Illegal transportation: will not work again. Transportation of passengers in transport without an official license

13.03.2022

Illegal passenger traffic is a serious problem in Russian cities. The usual picture: near the metro there are outdated buses that smoke like steam locomotives, and look like they will fall apart right on the go. Their drivers, often from neighboring countries, do not undergo a medical examination and sometimes have only a remote idea of ​​the rules of the road. It is not safe to think about the safety of such carriers. But the main thing for the authorities is that not a penny comes to the city and state treasury from such flights. All these factors prompted the Moscow government to take decisive action.

From October 1, the life of illegal carriers in Moscow should become unbearable - this is what Dmitry Savchenko, Deputy Head of the Department of Transport and Road Infrastructure Development of Moscow, said during a specially assembled press conference "Fight against illegal transportation". Commenting on the current situation, the official noted that out of 3,000 intercity buses arriving in Moscow daily, more than 60% operate illegally or with violations. They drive on uncoordinated routes, drop off passengers and park where they want. At the same time complicating the traffic situation and violating safety requirements.

However, according to existing legislation, only regular interregional routes are subject to mandatory approval and control. And unscrupulous carriers, trying to save money and evade responsibility, operate their flights under the guise of "custom-made". At the same time, they can safely circumvent environmental regulations and work without a license and technical control.

The official also noted that this year the number of accidents involving buses increased by 12%. And only in 2012, 164 people died in such accidents, which is 34% more than in the same period last year. Mostly buses of illegal carriers get into accidents, the drivers of which do not pass the pre-trip inspection, and the rolling stock is technical.

To combat illegal carriers, a special body was created - the GKU "Organizer of Transportation", whose employees, according to the head of the GKU department A. Konovalov, together with various law enforcement agencies, conducted more than 500 raids this year to identify violations in the field of passenger transportation. The activities of 23 carrier companies were terminated, and the amount of fines issued exceeded 57 million rubles.

However, the turnover of illegal transportation amounts to billions of rubles a year, and in order to fight them effectively, it is necessary to change the legislative framework.

So, as early as October this year, amendments to the Code of Administrative Offenses may be adopted, tightening the parking rules for buses. And most importantly, changes will be made to Federal Law No. 259, which regulates passenger transportation. When performing chartered transportation, the fare factor will be excluded, and the carrier will be obliged to conclude a charter agreement with the client. This means that the driver will no longer have the right to demand fare money directly from passengers.

But how to distinguish a legal conscientious carrier that guarantees safe and comfortable travel from an illegal one? