Transporting passengers in vehicles without an official license. Fine for operating a taxi without a license
As you know, small businesses all over the world are entrusted with the function of the main driver of the economy. Russia in this case is no exception. The government and legislators are actively working to develop a regulatory framework that regulates and stimulates economic activities of this kind.
As noted in statistical reports, currently in Russia passenger transportation is also ranked among the most profitable businesses. Taxis, in turn, also belong to this industry.
Since the inception of such a service, it has enjoyed constant popularity and demand among the population. This is not surprising, because a taxi, unlike other types of public transport, will take you anywhere without any problems, while a bus or trolleybus travels only along certain routes, the versatility of which significantly detracts from their convenience. In addition, individual transportation is more comfortable for passengers.
The profitability of the type of activity in question made it attractive to people who prefer to work informally. As practice shows, the income of illegal immigrants is much higher than that of officially working in the market, because they do not have to buy licenses, and for each trip they negotiate a piece rate. As a rule, such entrepreneurs do not use meters. Moreover, almost everywhere, cars illegally used as taxis do not meet the standards imposed by the state. All this results in a negative impact on the safety of passengers.
The federal law regulating the operation of taxis in the transportation market, number 69, was introduced back in 2011. In general, in this normative act only ten articles are relevant to this type of activity. They have been amended several times.
What is the fine?
According to the law, a fine for a taxi without a valid license is levied in the amount of 5 thousand rubles. However, in different cities and localities the amount may differ significantly. For example, in the capital of the country you will have to pay 10,000 rubles for such an offense.
At the same time, if the car did not have any characteristic identification marks (it was not painted with a checker, etc.), then the citizen driving it, transporting passengers for a fee, would have to pay only 3 thousand rubles.
Moreover, in certain situations, State Traffic Inspectorate employees have the right to take license plates and evacuate the car to a impound lot.
Failure to issue a check after accepting payment from a passenger is also punishable by law with a fine of 1 thousand.
Illegal use of identification attributes characteristic of taxis entails a penalty of 5 thousand.
As you can see, the new sanctions against illegal immigrants have become much more severe. Fines have increased several times.
How to avoid fines
Currently, there is only one way to avoid falling into the category of offenders - strictly follow the requirements of the law. Thus, a private carrier will need:
- register as an entrepreneur;
- buy a permit (license);
- equip your car with all the necessary accessories.
In this case, it is best to choose a simplified tax system. All procedures will not take much time and will require expenses in the amount of 20,000 to 30,000 rubles.
Procedure for obtaining a license
The permit is issued by the transport department at your place of residence. You need to have the following with you:
- papers confirming ownership of the car;
- registration certificate;
- Russian passport;
- two copies of the above papers.
Your case will be reviewed within a month. If the decision is positive, a license is issued, the validity of which is five years. This permit must contain:
- vehicle data;
- Owner's full name;
- date of registration;
- serial number.
How much does a license cost? It will cost 5, maximum 10,000 rubles, depending on the region of the country. They pay the most in Moscow.
Taxi requirements
To ensure you receive a license:
- the vehicle that you plan to use for private transportation must be brought into proper condition;
- The driver's driving experience cannot be less than 5 years.
The machine is supplied with:
- distinctive markings confirming that it belongs to a taxi;
- light beacon with “checkers”;
- counter.
Without such attributes, the car will not be considered a taxi, and you will have to forget about the license.
In this case, the luminous special flashlight must be either orange or yellow. It is attached using a magnet directly to the roof of the car. This option allows you to easily remove it if necessary.
It is also allowed to indicate company attributes on the body, including the telephone number of the dispatch service.
At the same time, cars used as taxis are required to undergo technical inspection every six months.
According to domestic legislation, transporting passengers without a license may result in fines. Their size depends on several factors, including the type of vehicle, the person (legal or individual), and the length of time driving without proper documentation.
Note! To obtain a license, an organization specializing in the transportation of people must have several vehicles, specialized drivers and maintenance personnel in its fleet. In addition, a full set of documents is submitted to the governing bodies as evidence of compliance with the requirements.
Legal driving conditions
Both a private organization and an individual are required to comply with the following requirements:
- The carrier must have a license allowing it to conduct activities related to passenger transportation. To register, you must contact the relevant Federal Transport Supervision Service. There is a branch of the organization in each region, so finding it will not be difficult.
- Transportation carried out under the pre-order scheme is carried out only subject to the preparation of a charter agreement. The parties are passengers and the organizer of transportation. As an exception, we can highlight passenger cars operating under the taxi scheme. In this case, the charter agreement is concluded exclusively orally.
- If the carrier plans to operate on a regular basis, when contacting the relevant authority, it is necessary to submit a route approval for verification. It is discussed with representatives of the Department of Transport, whose employees issue this document. After successful approval, the vehicle will receive a number, and the driver, in turn, will receive a route map. The latter determines the time of departure from “point A”, the time of arrival at the intermediate point (their number is indicated in the route map), as well as the time of arrival at the final “point B”.
The driver receives information about potentially dangerous places along the trip route, the location of rest and food outlets, gas stations and hospitals.
Note! To transport passengers, it is necessary to comply with the established requirements imposed by the relevant legislation of the Russian Federation.
It is also worth noting that during licensing, individuals will not be able to obtain a permit. Citizens must obtain the status of an individual entrepreneur in order to provide their services without problems in the future.
If at least one of the specified conditions is not met, this leads to the recognition of the transportation as illegal. In this case, the person will be punished.
What are the consequences
The state government is doing everything possible to simplify the scheme for legalizing regular and registered transportation, which is based on increasing the amount of fines. In 2016, a bill was submitted for consideration that would increase the amount of fines. However, now no one knows when it will be implemented in practice.
If, after imposing a fine, an individual or legal entity does not answer for the actions committed, the state applies penalties in the form of confiscation of the car. This measure has been working in the Code of Administrative Offenses for a long time and is used very often.
But even if this did not help, and the private organization continues to engage in illegal activities, the company may be restricted not only from carrying out passenger transportation, but will also not be allowed to engage in other types of activities. The relevant authorities will conduct a comprehensive inspection, within the framework of which a temporary suspension of activities with mandatory freezing of bank accounts is possible.
Passengers
Due to the fact that citizens cannot see the difference between legal and illegal carriers, illegal transportation of passengers has less severe consequences for the latter. For example, the client may not receive the comprehensive service provided for in the charter agreement. Accordingly, people cannot move further and get to the place they need.
Delivery delays may also occur. This aspect is very relevant when using carriers who work on a regular basis, traveling along a specific route.
Passengers have the opportunity to seek compensation for material and moral damage caused. Violation of cargo transportation rules may result in harm to human health.
Note! By entering into a fictitious rental agreement, the transport company cannot be held liable for delivering people. Accordingly, if the document contains clauses according to which payment of compensation is provided, it will be impossible to receive it in practice.
Amounts of fines
So what is the fine provided by law? Below we suggest you familiarize yourself with the lists:
- buses: for an individual – from 5 to 50 thousand rubles, for a legal entity – from 100 thousand to 1,000,000 rubles;
- taxi: for an individual – from 5 to 50 thousand rubles, for a legal entity – from 100 to 400 thousand rubles;
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Many car owners use their own passenger vehicles as a means of primary or additional income, engaging in private transportation on a temporary or permanent basis. Today, in any city there are many so-called bombilas that offer taxi services illegally. Despite the fact that this is a business activity, only a small percentage of drivers prefer to register themselves as individual entrepreneurs and obtain a license to provide taxi services.
Meanwhile, since 2012, the legislation has provided for administrative punishment for illegal private transportation in the amount of 10 to 30 thousand rubles, depending on the city. In addition to paying a fine, you may also face removal of license plates or an official ban on using your vehicle. It follows from this that for a driver who wants to earn money or earn extra money as a private driver, it will be more profitable, easier and safer to do this on a legal basis.
How can you legalize your activities providing taxi services?
If you have your own car, and from time to time you give rides to fellow travelers on a one-time basis rather than on an ongoing basis, then this does not require you to take any measures to legitimize your activities. But if you work as a taxi driver in your own car in the evenings or on weekends, earning a certain amount of money, then this requires you to register. To legalize your activities, you can go in two ways:
- Register as an individual entrepreneur (IP). It does not take much time and does not require large financial expenses. By becoming an individual entrepreneur, you will largely protect yourself and your income. After all, illegal private transportation is subject to not only fines from the traffic police, but also sanctions from the tax service. Like any activity aimed at making a profit, taxi services are a business activity, therefore, they require the transfer of part of your profit to the state. If you are caught in illegal business activities, it can cause a double blow to your pocket. Therefore, in fact, it is more profitable to legalize your activity in both ways: by becoming a legal private cab driver with a valid license. Obtaining a license is much cheaper than paying double fines to the tax and traffic police. Its cost today averages 5-10 thousand rubles, which is obviously more profitable and will allow you to avoid other problems associated with your work.
