Pervomaisky-Buzuluk" and No. 735 "Pervomaisky-Orenburg" without a certificate of right transportation (licenses); lack of route maps, contracts for dispatch and cash services.

The Orenburg OFAS Russia came to the conclusion that there arein IP actions«<…>» and«<…>» signs of violation of Article 14.8 of the Law on Protection of Competition.

In this regard, on the basis of Part 1 of Article 39.1 of the Law on Protection of Competition, IP«<…>» and IP«<…>» warnings issued (No. 07-23-02/2017 and No. 07-23-03/2017) on the need, within 10 working days from the date of receipt of this warning: to stop regular passenger transportation on intermunicipal routes No. 633 "Pervomaisky-Buzuluk" and No. 735 "Pervomaisky-Orenburg" until obtaining permits provided for by the current legislation in the field of regulation of regular passenger traffic on intermunicipal routes.

The above warnings«<…>» and IP«<…>» not fulfilled. According to part 8 of article 39.1 of the Law on Protection of Competition, in case of failure to comply with the warning within the prescribed period, if there are signs of violation of the antimonopoly law, the antimonopoly body is obliged to decide on the initiation of a case.

Orenburg OFAS Russia Order No.«<…>» case No. 07-16-62/2017 was initiated against an individual entrepreneur«<…>» and IP«<…>» on the grounds of violation of the requirements established by Article 14.8 of the Federal Law "On Protection of Competition" No. 135-FZ of July 26, 2006, by carrying out regular passenger transportation along the intermunicipal route No. 633 "Pervomaisky-Buzuluk" and No. 735 "Pervomaisky-Orenburg" without certificates for the right to carry out transportation (licenses); lack of route maps, contracts for dispatch and cash services.

In the course of consideration of the above case, the Commission did not see in the actions of the IP«<…>» antitrust violations.In this regard, the definition of the Orenburg OFAS Russia («<…>» ) participation in the case as a defendant IP«<…>» was terminated due to the absence of a violation of the antimonopoly law in the actions of the IP considered by the Commission«<…>»

According to the written explanations of the IP«<…>» , IP«<…>» and oral explanations of their representative«<…>» follows that IP «<…>» carries out regular transportation of passengers on the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" in the absence of permits and is not included in the register of carriers on regular intermunicipal routes.

The district newspaper "Prichaganye" constantly publishes information containing information on the exact timetable, indicating the specific fare and the telephone number by which orders are accepted for the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk". This schedule with a difference of five to ten minutes is copied from the schedule of IP carriers «<…>» and «<…>» No. 633 and 735. Starting and final points of departure of vehicles of applicants and individual entrepreneurs «<…>» match.

Thus, under the guise of registered transportation of IP «<…>» actually organized and carries out regular Passenger Transportation by road on the route "Pervomaisky-Orenburg", "Pervomaisky-Buzuluk" without participation in the competition, without issuing the relevant permits, which is contrary to the requirements of the Charter road transport, Rules for the carriage of passengers and baggage”.

Based on the content of the written explanations of the IP«<…>» and his representative«<…>» follows that « IP «<…>» carries out activities for the transportation of passengers and luggage on orders by road transport in the following types: services for the transportation of luggage in urban traffic, in suburban traffic, in intercity traffic, which is confirmed by notification No. «<…>» Also according to permission «<…>» IP «<…>» carries out activities for the transportation of passengers and luggage by passenger taxis on the territory of the Orenburg region.

Applications are accepted by phone if the number of people exceeds seats, then a charter agreement is concluded and applications are formed in advance according to the number of passengers.

Federal Law No. 259-FZ of 08.11.2007 expressly provides that when carrying out transportation by order, the parties agree in advance on the route and place of delivery of the vehicle, the timing of the transportation and the amount of payment for the use of the vehicle.

The information that was published in the newspaper "Prichaganye" is in the nature of a charterer's commercial offer for the implementation of passenger transportation on request.

Activities for the provision of services for the transportation of passengers and luggage on orders by road transport (with the exception of the implementation of such transportation along the routes regular transportation, as well as to meet the own needs of legal entities, individual entrepreneurs) is carried out in a notification manner.

For this reason, IP «<…>» transports passengers not on regular routes ».

In accordance with the written explanations of the representative of the West Ural MUGADN Rostransnadzor of the territorial structural unit for the Orenburg region, " IP «<…>» it is forbidden to carry out regular transportation of passengers along the routes of regular transportation according to schedules posted in the media.

