Regular transportation of passengers under the guise of custom-made. What will save passengers from illegal minibuses. Carriage of passengers by registered bus

The Government of the Russian Federation proposes to exclude the possibility of transporting passengers and baggage by road and urban surface electric transport in a notification manner without obtaining a license. To this end, it is planned 1 to establish a ban on the transportation of passengers and baggage without a license by vehicles equipped for the transport of more than 8 people and to amend Art. 1, Art. 12, Art. 19 of the Federal Law of May 4, 2011 No. 99-ФЗ "On licensing of certain types of activities" (hereinafter - the law on licensing).

The fact is that the activity of regular passenger transportation by road, equipped for the transport of more than 8 people, is subject to licensing (Section 24, Part 1 of Article 12 of the Law on Licensing), and the implementation of entrepreneurial activity in the transportation of passengers and baggage by road by order is currently of a notification nature (Clause 6, Part 2, Article 8 of the Federal Law of December 26, 2008 No. 294-ФЗ On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control ( Zora) and municipal control ").

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Therefore, carriers in order to avoid the fulfillment of license requirements submit applications for annulment of the license and proceed to the implementation of, in fact, regular transportations under the guise of ordered.

It is also proposed that they be punished for failure to provide information necessary for maintaining a unified automated information system for technical inspection.

Currently, for non-payment of a fine, an administrative arrest for up to 15 days may be imposed.

Over 1 thousand km of roads were repaired with these funds.

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

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Passenger transportation by various types of vehicles should be based on a permit.

To obtain a license, the 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 a liability for the lack of a license, and what punishment is prescribed by law, read on.

What is related

To prevent the transportation from being considered illegal, the following conditions must be met simultaneously:

• the carrier organization is required to have a license to engage in business activities related to passenger transportation. Permits are issued by the Federal Service for Supervision in the Field of Transport, or rather, regional units of this organization, which are available in each regional center of the Russian Federation;

To obtain a license, a company or an individual entrepreneur (an individual cannot obtain permission under any circumstances) must fully comply with the requirements of the legislative acts of the Russian Federation for organizations engaged in the transportation of people.

• carriage carried out by reservation must be made on the basis of a written charter contract concluded between the organizer of the carriage and the passenger. The exception is passenger taxis, when ordering which a freight contract can be concluded orally;

The annex to the vehicle lease agreement is: a waybill with an indication of the route of movement, a list of passengers, payment documents, and so on.

• if the transportation is regular, then, in addition to the main documents, the route approval issued by the Department of Transport must be attached.

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

The driver is also provided with information about dangerous places along the route, about the location of food and rest points for passengers, about the presence of gas stations and medical facilities.

For passenger

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

• failure to receive the comprehensive service provided for by the charter contract. 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 scheduled services on a given route;

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

• moral and material damage. Violation of the rules for transporting people can result not only in the presence of material damage, but also 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 in the event of an insured event.

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

Legalization of carriers' activities is equally beneficial for both companies and passengers. Organizations are free to engage in their activities without fear of negative consequences, and passengers receive maximum comfort and safety.

About passenger long-distance transportation by minibus, see the page.

A sample of filling out an order for the carriage of passengers is here.

Penalty for illegal transportation of passengers

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

To avoid the need to prepare all 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 this.

Why is illegal taxi popular?

Taxi is an inexhaustible option of earning, 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 conventional public transport that travels along a route strictly compiled for him, the car can bring the client directly to the entrance, ensuring high passenger comfort throughout the trip.

Such popularity of taxis among the population led to its appeal to drivers. Especially for those who prefer informal earnings, since this type of income brings much more profit than regular official labor.

Drivers taxiing without a license do not use meters, but agree with passengers about the cost of their services.

The main danger of using an illegal taxi is the car’s non-compliance with legal requirements. The Tax Law provides penalties for the illegal transportation of passengers, as this may adversely affect the safety of the passenger.

What to do if illegal transportation of passengers has been detected?