- Get a job in a taxi service that has the right to provide private transportation. There are probably at least several companies in your city that provide taxi services to the population, and almost each of them seeks to expand the territory of their work by inviting new taxi drivers with their own cars. Having a license from such a company will give you peace of mind. A good and responsible entrepreneur will tell you what conditions must be met while working in a taxi in order not to receive regular fines from the traffic police.
There are several rules and conditions that must be observed to engage in private transportation. They relate to both the appearance of the car and the conditions inside the car. Here are the main ones:
- the car must have identification marks (lights and checkered marks), indicating that the car is suitable for private transportation;
- the transport is painted in a color characteristic of taxis;
- an electronic taximeter is installed in the car;
- in the passenger compartment, within reach of the passenger, there is information about the rules for the provision of taxi services - the rules for transporting passengers;
- the driver has a check machine or a checkbook with which the passenger can receive a receipt for payment for the service;
- Seat belts are mandatory for all passengers, including those in the rear seats;
- To transport children under 12 years of age, a special car seat must be provided.
You can independently provide yourself with these attributes of a legal private cab driver or obtain them as an employee of another company that provides taxi services. Having a license gives each driver certain advantages. So, it would be a good idea to ask your management with whom you work to pay for car repairs or partially reimburse services for inspection and maintenance at a car service center. In case of disputes and complaints from customers, you can receive protection from regulatory authorities.
Important! Even if you are not an individual entrepreneur, but work for a legal entity that is registered as an individual entrepreneur, you still need to obtain a license to provide taxi services.
How to obtain a license to provide private transportation services
To do this, you need to contact the Ministry of Transport or the local city (district) administration for information and a corresponding application. Along with it, you must submit a package of the following documents:
- a document confirming your ownership of the car (copy);
- a copy of your passport and/or driver's license;
- power of attorney for a car if you are not its full owner.
Once your application is accepted and reviewed, you will be issued a license valid for up to 5 years. It will contain the following information:
- your personal data (full name, passport details);
- vehicle information;
- name of the organization that issued the license;
- information about the company on whose behalf you provide taxi services;
- driver's individual number;
- date of license issue.
It should be remembered that not every car owner can obtain a license to engage in frequent driving. To do this, the driver and his car must meet certain requirements and criteria:
- driver experience of 5 years or more;
- the presence of a lampshade with checkers;
- car markings in the form of characteristic squares;
- availability of a taximeter.
What benefits do you have if you receive an official license for private carriage?
At first glance, it may seem that officially registering your car and yourself as a taxi driver is troublesome and unprofitable, but in reality you receive certain advantages and bonuses. You no longer have to fear fines from regulatory authorities if your car meets the mandatory requirements (see above). Official private cab drivers are highly trusted by large organizations, which prefer to order cars to transport clients, partners and employees as part of transfer services to airports, etc. And this is always a guaranteed regular income, often at an increased rate.
You will be able to defend your rights legally when you are presented with illegal claims from “bombs” who do not want additional competition. Their actions, unlike yours, will be illegal and may result in administrative (or even criminal) penalties. In cases of outright “assaults” and moral pressure, you will be able to enlist the support of law enforcement agencies. Illegal cab drivers are always deprived of this opportunity.
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Gaganov Alexander Andreevich - expert at the Center for Scientific Political Thought and Ideology, Ph.D.
Article by Gaganov A.A. “Legal aspects of combating the illegal transportation of passengers and luggage by passenger vehicles. Some issues of legal regulation of passenger taxi transportation" was published in the journal "Administrative and Municipal Law", 2015, No. 3. pp. 256 - 262. Links to legislation are provided as of the end of 2014.
Fight with illegal transportation in large cities of Russia led to the adoption of a number of special normative legal acts in this area, including amendments to the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation). However, the insufficient clarity of the definition of the concept of transportation by passenger taxi, the lack of uniform judicial practice raises questions in the delimitation of administrative offenses in the field of transport (Chapter 11 of the Code of Administrative Offenses of the Russian Federation), road traffic (Chapter 12) and business activity (Chapter 14). Federal Law No. 69-FZ of April 21, 2011 “On Amendments to Certain Legislative Acts of the Russian Federation,” the so-called taxi law, has a complex structure and several subjects of regulation, which significantly complicates its application.