By virtue of paragraph 6, part 2 of Art. 8 of the Federal Law of the Russian Federation of December 26, 2008 No. 294-FZ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”, individual entrepreneurs and legal entities perform work and services in accordance with the approved by the Government Russian Federation a list of works and services as part of the following activities: the provision of services for the transportation of passengers and luggage on orders by road (with the exception of the implementation of such transportation on regular transportation routes, as well as to meet their own needs of legal entities, individual entrepreneurs).

Places of embarkation and disembarkation of passengers:

Buzuluk, st. Line 1, opposite the Olimp shopping center (100 meters from the bus station);
Orenburg, Railway Station (station square);

- p. Pervomaisky, st. 60 years of the USSR, opposite the store 24 hours (100 meters from the bus station).

In addition, IP «<…>» has the right to carry out transportation of passengers on regular routes only after being admitted to such transportation of passengers in the manner established by the Federal Law of July 13, 2015 No. 220-ФЗ “On the Organization of Regular Transportation of Passengers and Luggage by Motor Transport and Urban Surface Electric Transport in the Russian Federation” .

By the definition of the Orenburg OFAS Russia («<…>» ) in connection with the adoption of a conclusion on the circumstances of the case, the consideration of the case was adjourned to 12/14/2017 at 10:30.

Opinion on the circumstances of the case No. 07-16-62/2017 («<…>» ) sent to IP address«<…>»

IP representative«<…>» and IP«<…>» supported the arguments put forward inconclusion on the circumstances of the case No. 07-16-62/2017 and written explanations. In addition, she explained that at the moment IP«<…>» . continues to carry out regular passenger transportation on the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" by type of registered passenger transportation.

The representative of the West Ural MUGADN of Rostransnadzor, the territorial structural unit for the Orenburg region, supported the arguments set forth earlier in the written explanations.

IP representative«<…>» before the meeting of the Commission, provided written explanations on the arguments set out in the conclusion on the circumstances of the case No. 07-16-62 / 2017 and a petition for consideration of the case in the absence of a representative of the individual entrepreneur«<…>» According to these explanations, the representative of the IP«<…>» thinks that IP«<…>» does not carry out regular passenger transportation, IP actions«<…>» are not aimed at obtaining advantages in the implementation of entrepreneurial activities, since individual entrepreneurs«<…>» carries out registered transportation passengers.

Having studied the materials of the case, having listened to the explanations of the parties, the Commission of the Orenburg OFAS Russia came to the following conclusions.

According to part 1 of article 4 of the Law on Protection of Competition, a product is an object of civil rights (including work, a service, including a financial service), intended for sale, exchange or other introduction into circulation.

In accordance with paragraph 4 of Article 4 of the Law on Protection of Competition, a commodity market is a sphere of circulation of goods (including foreign-made goods) that cannot be replaced by other goods, or interchangeable goods (hereinafter referred to as a certain product), within which (including geographic) based on economic, technical or other feasibility or expediency, the purchaser can purchase the goods, and such an opportunity or expediency is not available outside of it.

According to paragraph 5 of Article 4 of the Law on Protection of Competition, an economic entity - commercial organization, a non-profit organization carrying out activities that bring income to it, an individual entrepreneur, another individual who is not registered as an individual entrepreneur, but carries out professional activities that generate income, in accordance with federal laws on the basis of state registration and (or) a license, as well as by virtue of membership in a self-regulatory organization

By virtue of paragraph 7 of article 4 of the Law on Protection of Competition, competition is the rivalry of business entities, in which the independent actions of each of them exclude or limit the ability of each of them to unilaterally influence the general conditions for the circulation of goods in the relevant commodity market.

IP«<…>» has a license no.«<…>»

IP«<…>» carries out regular passenger transportation along the route "Pervomaisky - Orenburg" and "Pervomaisky - Buzuluk", which is confirmed by a certificate for the right to carry out transportation, route maps, contracts for dispatch and cash services and schedules.

IP«<…>» has a license no.«<…>» to carry out activities for the transportation of passengers by road transport equipped for transportation of more than eight people (except for the case if the specified activity is carried out on orders or to meet the own needs of a legal entity or individual entrepreneur).

IP«<…>» carries out regular passenger transportation along the route “Pervomaisky village - Buzuluk”, which is confirmed by a certificate for the right to carry out transportation, a route map, contracts for dispatch and cash services and a schedule.