Traffic inspectors constantly carry out checks to detect illegal passenger traffic without a license. According to the requirements of the law, this document is necessary for the implementation of several types of passenger traffic:

1. Movement by water modes of transport.
2. Carriage of passengers by rail.
3. Traveling by car if it fits more than eight people.
4. Passenger transportation by car taxi.

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

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

If during the re-examination the same violation of the law is again revealed, in addition to the fine, the vehicle may be confiscated.

What is the penalty for illegal taxi for private carriers?

At the moment, for an illegal taxi without an appropriate license, a fine of 5 thousand rubles is applicable. 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 was carrying out the illegal transportation of passengers does not have any identification signals (chess-colored stickers), the driver will be held administratively liable in the form of a fine of 3 thousand rubles.

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

If a person driving a passenger car illegally uses the attributes of a taxi, he will be 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 passengers without permission to do so are fined in other sizes.

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

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

Avoiding liability for the carriage of passengers without a license

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

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

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

The whole process of legalizing entrepreneurial activity takes a minimum of time and will require expenses of up to 30 thousand rubles.

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State Duma obliges to license bus transportation

The State Duma adopted in the third, final reading a law prohibiting bus transport without a license. Within 120 days from the entry into force of the law, all legal entities and individual entrepreneurs involved in the carriage of passengers are required to obtain a license.

The document also provides for equipping all vehicles with tachographs, the readings of which can be checked by state control bodies.

Innovations relate to vehicles with a permitted maximum mass of more than 3.5 tons and a number of seats more than eight. The law will not apply to fire-fighting vehicles, ambulances, police, emergency services, the military automobile inspection, the FSB, FSO, the Armed Forces, the Russian Guard, the Investigative Committee, as well as transportation without the use of public roads.

The requirements for intercity bus transportation, it was decided to tighten in 2017 after a series of major accidents. The most common causes of road accidents were then called both driver processing and safety violations at transport enterprises. Licensing will help track such cases. In addition, this procedure will allow to suspend the activities of carriers-violators, and not just write them a fine.

First of all, transportation will again become licensed - the legislator refuses the notification nature of activity. Thus, with compulsory licensing of custom-made transportation, drivers are required to undergo a medical examination every day, observe the timetable and provide all the necessary documents for the vehicle.

Also, all vehicles must be equipped with tachographs.

According to the press service of the State Duma deputy Sergei Ten, this bill amends a number of existing laws: “On licensing certain types of activities”, “On road safety”, “Charter of road transport and urban land electric transport” and “On protection of rights legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control. "

- The main goal of the law is to qualitatively improve road safety, given that passenger transport, unfortunately, is one of the sensitive areas in this regard. In recent years, we see a significant decrease in the number of accidents and mortality in them. For example, in 2017, the death rate on roads decreased by 6% compared to 2016, and compared to 2012 - by more than 30%. At the same time, much work remains to be done in this direction, tragic cases with a large number of victims, unfortunately, are happening regularly on a regular basis. Licensing in this regard is an effective tool of the state to control and restore order in this area, ”said Sergey Ten.

The current legislation divides passenger transport by bus into regular transport and transportation on request. It already provides for licensing activities for the regular transportation of passengers by road, equipped to transport more than eight people, unless the specified activity is carried out on orders or to ensure the own needs of a legal entity or individual entrepreneur. The adopted bill amends this norm and obliges carriers to obtain a license even for transportation on order or for their own needs, which will reduce the number of abuses and reduce risks to human life and health.

- The norm should not affect the cost of travel in public transport, since regular transport, as I said, are already subject to licensing in accordance with applicable law. At the same time, this will make it possible to remove from the shadows the illegal passenger transportation market, which, neglecting the safety of our citizens, works for its own benefit. After the adoption of the bill, unscrupulous carriers performing regular transportation under the guise of custom-made transportation or transportation for their own needs will no longer be able to hide behind the norm that is difficult for practical control of Rostransnadzor, the deputy noted.

Thus, Sergey Ten said that the adoption of this bill is another step towards achieving the goals of the “Road Safety Strategy in the Russian Federation for 2018-2024,” approved in January this year. The task of the State Duma, the government of Russia, civil society is to reduce accident rate and injuries in road transport as much as possible.