In this article, we will look at the elements of administrative offenses related to the transportation of passenger taxis, highlight some of the problems of differentiating offenses and bringing to administrative responsibility for the relevant offenses, and propose ways to solve them.
WHAT IS A LEGAL TAXI DRIVER RESPONSIBLE FOR, AND WHAT IS AN ILLEGAL TAXI DRIVER RESPONSIBLE FOR?
Administrative offenses that provide for the liability of drivers of passenger taxis, as well as individual entrepreneurs and legal entities engaged in the transportation of passengers and luggage by passenger taxis, are enshrined in Chapter 11 of the Code of Administrative Offenses of the Russian Federation (offenses in transport) and Chapter 12 of the Code of Administrative Offenses of the Russian Federation (offenses in the field of traffic). .
Chapter 12 of the Code of Administrative Offenses of the Russian Federation provides for five articles related to passenger taxis. However, only two of them establish the responsibility of a special subject - the driver of a passenger taxi (who has received the appropriate permit for transportation). These are such trains as driving a passenger taxi that has not passed technical inspection (Part 2 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation), and transporting passengers and luggage by a driver who does not have a permit to carry out the activities of transporting passengers and luggage by passenger taxi (Part 2.1 Article 12.3 of the Code of Administrative Offenses of the Russian Federation).
The second group of offenses in Chapter 12 provides for liability for the illegal use of insignia of a passenger taxi: illegal installation of a passenger taxi identification light on a vehicle (Part 2 of Article 12.4 of the Code of Administrative Offenses of the Russian Federation); illegal application of the color scheme of a passenger taxi on the external surfaces of a vehicle (Part 3 of Article 12.4 of the Code of Administrative Offenses of the Russian Federation). These actions are illegal if the vehicle does not have a permit for use as a passenger taxi. For these two offenses, a fine is provided for both citizens and officials and legal entities.
Two more offenses in this group of offenses provide for the prohibition of operating a vehicle and the imposition of a fine on the driver: driving a vehicle on which an identification light of a passenger taxi is illegally installed (Part 4.1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation); driving a vehicle on which the color scheme of a passenger taxi is illegally applied (Part 7 of Article 12.5).
The third group of offenses (Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation) provides for liability for violation of the requirements for ensuring the safety of transportation of passengers and luggage by road (including passenger taxis): violation of professional and qualification requirements for passenger taxi drivers (a fine is imposed on officials and legal entities ); violation of requirements for pre-trip and post-trip medical examinations of drivers; violation of the requirements for pre-trip inspection of the technical condition of a vehicle (the fine is established for both citizens and officials and legal entities).
Chapter 11 of the Code of Administrative Offenses of the Russian Federation provides for one article concerning violation of the rules for transporting passengers and luggage by passenger taxi (Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation). This article was introduced by Federal Law No. 69-FZ of April 21, 2011 and provides for administrative liability for violation of the requirements for the transportation of passengers and luggage by passenger taxis established by the said Federal Law, as well as the Rules for the transportation of passengers and luggage by road transport and urban ground electric transport, approved Decree of the Government of the Russian Federation dated February 14, 2009 No. 112 (hereinafter referred to as the Transportation Rules). In particular, an administrative fine is imposed on a driver, official or legal entity for the following offenses: lack of information provided for by the Transportation Rules in the cabin of a passenger taxi; failure to issue the passenger with a cash receipt or a receipt in the form of a strict reporting form; the absence on the vehicle used for the provision of services for the transportation of passengers and luggage, the color graphic scheme of a passenger taxi and (or) an identification lamp on the roof of the specified vehicle.
TO illegal transportation Article 14.1 of the Code of Administrative Offenses of the Russian Federation, which provides for the responsibility of a citizen for carrying out business activities without state registration or without a special permit (license), may also be applicable.
Based on the distribution of offenses according to the chapters of the Code of Administrative Offenses of the Russian Federation, it can be assumed that the objects of offenses committed by drivers of passenger taxis may be: transport rules, road safety. Drivers engaged in private transportation without the appropriate permit may commit offenses in the field of traffic and business activities.
It is noteworthy that some circumstances are reflected in both Chapter 11 and Chapter 12 of the Code of Administrative Offenses of the Russian Federation. Thus, the requirement to install an identification lamp on the roof of a passenger taxi and apply a special color scheme on the side surfaces of the passenger taxi body is established by Federal Law No. 69-FZ of April 21, 2011 and the Transportation Rules. This requirement is justified by Federal Law, including the purposes of ensuring passenger safety. Therefore, liability for violation of this requirement is established in Chapter 11 of the Code of Administrative Offenses of the Russian Federation in a special article on violation of the rules for transporting passengers and luggage by taxi (Article 11.14.1): this refers to the situation when a vehicle, in accordance with a transportation permit, is used as passenger taxi, but does not have the required identification marks.
In Chapter 12, this circumstance is considered in a situation where the “insignia” of a passenger taxi is applied to the vehicle illegally: if the vehicle has not been issued a permit to transport passengers and luggage. In this case, liability arises both for illegally applying a color scheme and installing an identification lamp, and for driving a vehicle with illegal “insignia.” The latter action forms an independent offense, because the operation of such a vehicle is prohibited.
Noteworthy is the absence in Article 11.14.1 of administrative liability for violation of the requirement of compliance with the established color schemes of the body, if such a requirement is established by the laws of the constituent entities of the Federation. Apparently, this is due to the fact that in such cases liability may be provided for by the law of the corresponding subject of the Federation. It can be assumed that if the law of a subject of the Russian Federation establishes a mandatory color scheme for the body of a passenger taxi, then the by-laws of the subject of the Russian Federation (administrative regulations or the procedure for issuing permits for transportation) will contain a rule on the consequences of non-compliance with this requirement (for example, refusal to accept documents for issuing permits for vehicles of the wrong color). Thus, Moscow City Law No. 22 of June 11, 2008 “On Passenger Taxi in the City of Moscow” introduced the requirement for a yellow color scheme for the body of a passenger taxi (Article 2.1, introduced by Moscow City Law No. 24 of May 22, 2013). According to clause 2.8.1 of the Moscow Government Decree dated June 28, 2011 No. 278-PP “On measures to implement the Federal Law dated April 21, 2011 No. 69-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” there is a discrepancy in the color scheme of the vehicle body is grounds for refusal to accept documents. This means that in Moscow there cannot be a taxi of any color other than yellow (unless a taxi permit was obtained before 2013).
Chapter 12 includes an article on violations of the safety requirements for the transportation of passengers and luggage, cargo by road transport and urban ground electric transport (Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation), which undoubtedly applies to passenger taxis as a type of road transport. Requirements for the qualifications of taxi drivers, for conducting pre-trip medical examinations and monitoring the technical condition of passenger taxis before being released onto the line are established by Federal Law No. 69-FZ of April 21, 2011. The general requirement for the need to conduct pre-trip medical and technical examinations is established by Federal Law of December 10, 1995 No. 196-FZ “On Road Safety” (Article 20). Considering that compliance or non-compliance with these requirements directly affects road safety, the inclusion of the corresponding article in Chapter 12 of the Code of Administrative Offenses of the Russian Federation is justified.
IS THERE AN EFFECT FROM THE TAXI LAW?
How the legal measures taken legally contribute or do not contribute to counteractionillegal transportation?
Let us consider the definition of the concept of “taxi” introduced in regulatory legal acts. Federal Law No. 69-FZ of April 21, 2011, although informally called the taxi law, does not contain a definition of the concept of taxi. There is no definition of the concept of taxi in other federal laws. The concept of “passenger taxi” is enshrined in the Transportation Rules (clause 2), approved by a decree of the Government of the Russian Federation, that is, a by-law. A passenger taxi is a vehicle of category “M1” used for the transport of passengers and luggage in accordance with a public charter agreement.
The Moscow City Law of June 11, 2008 No. 22 “On passenger taxis in the city of Moscow” gives another definition of the concept of “passenger taxi”: these are passenger cars intended for taxi transportation (Part 1 of Article 1). In accordance with the Law, taxi transportation is the activity of transporting passengers and their luggage by passenger taxi. It is not difficult to understand that these definitions are essentially not such definitions due to the presence of a logical error - a circle in the definition.
Against the background of the Moscow definition of the concept of a passenger taxi, the federal definition looks more understandable and correct. Although, in our opinion, the definition of the concept of “taxi” should include features arising from the semantic meaning of the word “taxi”, namely, the use of a tax (precisely set price) for a certain time or distance of travel, or a fixed tax as a determining factor in the formation cost of the trip. It is also important that this rate is set by the carrier, and not by the state.