IP«<…>» notification No.«<…>» «<…>» (UGADN for the Orenburg region) and permission«<…>» (Ministry economic development, industrial policy and trade).

IP«<…>» carries out transportation of passengers and luggage on orders by road transport along the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk", which is confirmed by charter agreements and advertisements placed in the newspaper "Prichaganie" (Social and political newspaper of the Pervomaisky district of the Orenburg region).

Thus, taking into account the provisions of clause 7, article 4 of the Law on Protection of Competition, IP«<…>» carries out activities similar to those carried out by IP«<…>» and IP«<…>» , that is, it actually carries out entrepreneurial activities in the same product market for the transportation of passengers along the route Pervomaisky-Orenburg and Pervomaisky-Buzuluk, therefore, the above carriers are business entities-competitors.

Federal Law No. 259-FZ of 08.11.2007 "Charter of Road Transport and Urban Surface Electric Transport" (hereinafter - Law No. 259) regulates relations arising in the provision of services by road transport and urban surface electric transport, which are part of transport system Russian Federation.

According to Art. 5 Law No. 259, transportation of passengers and luggage by road are divided into: regular transportation; transportation on orders; transportation by passenger taxis.

In accordance with Art. 19 of Law No. 259, regular transportation of passengers and baggage is carried out on the basis of a public contract for the carriage of a passenger along the route of regular transportation. Regular transportation of passengers and baggage is divided into transportation with boarding and disembarking of passengers only at established stopping points along the route of regular transportation; transportation with embarkation and disembarkation of passengers in any not prohibited by the rules traffic place along the route of regular transportation. Transportation with boarding and disembarking of passengers only at established stopping points along the route of regular transportation is carried out in accordance with the schedules established for each stopping point. Transportation with embarkation and disembarkation of passengers in any place not prohibited by traffic rules along the route of regular transportation is carried out in accordance with the schedules established for traveling from the starting and final stopping points along the route of regular transportation.

In accordance with Section II "Regular Transportation" of the "Rules for the Transportation of Passengers and Baggage by Motor Transport and Urban Surface Electric Transport" approved by Decree of the Government of the Russian Federation No. 112 dated February 14, 2009 (hereinafter referred to as Government Decree No. 112), regular transportation of passengers and baggage is carried out according to schedules . The schedule contains vehicle departure intervals, including by time periods of the day, or a time schedule for the departure of vehicles from a stopping point. The passage of passengers on regular transportation routes is carried out by tickets.

According to Article 13 of the Law of the Orenburg Region dated 09.03.2016. №3801/1039V-OZ "On the organization of regular transportation of passengers and luggage by road in the Orenburg region", a certificate of transportation on the intermunicipal route of regular transportation and a map of the corresponding route are issued by the authorized body that established this route, based on the results of an open tender for the right to carry out transportation along the route of regular transportation in accordance with the regulations of the Federal law No. 220-FZ.

Registration, re-issuance of a certificate of transportation on an intermunicipal route of regular transportation, a map of the route of regular transportation, termination and suspension of the certificate of transportation and a map of the route of regular transportation are carried out in accordance with the norms of the Federal law No. 220-FZ.

According to part 1 of article 27 of Law No. 259, the transportation of passengers and luggage on order is carried out by a vehicle provided on the basis of a charter agreement concluded in writing

In accordance with Article 787 of the Civil Code of the Russian Federation, under a charter agreement (charter), one party (the charterer) undertakes to provide the other party (the charterer) for a fee with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods, passengers and luggage.

Based on the content of parts 2 and 4 of Law No. 259, the charter agreement specified in part 1 of this article, must include: 1) information about the charterer and the charterer; 2) the type of vehicle provided (if necessary, the number of vehicles); 3) the route and place of delivery of the vehicle; 4) a certain or indefinite circle of persons for whose transportation a vehicle is provided; 5) terms of transportation; 6) the amount of payment for the use of the vehicle; 7) the procedure for admitting passengers to board the vehicle, established taking into account the requirements provided for by the rules for the carriage of passengers (in the event that the vehicle is provided for the carriage of a certain circle of persons).

If there is no need to carry out systematic transportation of passengers and baggage on order, the charter agreement is concluded in the form of an order for the provision of a vehicle for the transportation of passengers and baggage. Details and the procedure for filling out such an order-order is established by the rules for the carriage of passengers.

Section III “transportation of passengers and luggage on order” of Government Decree No. 112 states that a charter agreement may provide for the use of vehicles for the transportation of a certain circle of persons or an indefinite number of persons. A charter agreement providing for the use of vehicles for the transportation of a certain circle of persons establishes the procedure for allowing these persons to board the vehicle in accordance with paragraph 92 of these Rules. Boarding of persons specified in the charter agreement in a vehicle provided for the charter transportation of passengers and baggage is carried out upon presentation by the said persons to the charterer of documents (service ID, excursion voucher, etc.) certifying their right to travel in this vehicle, and (or ) in accordance with the list of passengers provided to the charterer by the charterer. The charter agreement may be concluded in the form of an order for the provision of a vehicle for the carriage of passengers and baggage, drawn up by the charterer. The specified work order must contain the required details, which are defined in Appendix N 4 of the Rules. A vehicle provided for the carriage of passengers and baggage on request is issued with signs with the inscription "Registered", placed: a) above the windshield of the vehicle and (or) in the upper part of the windshield; b) on the right side of the body in the direction of the vehicle; c) on the rear window of the vehicle. Above the windshield and (or) on the right side of the body in the direction of the vehicle, the short name of the charterer is indicated.

Thus, the distinguishing features of regular transportation from custom are the presence of a public contract as the basis for transportation, the implementation of transportation according to the established schedule along the regular route in accordance with the route passport, on the basis of permits issued by the authorized body in the field of organizing regular passenger transportation, transportation is carried out systematically .

A distinctive feature of the carriage of passengers on request is that the carriage is carried out on the order of the passenger, while the route of movement and the time of departure are also determined by the passengers.

Based on the content of the letter from the Ministry of Economic Development, Industrial Policy and Trade of the Orenburg Region («<…>» ) it follows that IP«<…>» certificates of transportation on intermunicipal routes No. 735 "Orenburg-Pervomaisky" and No. 633 "Buzuluk-Pervomaisky", as well as route maps, were not issued by the authorized body and information was not entered into the Register of intermunicipal routes of regular transportation through the territory of the Orenburg region.

IP«<…>» carries out registered transportations on the basis of notification No.«<…>» on the start of business activities from«<…>» (UGADN in the Orenburg region). Transportation is carried out on the basis of charter agreements for the transportation of a certain number of passengers by road. Lists of passengers in the amount of 1-5 people are attached to these agreements.

Under the terms of charter agreements, vehicles are provided for charter transportation in the interests of a certain circle of persons. Boarding of passengers in vehicles is carried out in strict accordance with the list of a certain circle of persons who confirm their presence in the vehicle with the signature and full name provided by the "Charter" before the departure and (or) start of the vehicle. The period of transportation of a certain circle of persons in accordance with this contract and in accordance with the application.

In accordance with the charter agreements, the place of delivery of the vehicle is: Pervomaisky settlement, st. 60 years of the USSR, station square, gathering at stops.

At the same time, it should be noted that the charter agreements for the transportation of a certain number of passengers by road, provided in the materials of this case, are concluded mainly between individual entrepreneurs«<…>» and«<…>»

The regular nature of transportation on the indicated routes of an indefinite circle of persons carried out by individual entrepreneurs«<…>» , is confirmed by the presence of an information plate on vehicles that carry passengers indicating the specific route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk", which is confirmed by the photographs provided in the materials of the present case. These photographs show the vehicles of IP Korchagin S.V. on which passengers are transported "Pervomaisky-Orenburg" and "Pervomaisky-Orenburg" («<…>» ).

In the regional newspaper "Prichaganie" since 2016. and is currently publishing information that states the following:

Departure route: "Orenburg-Pervomaisky" and "Pervomaisky-Buzuluk";

Specific departure time on the Orenburg-Pervomaisky routes (departure from Pervomaisky at 5:00, 6:00, 8:30; departure from Orenburg at 12:00, 13:00, 15:00; on Sunday 14:00, 15 :00) and Pervomaisky-Buzuluk (departure every hour from Pervomaisky starting at 7:00 and from Buzuluk starting at 11:00);

Payment for travel on the routes "Orenburg-Pervomaisky" (from 400 rubles) and "Pervomaisky - Buzuluk" (200 rubles) per passenger;

Notice No. 56164-UV dated 08/30/2016 is indicated. and permission 56 No. 010747 dated March 14, 2016, which were issued by IP«<…>»

The fact of placing the above information in the newspapers "Prichaganye" is confirmed and not disputed by the IP«<…>» and his representative«<…>»

According to the information provided by the applicants, payment for regular passenger transportation is set in the amount of: "Pervomaisky-Orenburg" 550 rubles; "Pervomaisky-Buzuluk" 200 rubles.

The Commission considers that an indefinite circle of persons can get acquainted with the specified information. The content of this information is a specific timetable for the movement of vehicles on the route "Pervomaisky-Orenburg" and "Pervomaisky - Buzuluk". Potential passengers, having seen a vehicle with an indication of the route, seeing information in the newspaper "Prichaganye" on the schedule of the route and the cost of the trip, not seeing a significant difference in carriers and taking into account the need to travel from one locality in the other, they prefer a vehicle that travels earlier than regular flights and at a low cost.

In addition, IP«<…>» receives an advantage in the implementation of passenger transportation on the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk", in the form of lack of time and costs for preparing documents for participation in the competition and for issuing relevant permits.

The commission of the Orenburg OFAS Russia, having analyzed the submitted documents from the applicants and from the defendant in the materials of the present case, established that the timetable for the movement of vehicles of both the applicant and the individual entrepreneur«<…>» was daily, and the time of departure and arrival of vehicles coincided or were close to each other. Timetable for the movement of IP vehicles«<…>» brought to the attention of passengers at the points of departure, as well as through placement in the newspapers "Prichaganye". Starting and final points of departure of vehicles of applicants and individual entrepreneurs«<…>» match. Dispatch of vehicles«<…>» and IP«<…>» carried out from the bus station, vehicles IP«<…>» depart from the station square next to the bus station.

The Commission concludes that the actions of the IP«<…>» contradict the requirements of integrity, reasonableness and fairness, based on the following: externally simulating the provision of services for charter passenger transportation along a route that coincides with the routes of the individual entrepreneur«<…>» and IP«<…>» actually carries out business activities for the provision of services for regular passenger transportation. IP«<…>» could not have been unaware of the existence of a legitimate competitor on the market. There is no evidence to the contrary in the materials of the present case.

Therefore, the actions of the IP«<…>» are aimed at obtaining advantages in carrying out entrepreneurial activities by violating the rules of competition between economic entities (setting the time and price of a flight solely at their own discretion and in order to create illegal advantages for themselves in relation to a competitor).

IP«<…>» in violation of the requirements of the current regulatory legal acts, uses the Peromaisky-Orenburg and Pervomaisky-Buzuluk inter-municipal routes for profit. Meanwhile, other market participants operating in accordance with the requirements of regulatory legal acts, including individual entrepreneurs«<…>» and IP«<…>» , cannot thus increase their income, since such actions will lead to the loss of the universal character of regular passenger transport, which is necessary to meet the corresponding needs of the population.

The operation of an unaccounted route also leads to a redistribution of passenger traffic, a change in the economic indicators of routes and, as a result, infliction of losses to competing business entities in the form of lost profits. The outflow of passengers to IP«<…>» as a result of the commission of illegal actions by the latter, it may cause losses to economic entities-competitors, which carry out activities in good faith in the commodity market in question (including the applicants), in the form of lost income (lost profits) that they could have received under normal conditions of competition.

In accordance with paragraph 9 of Article 4 of the Law on Protection of Competition, unfair competition is any actions of economic entities (groups of persons) that are aimed at obtaining advantages in the implementation of entrepreneurial activities, contrary to the legislation of the Russian Federation, business practices, the requirements of integrity, reasonableness and fairness and have caused or may cause losses to other economic entities - competitors, or have caused or may cause damage to their business reputation.

The prohibition on unfair competition is established by Art. 14.8 of the Competition Law.

According to Article 10- bis Paris Convention (“Convention for the Protection of Industrial Property”, concluded in Paris on March 20, 1883), an act of unfair competition is considered to be any act of competition that is contrary to honest customs in industrial and commercial affairs.

Under these circumstances, the Commission considers that the SP«<…>» actually carries out activities similar to that which is engaged in IP«<…>» and IP«<…>» , that is, it carries out passenger transportation regularly according to the schedule along the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" under the guise of registered passenger transportation, which in turn contradicts the legislation of the Russian Federation, business practices, the requirements of integrity, reasonableness and fairness and can cause losses to other business entities, respectively, is an act of unfair competition in accordance with Article 14.8 of the Law on Protection of Competition.

