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.

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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;

Addendum to the lease agreement vehicle are: a waybill indicating the route of movement, 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 an authorization document 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:

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

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

1. On the driver who illegally transported passengers.
2. To the person who allowed such transportation of passengers.
3. 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:

1. Register as an individual entrepreneur.
2. Buy the appropriate license.
3. 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.

The State Council of Udmurtia submitted to the State Duma a bill on the administrative responsibility of the carrier for the dispatch of the same vehicle used to transport passengers and baggage on order, 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.

One of the common types of services in Russia for the transportation of people across highways are custom. These include flights within the city, suburban and.

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They are used for personal purposes, for sending to events, excursions, for tourist trips. In order to control traffic safety, standards have been created at the legislative level, which are taken into account already at the stage of obtaining permission for the relevant activity.

Definition

Passenger transportation is a type of service that delivers a passenger from the place of departure to the final destination of the vehicle. They refer to commercial flights, as a legal entity or an individual entrepreneur receives material benefits for this.

For this reason, in order to operate flights on a permanent basis or on order, the carrier must issue a license, and the vehicle itself must be equipped with a digital tachograph and a location determination system.

Rules for the transportation of passengers by buses

The main requirement for carriers operating passenger flights is the safety of all participants traffic, including people and luggage in the cabin. This is regulated by the legislation of the Russian Federation: Federal Law No. 196 of December 10, 1995, as amended. July 26, 2017

For the organization of transportation by bus, it is required to draw up a charter agreement in writing in accordance with Chapter 4, ed. from 03.07.2016

The transportation rules themselves have been approved since ed. 04/28/2015 The main requirements apply to the vehicle itself and its serviceability.

It must contain:

1. Information about the interested parties signing the document.
2. Type of vehicle, their number.
3. Route of travel and place of departure.
4. Determination of passengers for transportation.
5. Terms of the service.
6. The amount to pay for the trip.
7. The procedure for admitting people to the vehicle according to the circle of people.

If there is no need to perform systematic flights, an order can be issued for the transportation of passengers and baggage. The form for registration does not have a standard form.

According to the terminology in the convention, their meanings are as follows:

1. Freighter - a person who assumes the obligation to perform a paid service, he is also a carrier.
2. Charterer - a person who orders the service of transportation of passengers, cargo.

The rules for transporting people in chartered buses differ from those in ordinary regular buses for the passengers themselves only by a clearly planned route for their tasks. For the carrier, the documentary part is changed.

Otherwise, it must ensure safety, which depends on the driver, the condition of the vehicle, as well as the requirements that are given below. Special treatment for charter buses carrying children. Here the rules are stricter, as well as the peculiarities of documenting, the presence of accompanying persons is mandatory.

We list the main distinguishing features of what is required when transporting minors:

1. According to the new rules, the bus must be no older than 10 years, and its glasses must be affixed with decals in red frames indicating the category of passengers.
2. Depending on the distance, the class of the bus is determined. For long trips luxury vehicles are used.
3. If the trip of an organized group of children will last more than 12 hours, there must be a doctor.
4. If there are 3 buses or more, an escort car is ordered.
5. Be sure to apply for permission and approval of the route. Documents for this, lists of accompanying persons and children are submitted for approval in advance.
6. There are travel time and duration restrictions. So, at night, after 23.00, it is only allowed to go to the station to transfer to another transport or to meet children upon arrival. In extreme cases, the distance should be 50 km, after which a stop is required.
7. The driver is required to undergo a pre-trip briefing on the rules for transporting minors.
8. When traveling for more than 16 hours, 2 drivers are required, who are required to replace each other after 8 hours.
9. Do not leave the vehicle with children, exceed the speed of 60 km / h. It is recommended to travel during daylight hours.

Responsibilities of the transporter

The main, main duty of the carrier is the safe delivery of the passenger to the destination, and, if necessary, his luggage, the fulfillment of the conditions in accordance with the charter agreement.

To do this, he must do:

1. Timely supply of the vehicle for boarding people at the agreed time and disembarking at the specified place. Failure to comply with the conditions carries a financial penalty.
2. Ensure the availability of a serviceable and safe vehicle that meets sanitary, environmental and technical requirements.
3. Include in the ticket price according to
4. Be responsible not only for your actions, but also for employees, including drivers.
5. Operate under a license and comply with its terms.
6. Ensure pre-trip and post-trip inspections of drivers.
7. Perform scheduled and unscheduled vehicle maintenance.
8. Monitor the activities of drivers, including the work of the dispatcher.
9. Respect the rights and legitimate interests of passengers.
10. Provide the travel organizer with reliable information and documents required in order to control compliance with legal transportation.
11. Comply with the instructions of the regulatory authorities.
12. Consider complaints.
13. Provide information to passengers about the route.
14. Ensure that the driver has the necessary supporting documents (list below).
15. Notify the travel organizer in writing if the flight is cancelled.

Security

A passenger bus must have:

• good technical condition;
• quality certificate;
• traffic permit in the travel ticket;
• compliance with environmental standards;
• contain a first aid kit, fire extinguishers for passengers and the driver;
• wheel chock and an object for access to an emergency exit;
• warning triangle;
• place for luggage for long-distance flights;
• decals on the transportation of people;
• in the cabin there is an inscription "Emergency exit";
• digital tachograph and documents for it;
• navigator, video recorder;
• for passengers transportation rules.

Do I need a license

A license is an official permit, a document confirming the carriage by individuals and legal entities for domestic and international flights.