At the center of the definition of a passenger taxi is the public charter agreement. Article 787 of the Civil Code of the Russian Federation (part two) is devoted to the charter agreement: under a charter agreement (charter), one party (charterer) undertakes to provide the other party (charterer) for a fee with all or part of the capacity of one or more vehicles for one or more voyages for the transportation of goods , passengers and luggage. This agreement relates to contracts of carriage (Chapter 40, Part Two of the Civil Code of the Russian Federation). Article 787 of the Civil Code of the Russian Federation contains a reference to transport charters that determine the procedure for concluding such contracts. This procedure is enshrined in Chapter 5 of the Federal Law of November 8, 2007 No. 259-FZ “Charter of Road Transport and Urban Ground Electric Transport”.
An important characteristic of a charter agreement for passenger taxi transportation is its publicity. The features of a public contract are established by Article 426 of the Civil Code of the Russian Federation. A public contract is an agreement concluded by a commercial organization and establishing its obligations to provide services that such an organization, by the nature of its activities, must provide to everyone who applies to it. The price of services, as well as other terms of the public contract, are established the same for all consumers. A commercial organization's refusal to enter into a public contract if it has the opportunity to provide the consumer with the appropriate services is not allowed.
It is the publicity of the charter agreement that distinguishes a passenger taxi from an illegal cab. It is clear that when transporting passengers by a driver who does not have the appropriate permit, an agreement is also concluded, usually verbally. However, such a driver has the right to decide for himself with whom he will enter into an agreement and who he will refuse. The price of the contract is also determined by agreement of the parties, and either party may refuse to enter into the contract if the price is not satisfactory.
Some Internet sites provide recommendations to drivers who transport passengers and luggage without appropriate permission on how to avoid liability for illegal transportation. In particular, it is proposed to conclude a written rental agreement for the vehicle with the crew. Under a lease agreement (chartering for a time) of a vehicle with a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use and provides its own services for its management and technical operation (Article 632 of the Civil Code of the Russian Federation).
In general terms, a lease agreement for a vehicle with a crew and a charter agreement differ in the subject matter of the agreement. The subject of a lease agreement (including a vehicle charter agreement) is the provision of certain property (vehicle) for the temporary possession and use of the lessee. The subject of the charter (carriage) agreement is the delivery of passengers, cargo, mail and luggage to their destination. Obviously, the main goal of the user of taxi services, legal or not, is one: to deliver himself and his luggage from point A to point B. If a car is rented with a driver for a while (of course, there are such cases and, accordingly, contracts ), then time is an essential term of the contract and payment should depend on time. This type of contract should also be distinguished from a contract for the carriage of passengers and luggage by order, which must also be concluded in writing. The rules for the carriage of passengers and baggage on order are established by Section III of the Rules of Transportation. Responsibility for violation of these rules is provided for in Article 11.14.2 of the Code of Administrative Offenses of the Russian Federation.
In our opinion, the conclusion of a written lease agreement for a vehicle with a crew when transporting passengers by a driver who does not have the appropriate permission, in some cases, can be regarded as a sham transaction (Part 2 of Article 170 of the Civil Code of the Russian Federation), that is, a transaction that was made to cover up another deal. Such a deal is worthless.
One way or another, the charter agreement concluded when transporting passengers by passenger taxi can be replaced by transportation on order, or a rental agreement for a vehicle with a crew, or other contractual schemes. However, in essence, a non-public charter agreement is no longer a contract of carriage concluded by a passenger taxi. The question is what responsibility are those who invent contracts to cover up illegal transportation trying to avoid?
At first glance, the answer is obvious: this is the responsibility provided for in Part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation. Part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation establishes a fine of 5,000 rubles for the transportation of passengers and luggage by a driver who does not have the appropriate permit. The fine is ten times higher than the sanctions for similar offenses, for example, if the driver forgot to take a license card, waybill, insurance policy, car registration documents or even a driver's license. Moreover, there are proposals to increase the amount of the fine under Part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation precisely in order to combat illegal transportation (see Resolution of the International Eurasian Forum “Taxi”, August 8-9, 2013, St. Petersburg). Both the increased fine and proposals for its further increase to combat illegal transportation indicate that the legislator believes that this norm should be applied in the case of transporting passengers in a passenger vehicle for which the appropriate permit has not been obtained.