Based on the foregoing and taking into account the totality of available evidence established in the circumstances of the case, the Commission concludes that IP«<…>» the requirements of the current legislation of the Russian Federation, establishedArticle 14.8 of the Federal Law of 26.07.2006 No. 135-FZ "On Protection of Competition", expressed in the commission of actions by carrying out regular passenger transportation along the intermunicipal route "Pervomaisky-Buzuluk" and "Pervomaisky-Orenburg" in the absence of permits provided for by the current legislation of the Russian Federation.

The Commission concludes that it is necessary to issue an IP order«<…>» on the performance of actions aimed at eliminating violations of the antimonopoly law.

Guided by articles 14.8, 23, part 1 of article 39, parts 1, 2 of article 41, 45, article 49, article 50 of the Federal Law of July 26, 2006 No.№ 135-FZ "On Protection of Competition", Commission

DECIDED:

1. Recognize IP«<…>» violating the requirements of the antimonopoly law, establishedart.14.8Federal Law of July 26, 2006 No. No. 135-FZ "On Protection of Competition".

2. IP«<…>» issue an order to terminate regular passenger transportation on the Pervomaisky-Orenburg and Pervomaisky-Buzuluk intermunicipal routes until receiptpermits issued by the authorized body in the field of organizing regular passenger transportation in the Orenburg region.

3. Transfer case materials No. 07-16-62/2017 to an authorized official of the Orenburg OFAS Russia to resolve the issue of initiating a case on an administrative offense.

This decision may be appealed within three months from the date of its adoption in the arbitration court.

Chairman of the Commission«<…>»

Order in case No. 07-16-62/2017

on taking actions aimed at eliminating violations of the antimonopoly law

Commission of the Office of the Federal Antimonopoly Service for the Orenburg Region to consider a case on violation of antimonopoly law, consisting of:

Chairman of the Commission -«<…>» ,

guided by Art. 23, part 1, article 39, part 4, article 41, article 50 of the Federal Law from 26.07.2006 No. 135-FZ "On Protection of Competition", based on the decision of December 15, 2017. in case No. 07-16-62/2017,

prescribes:

1. Individual entrepreneur«<…>» ( «<…>» ) take actions aimed at eliminating violations of the antimonopoly law, for which: from the moment of receipt of this order stop regular passenger transportation on the intermunicipal route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" until receipt of permits issued by the authorized body in the field of organizing regular passenger transportation in the Orenburg region.

2. Report the fulfillment of this order to the Orenburg OFAS Russia by 22.01.2018 by submitting documents confirming its fulfillment.

The order may be appealed to the arbitration court within 3 months from the date of its issuance.

Note: failure to comply with this Directive within the prescribed period entails the imposition of an administrative fine in accordance with Part 2.5 of Art. 19.5 of the RF Code of Administrative Offenses

Chairman of the Commission«<…>»

Members of the Commission<…>»

Unfortunately, the number of accidents caused by drivers passenger transport is still growing. This is evidenced by the statistics of the State traffic inspectorate for 7 months of this year: 3,141 accidents occurred through the fault of bus drivers. This is 3.7% more than in the same period last year. They killed 116 people, which is 20.5% less. 4,667 people were injured.

In our enlightened age, such accidents should not happen. In this regard, the State Duma at the plenary session adopted a bill that returns the previously canceled licensing bus transportation. Its main goal is to counter the illegal regular transportation of passengers, which are carried out under the guise of custom. Buses, minibuses, urban ground electric transport, which transports more than 8 people, fall under the law.

Sergei Bidonko, Deputy Chairman of the Committee for Transport and Construction, federal coordinator of the party project " United Russia» Safe Roads commented on this document.

- At one time, in order to reduce the burden on business, custom transportation by road was canceled for licensing. Carriers immediately began to leave regular routes and carry out transportation under the guise of registered with all the ensuing consequences. Thus, a huge number of shipments fell out of license control.

However, it is extremely difficult to bring such violators to justice. Our committee received a large number of proposals from the regions on this topic. This problem is especially acute in major cities where pendulum migration is developed. In addition, it is no secret that drivers working on such transportation practically live in a car, many neglect their rest and often fall asleep at the wheel.