Its presence ensures the safety of passengers, professional suitability drivers and compliance with the requirements of the vehicle. Issued under personal transport or leased for a period of 5 years.

The document is not needed for those enterprises that:

• carry out irregular passenger transportation for their own needs (for the delivery of employees);
• have quantity seating, excluding driver's license, less than eight on routes within the country;
• rent buses without a driver.

That is, if the charter agreement provides for the participation of a driver, then for charter flights there must be licenses confirming the legitimacy of the provision of the service.

You can apply for a license in person or use mail forwarding, sending an online application to Rostransnadzor. To do this, you need to collect the documents required according to.

The list is subject to change, which requires clarification at the time of application:

1. , which contains information on the passport.
2. A document confirming the official registration of an individual entrepreneur or LLC.
3. An identification number.
4. Constituent documents.
5. Employment records of drivers with more than 3 years of driving experience.
6. Certificate of medical examination.
7. Data on the availability of premises for the location of vehicles, maintenance, with a certificate of compliance with established standards.
8. Information about vehicles, the right to use them (purchase and sale or lease agreement), registration certificates.

After considering the application, the commission may issue a permit or refuse for reasons of inconsistency of the specified data, errors, which can be challenged in court.
If the requirements are not met, the carrier will have to prove that a license is not required.

Otherwise, when stopping by the traffic police inspector, a protocol on administrative responsibility will be drawn up. The fine is expected not only for the driver, but also for others. responsible persons ().

Table. Fines for transporting passengers by bus without a license.

In addition to fines, you should be wary of confiscation of the vehicle, suspension of the enterprise for 3 months, which is also legal.

Required documents for the driver

To confirm the legitimacy of driving a vehicle and providing passenger transportation services, the driver must have personal documents and papers issued to him by the carrier's representative.

The main package should contain:

1. Category D driver's license.
2. Waybill.
3. license card.
4. The itinerary agreed with the transportation organizer.
5. Documents for the tachograph.

The circumstances of the collision of a minibus with a bus on October 5 in the Tver region showed how important it is to strengthen control over transportation of all statuses. The accident, in which, according to preliminary data, 13 people died, reminded once again that the law on the return of licenses for private carriers is vital.

The culprit turned out to be illegal

Early in the morning on October 5, there was a major accident on the road near the village of Nekrasovo, Tver Region. The Ford Transit minibus drove into the oncoming lane and flew into the LiAZ regular bus at full speed. 13 people died in the accident, including the bus driver. At the same time, it was lucky that the bus was almost empty and the main blow fell on the driver's seat, but the man survived.

Photo: UGIBDD of Russia in the Tver region

It soon became clear that fixed-route taxi worked illegally. “This is a private company that carries out illegal passenger transportation under the guise of registered,” the governor of the Tver region told reporters. Igor Rudenya.

Private licenses will return

Such accidents have long ceased to cause surprise. After licenses for charter and private transportation were abolished in 2012, the number of accidents involving buses is constantly growing, the Ministry of Transport reported. The statistics of the State traffic inspectorate confirm this: in 2015, 4996 accidents occurred due to the fault of bus drivers, in 2016 - 5294, in 2017 - 5608. And since the beginning of 2018, 3632 accidents have already occurred in Russia. True, the traffic police data does not indicate the characteristics of the perpetrators of the accidents: were they illegal carriers or drivers scheduled buses, unknown.

Photo: RIA Novosti / Ramil Sitdikov

But the fact that Russian roads pirate flights ply, is undeniable. The license obliges carriers to comply with a lot of rules: maintain premises for the repair and maintenance of vehicles, conduct a medical examination of drivers before flights and ensure that they do not violate the Rules of the Road, install tachometers and GLONASS systems on buses, and so on. To avoid all this, unscrupulous companies began to simply refuse licenses and make regular transportation under the guise of registered ones.

Last year, legislators came to the conclusion that you need a license for absolutely all transportation of eight or more passengers. Individual entrepreneurs and legal entities will be required to obtain licenses if they carry people on order or for the needs of the company. The corresponding bill, developed by the Ministry of Transport, was among the priorities for the autumn session. In the plans of the State Duma, consideration of the document was scheduled for October this year. As the head of the Duma Committee on Transport and Construction told "Parliamentskaya Gazeta", the second reading of the bill should take place next week.

How to identify an illegal immigrant

It must be admitted that semi-legal minibus flights are in demand among Russians. Because they better meet the ever-changing demand, explained the chairman of the Union of Passengers Kirill Yankov. And it's not even more low prices, but such carriers save on the maintenance of vehicles and drivers, so they can afford dumping. Minibuses are more mobile, they can travel more often and stop on demand.

“Therefore, it is necessary that control be strengthened over any carriers, regardless of their status. And this is the problem so far,” Kirill Yankov told Parliamentary Newspaper.

At the same time, the return of licenses does not appear to the expert as a panacea: “It is not certain that having a license will guarantee control over the technical condition of the vehicle and the condition of the driver. In addition, there is always the possibility of an accident on the road, even if the driver complies with all traffic rules, as the driver of LiAZ did.”

Kirill Yankov. Photo: PG / Mikhail Nilov

Passengers who care about their own safety can be given one piece of advice: prefer legal flights. How to determine a bona fide carrier? “If the bus runs on schedule and departs from the bus station, then there is a high probability that the company controls compliance with all requirements regarding transport and the driver. If the bus does not depart from the bus station, it is not on the schedule, it collects passengers around the city - the confidence in the quality of service is much lower, ”advised Kirill Yankov.