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

The culprit turned out to be illegal

Early in the morning of October 5, a major accident on the road near the village of Nekrasovo, Tver Region. The Ford Transit minibus drove into the oncoming lane and at full speed flew into the LiAZ regular bus. 13 people died in an accident, including a minibus 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: traffic police of Russia in the Tver region

It soon became clear that the minibus worked illegally. “This is a private company that provides illegal passenger transport under the guise of custom-made ones,” the governor of the Tver region told reporters Igor Rudenya.

Licenses for private owners will return

Such accidents have long ceased to cause surprise. After licenses for custom and private transport 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 confirms this: in 2015, 4996 accidents occurred due to the fault of bus drivers, 5294 in 2016, 5608 in 2017. And since the beginning of 2018, 3632 accidents have already occurred in Russia. True, the data of the traffic police does not indicate the characteristics of the culprits of the accidents: whether these were illegal carriers or drivers of regular buses, is unknown.

Photo: RIA Novosti / Ramil Sitdikov

But the fact that pirated flights run on Russian roads is undeniable. The license obliges carriers to observe a lot of rules: to maintain premises for the repair and maintenance of vehicles, to conduct a medical examination of drivers before flights and to ensure that they do not violate the rules of the road, to install tachometers and GLONASS systems on buses, etc. To avoid all this, unscrupulous companies began to simply refuse licenses and make regular transportations under the guise of custom-made ones.

How to identify an illegal

I must admit: semi-legal flights in minibuses are in demand among Russians. Because they better satisfy ever-changing demand, explained the chairman of the Union of Passengers   Kirill Yankov. And the point is not even lower prices, but such carriers save on the maintenance of transport and drivers, so they can afford to dump. Minibuses are more mobile, they can ride more often and stop on demand.

“Therefore, it is necessary that control be strengthened for any carriers, regardless of their status. But this is still a problem, ”said Kirill Yankov to the Parliamentary newspaper.

At the same time, the return of licenses does not seem to the expert a panacea: “It is not a fact that having a license will guarantee control of 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 LiAZ driver did. ”

Kirill Yankov. Photo: PG / Mikhail Nilov

Passengers who are not indifferent to 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 leaves from the bus station, then there is a high probability that the company monitors compliance with all requirements regarding transport and the driver. If the bus does not leave from the bus station, it is not on the schedule, it collects passengers around the city - confidence in the quality of service is much lower, ”Kirill Yankov advised.

Unfortunately, the number of accidents caused by passenger transport drivers is still growing. This is evidenced by the statistics of the State traffic inspectorate for 7 months of this year: 3,141 accidents occurred due to the fault of bus drivers. This is 3.7% more than 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 be. In this regard, the State Duma at a plenary meeting adopted a bill that returns the previously canceled licensing of bus traffic. Its main goal is to counteract the illegal regular transportation of passengers, which are disguised as registered. The law covers buses, minibuses, urban ground electric vehicles that transport more than 8 people.

Sergey Bidonko, Deputy Chairman of the Committee on Transport and Construction, Federal Coordinator of the United Russia Party Project Safe Roads, comments on this document.

- At one time, in order to reduce the burden on the business, custom-made road transport was canceled for licensing. Carriers instantly began to leave regular routes and carry out transportation under the guise of ordered ones with all the ensuing consequences. Thus, a huge amount of traffic fell out of license control.

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

Paying attention to the problem, President of Russia Vladimir Putin on December 17, 2016 instructed the Government to urgently introduce amendments to the legislation of the Russian Federation providing for compulsory licensing of the activities of legal entities and individual entrepreneurs for all types of passenger transportation by road, including cases when such activity is carried out by order . The Transport and Construction Committee approved a government bill drafted as part of this request. Thus, the federal law on licensing, repealed in 2011, is returned 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, timely inspection. The document will oblige drivers of vehicles with a mass of more than 3.5 tons and in which more than eight passenger seats are installed to equip their vehicles with a tachograph. Failure to comply with any clause 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 believe that the adoption of this law will not affect the cost of travel in public transport.