Drawing attention to the problem that has arisen, on December 17, 2016, President of Russia Vladimir Putin instructed the Government to urgently ensure the introduction of amendments to the legislation of the Russian Federation that provide for mandatory licensing of the activities of legal entities and individual entrepreneurs for all types of passenger transportation by road, including cases when such activities are carried out by order . The Transport and Construction Committee approved the government bill developed under this order. Thus, the federal law on licensing, repealed in 2011, returns to the legislative field.

Now obtaining a license requires the carrier to comply with certain requirements - the presence of a GLONASS system in a car, regular medical examinations of drivers, and timely technical inspections. The document will oblige drivers of vehicles weighing more than 3.5 tons and in which more than eight passenger seats are installed to equip their vehicles with a tachograph. Non-compliance with any item may result in refusal to issue a license.

I am sure that licensing will improve road safety, and the requirements for carriers will lead to a reduction in the number of accidents. I think that the adoption of this law will not affect the cost of travel in public transport.

The Government of the Russian Federation proposes to exclude the possibility of transporting passengers and luggage by motor transport and urban ground electric transport on a notification basis without obtaining a license. To this end, it is planned 1 to establish a ban on the transportation without a license of passengers and luggage by vehicles equipped to carry more than 8 people and to amend Art. 1, art. 12, Art. 19 of the Federal Law of May 4, 2011 No. 99-FZ "On Licensing certain types activity” (hereinafter referred to as the Law on Licensing).

The fact is that the activity of regular transportation of passengers by road, equipped for the transport of more than 8 people, is subject to licensing (clause 24, part 1, article 12 of the law on licensing), and the implementation of entrepreneurial activities for the transport of passengers and luggage by road on order is currently of a notification nature (clause 6, part 2, article 8 of the Federal Law of December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”).

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Therefore, in order to avoid the fulfillment of license requirements, carriers file applications for the cancellation of the license and proceed to the implementation, in fact, of regular transportation under the guise of registered.

It is also proposed to punish them for failure to provide information necessary for maintaining a unified automated information system for technical inspection.

At the moment, for non-payment of a fine, administrative arrest for up to 15 days can be appointed, among other things.

Over 1,000 km of roads were repaired with these funds.

Since the beginning of this year, more than 1,000 illegal transportation of passengers without permission has been registered in Russia.

Transportation of passengers by various types of vehicles must be carried out on the basis of a permissive license.

To obtain a license, a carrier company must have a certain set of vehicles, a sufficient number of qualified drivers and additional personnel, as well as provide a set of documents confirming all the main factors to the controlling organization.

Is there any liability for the lack of a license, and what punishment is provided for by the laws, read on.

What applies

In order for transportation not to be considered illegal, the following conditions must be met simultaneously:

the carrier organization is required to have a license for engaging in entrepreneurial activities related to passenger transportation. The issuance of permits is carried out by the Federal Service for Supervision in the Sphere of Transport, or rather, the regional divisions of this organization, which are available in every regional center of the Russian Federation;

In order to obtain a license, a company or an individual entrepreneur (an individual cannot obtain a permit under any circumstances) must fully comply with the requirements set by the legislative acts of the Russian Federation for organizations transporting people.

transportation carried out by pre-order, must be carried out on the basis of a written charter agreement concluded between the organizer of transportation and the passenger. The exception is passenger taxis, when ordering which the charter agreement can be concluded orally;

Attachments to the vehicle rental agreement are: a waybill indicating the route, a list of passengers, payment documents, and so on.

if the transportation is scheduled, then in addition to the main documents, an itinerary agreement issued by the Department of Transportation must be attached.

When coordinating the route with the regional authorities, each vehicle is given a number, and the driver is given a route map that clearly defines the time of departure from the starting point of the route, the time of arrival at intermediate points indicated as stops, the time of arrival at the destination.

The driver is also provided with information about dangerous places on the route, on the placement of food and recreation points for passengers, on the availability of gas stations and medical institutions.

For passenger

For a passenger using the services of illegal carriers, the consequences may occur in the form of:

non-receipt of a comprehensive service provided for by the charter agreement. As a rule, when an offense is detected, the vehicle is delayed, which leads to the impossibility of further movement of people and their delivery to the agreed destination;
delivery delays. This aspect is especially important when using regular transportation on a given route;

When concluding a fictitious vehicle rental agreement, the company is not responsible for the timely delivery of people to their destination and it will be impossible to prove the opposite circumstance in court in order to recover compensation.

moral and material damage. Violation of the rules for transporting people can result not only in material damage, but also infliction of harm to health.

