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

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

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

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

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

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 Thus, the federal law on licensing, repealed in 2011, returns to the legislative field.

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

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

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The State Duma obliged to license bus transportation

The State Duma adopted in the third, final reading a law banning bus transportation without a license. Within 120 days from the date of entry into force of the law, all legal entities and individual entrepreneurs engaged in the transportation 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.

The innovations relate to vehicles with a maximum authorized mass of more than 3.5 tons and more than eight seats. The law will not affect vehicles of the fire brigade, ambulance, police, emergency services, military automobile inspection, the Federal Security Service, the FSO, the Armed Forces, the National Guard, the Investigative Committee, as well as transportation without the use of public roads.

It was decided to tighten the requirements for intercity bus transportation in 2017 after a number of major accidents. The most common causes of accidents were then named as overworking of drivers and violations of those responsible for safety at transport enterprises. Licensing will help keep track of such cases. In addition, this procedure will allow to suspend the activities of violating carriers, and not just write them a fine.

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

Also, all vehicles must be equipped with tachographs.

According to the press service of 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 ground electric transport” and “On protection of rights legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”.

- The main goal of the law is to qualitatively improve road safety, given that passenger transportation, unfortunately, is one of the most sensitive areas in this regard. In recent years, we have seen a significant decrease in the number of road accidents and deaths in them. For example, in 2017, the death rate on the roads decreased by 6% compared to 2016, and by more than 30% compared to 2012. At the same time, there is still a lot of work to be done in this direction, tragic cases with a large number of victims so far, unfortunately, happen regularly. Licensing in this regard is an effective tool of the state to control and restore order in this area, - Sergey Ten noted.

The current legislation divides the transportation of passengers by buses into regular transportation and transportation on request. It already provides for the licensing of activities for the implementation of regular transportation of passengers by motor vehicles equipped for the transportation of more than eight people, except for cases when the specified activity is carried out on orders or to meet the own needs of a legal entity or individual entrepreneur. The adopted bill amends this provision 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 people's life and health.

- The norm should not affect the cost of travel in public transport, since regular transportation, as I said, is already subject to licensing in accordance with applicable law. At the same time, this will help bring the illegal market out of the shadows. passenger traffic who, neglecting the safety of our citizens, works for his own benefit. After the adoption of the bill, unscrupulous carriers carrying out regular transportation under the guise of charter transportation or transportation for their own needs will no longer be able to hide behind a norm that is difficult for the practical control of Rostransnadzor, the deputy noted.

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

The State Council of Udmurtia submitted to the State Duma a bill on the administrative responsibility of the carrier for sending the same vehicle used to transport passengers and luggage 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 recently the problem of accidents has become much worse in the country as a result of mass transportation, a significant part of which is carried out under the guise of custom.

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

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 of Activities” (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 carriage 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”).

How are payments to an employee for using his personal car for official purposes in the absence of a lease agreement taken into account for the purposes of taxing the profits of organizations and personal income tax? The answer to this and other questions can be found in "Baze of legal consulting" Internet version of the GARANT system. Get full access for 3 days for free!

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.

© NPP GARANT-SERVICE LLC, 2017. The GARANT system has been produced since 1990. Garant Company and its partners are members of the Russian Association of Legal Information GARANT.

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;

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.

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

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

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

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

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

For passenger

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

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

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

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

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

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

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

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

For passenger intercity transportation by minibus, see the page.

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

Fine for illegal transportation of passengers

The law establishes certain requirements for taxis, including the obligation to carry passengers only with an appropriate license. Such 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 water sports 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?

At the moment, for an illegal taxi without an appropriate license, a fine of 5 thousand rubles is applied. 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 the money, did not issue a cash document confirming the 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.