However, judicial practice follows a different path, and this is due to the imperfect formulation of part 2.1 of article 12.3 of the Code of Administrative Offenses of the Russian Federation. Thus, in the resolution of the Supreme Court of the Russian Federation dated October 23, 2013 No. 18-AD13-30, the composition of this offense is interpreted as follows: “The objective side of the composition of the administrative offense provided for in Part 2.1 of Article 12.3 of the Code of the Russian Federation on Administrative Offenses, as follows from the literal interpretation of this norm , is expressed in the transportation of passengers and luggage by a passenger vehicle used to provide services for the transportation of passengers and luggage, by a driver who does not have a previously obtained permission in the prescribed manner to carry out activities for the transportation of passengers and luggage by passenger taxi.” On this basis, the Court considers it obligatory for the correct qualification of the act to establish the fact of obtaining permission to carry out the activity of transporting passengers and luggage by passenger taxi. If such permission is not received, in the opinion of the court, the activity of transporting passengers and luggage is qualified under Part 2 of Article 14.1 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for carrying out business activities without a special permit (license), if such a permit (license) is required (obligatory). In addition, Part 1 of Article 14.1 of the Code of Administrative Offenses of the Russian Federation may also be applicable here in the case of carrying out business activities without state registration as an individual entrepreneur or legal entity. However, in order to be held accountable under these articles of the Code of Administrative Offenses of the Russian Federation, it will be necessary to prove that the activity of transporting passengers is systematic in nature and is intended to make a profit (in accordance with the definition of business activity described in Part 1 of Article 2 of the Civil Code of the Russian Federation).
HOW TO IMPROVE THE LAW?
An important issue is achieving the goals of legal regulation of the transportation of passengers and luggage by passenger taxi. Substantial requirements have been established for passenger taxis and increased liability for their violations. It is possible that some requirements and fines are even too high. All this, on the one hand, ensures the safety of passengers, who receive more guarantees to use high-quality transportation services - qualified drivers in serviceable vehicles. But on the other hand, this complicates the work of legal carriers and reduces their profitability. Strengthening government regulation and control in the passenger taxi industry has already led to the departure of many legal carriers from the market. If the measures introduced by the state entail an increase in the costs of carriers, it is logical to assume that tariffs for transportation by passenger taxis will also increase. If the prices of illegal taxi drivers remain lower, citizens will continue to use their services and will avoid legal taxis. At the moment, the goals of strengthening legal regulation of the sphere of transportation by passenger taxis have not been achieved (this is also stated in the Resolution of the International Eurasian Forum “Taxi”, August 8-9, 2013, St. Petersburg), and only administrative measures can solve the problem of illegal transportation, apparently, will not be possible.
Thus, the economic aspect in solving the problem illegal transportation it is necessary to take into account and take a comprehensive approach to the issue of improving legislation in this area.
Legislative initiatives have already appeared that provide for economic methods to improve the situation of legal taxis, as well as to help illegal carriers “come out of the shadows” (for example, bill No. 564236–5). Such measures, in particular, include: reducing the amount of contributions to the pension fund for individual entrepreneurs, tax breaks, introducing a system of working in a taxi for individuals without registration as an individual entrepreneur on the basis of a state patent, and others. Some of these measures will require federal spending.
If we talk about measures that do not require budgetary funding, including measures of a legal and technical nature, then the following can be proposed to improve legislation in the field of passenger taxi transportation, as well as to combat illegal transportation.
1. Considering the lack of comprehensive and consistent legal regulation of the sphere of passenger transportation by passenger taxis, as well as the imperfect structure and content of the Federal Law of April 21, 2011 No. 69-FZ, we consider it necessary to adopt a new federal law with a clear subject of regulation - passenger taxis.
2. It is necessary to consolidate the concept of “passenger taxi” in federal law, including in it the specific distinctive characteristics of a taxi (principles for forming the price of a transportation contract).
3. The wording of Part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation should be specified so that it is applicable to drivers transporting passengers and luggage and who have not received the appropriate permit.
4. It is necessary to amend Article 9 of Federal Law No. 69-FZ of April 21, 2011, providing for the right not only of employees of the state road safety inspection, but also of all officials of internal affairs bodies (police) to demand the presentation of permission to transport passengers by taxi . This would be logical, because they are authorized to draw up protocols of administrative offenses provided for in Part 2.1 of Article 12.3 and Article 14.1 of the Code of Administrative Offenses of the Russian Federation.