Read also: Application for recognition of the claim by the defendant sample

Official carriers are obliged to insure passengers, which entails the payment of a certain amount of money upon the occurrence of an insured event.

Illegal carriers do not conclude insurance contracts, therefore, it is impossible to recover the amount of damage for causing harm to health or damage to the passenger's property.

Legalization of the activities of carriers is equally beneficial for both companies and passengers. Organizations can freely carry out their activities without fear of negative consequences, and passengers receive maximum comfort and safety.

For passenger intercity transportation by minibus, see the page.

A sample of filling out an order for the transportation of passengers is at the link.

Fine for illegal transportation of passengers

The law establishes certain requirements for taxis, including the obligation to carry passengers only with an appropriate license. Such a permit is issued to a company only after it has been checked by the Federal Service for Supervision in the Sphere of Transport for its compliance with all legal requirements.

To avoid having to prepare all the documents, many companies operate without a license. This also applies to private carriers who are in no hurry to register as individual entrepreneurs, preferring to tax and not pay any taxes for it.

Why is illegal taxi popular?

A taxi is an inexhaustible option for earning money, which allows the driver to earn some money for his life in just a couple of hours. From the first appearance, this service is very popular among the population, because this option of moving around the city is very convenient. Unlike the usual public transport, moving along a route strictly drawn up for him, the car can bring the client right to the entrance, providing high passenger comfort throughout the trip.

Such popularity of a taxi among the population has determined its attractiveness for drivers. Especially for those who prefer informal earnings, since this type of income brings much more profit than regular official work.

Taxi drivers without a license do not use meters, but negotiate with passengers about the cost of their services.

The main danger of using an illegal taxi is the non-compliance of the car with the requirements of the law. The Taxi Law provides for fines for illegal transportation of passengers, as this may adversely affect the safety of the passenger.

What to do if illegal transportation of passengers was detected?

Traffic inspectors constantly conduct inspections to detect illegal passenger transportation without a license. According to the requirements of the legislation, this document is necessary for the implementation of several types of passenger transportation:

Movement by water means of transport.
Transportation of passengers by rail.
Traveling by car if it can accommodate more than eight people.
Transportation of passengers by taxi.

Carriage of passengers without a license is punishable by a fine, which is imposed on several persons:

On the driver who illegally transported passengers.
To the person who allowed such transportation of passengers.
For an organization that does not have a license to carry out this type of activity.

If during the re-inspection the same violation of the law is again revealed, in addition to the fine, the confiscation of the vehicle is allowed.

What is the fine for illegal taxi for private carriers?

On the this moment, for an illegal taxi without an appropriate license, a fine of 5 thousand rubles applies. Depending on the region, the amount of the fine can vary and reach up to 10 thousand rubles (the maximum amount of the fine is valid in Moscow).

If the car that carried out the illegal transportation of passengers does not have any identification signals (checkerboard stickers), the driver is held administratively liable in the form of a fine of 3,000 rubles.

If the driver carrying passengers, after receiving Money, did not issue a cash document confirming payment for his services, he can also be held liable in the form of a fine of 1 thousand rubles.

If a person driving a passenger vehicle illegally uses the paraphernalia of a taxi, he is held liable in the form of a fine of 5 thousand rubles.

Punishment for the carriage of passengers without a license for organizations

Organizations that carry out the transportation of passengers without having the appropriate permission to do so are subject to fines in other sizes.

For the lack of information in the passenger compartment about the rules of the taxi, the official must pay a fine of 10 thousand rubles. The organization is held liable in the form of a fine of 30 thousand. Similar fines are established for cases when the passenger is not issued a check or any other document confirming payment for taxi services.

If the car used for transportation is not equipped with identification signals (lanterns or color schemes), the organization is obliged to pay a fine of 50 thousand rubles. An official for the same punishment will have to pay 10 thousand rubles.

How to Avoid Liability for Carrying Passengers Without a License

Now you can avoid liability for illegal transportation of passengers only by following the requirements of the law. To taxi, the driver will need:

Register as an individual entrepreneur.
Buy the appropriate license.
Install all necessary accessories on your car.

If the transportation of passengers is the main type of business activity, it is better to choose a simplified taxation system.

The entire procedure for legalizing entrepreneurial activity takes a minimum of time and will require expenses of up to 30 thousand rubles.