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They want to increase the fine for an illegal taxi without a license in 2018 compared to previous years. And if “businessmen” repeatedly violate passenger transportation standards, confiscation of a driver’s license for up to six months will be added to the financial sanctions.
Cases of detaining motorists who unofficially earn extra money as a private cab driver have become more frequent, and people have “bombed” them. Citizens, instead of finding a job, following the letter of the law, prefer unofficial activities that do not require registration and are not recorded in the work book. The advantage is supposedly that there is no need to adapt to the schedule and “correct” communication with the employer, share earnings, keeping the entire proceeds for yourself without paying interest to the “owner” and taxes to the state.
What law regulates the rules and procedure for transporting passengers and luggage by taxi? What are the penalties for violating the rules for transporting passengers by taxi? What kind of liability and fines are provided for private transportation without a license in 2018? What new law on taxis do they want to pass and how are they planning to increase fines for transporting passengers in taxis without a license? We will answer these questions in this article.
How are the carrier-passenger relations regulated?
In January 2009, the highest collegial executive body in the Russian Federation issued Resolution No. 112 on the Rules governing the transportation of passengers and luggage by passenger taxis. The nature of liability for failure to follow the Rules is enshrined in Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation and in the Federal Law of April 21, 2011 No. 69-FZ “On Amendments to Certain Legislative Acts of the Russian Federation.”
Thus, the article provides for fines in a number of ways:
- inside the car there is no information specified in the Rules;
- Passengers are not issued either a cash receipt or a BSO receipt;
- there is no checkered color scheme on the body and/or an orange lighting device on the car “roof”, indicating readiness to move people and luggage.
Experts also recommend familiarizing yourself with Federal Law No. 34-FZ of April 23, 2012, which amends certain regulations of the Russian Federation in terms of improving state regulation of passenger and baggage transportation in passenger taxis.
Penalty for private transportation without a license
Since 2012, illegal taxi drivers have been fined up to 5,000 rubles, but in federal cities the fines could reach 10,000 rubles. According to bill No. 472515-6 in 2018, legislators are ready to fine each violator by 30,000 rubles. For a repeated offense, in addition to paying an administrative fine, the offender will have to say goodbye to his driver’s license for a period of 3 to 6 months. A dispatcher who transfers an order to a taxi driver without a license will pay 45,000 rubles. Moreover, depending on the specific subject of the Russian Federation, the amounts may vary.
There are circumstances that aggravate the situation of the offenders, for example, the lack of identification marks - the amount of the monetary penalty will be 3,000 rubles. And the illegal use of identification marks in 2018, such as “checkered” or the signal colors of a passenger taxi, will be punishable by sanctions in the amount of 5,000 rubles. For failure to issue a check, the passenger will have to pay a fine of 1,000 rubles.
Example
Citizen D. was engaged in illegal transportation of passengers in his personal car. The traffic police officer who stopped the citizen discovered that the car had identification marks (lantern), but the car was not painted in the established color, the transportation rules were not posted in the car interior, there was no taximeter, and in addition, the passenger had not been given a receipt for the fare. According to current legislation, citizen D. will have to pay a significant fine for:
- lack of information in the car interior about the rules for transporting passengers - 1,000 rubles;
- failure to issue a receipt confirming payment for travel - 1,000 rubles;
- lack of permission to carry out transportation activities - 5,000 rubles;
- illegal installation of a taxi light - 5,000 rubles. (according to Part 3 of Article 12.4 of the Administrative Code).
Passenger cars used to transport individuals must be equipped with a taximeter, identification marks and painted in a certain color. The rest of the rules establishing the carrier's responsibility to passengers remain unchanged for now.
How to avoid punishment?
In order not to violate the law, they undergo the procedure of obtaining the appropriate license. To do this, contact the local authorities of the Ministry of Transport, having with you a package of documents: papers for the car and the main identification document (originals, copies). Having received a license and legalized his activities, the taxi driver ceases to be a violator and is no longer liable for adverse consequences with fines. Also, the motorist will need to have at least 3 years of driving experience and registration as an individual entrepreneur.
By the way, in order to register an individual entrepreneur in 2017, Russians will have to face fewer difficulties if they choose the simplified tax system. Firstly, the procedure for obtaining such status will look simpler, and secondly, the taxation system created specifically for small businesses will be more lenient on a businessman’s income due to the interest rate not being as high as other systems. A pleasant addition when choosing this system will also be the ability of an individual entrepreneur to reduce the amount of tax on insurance premiums.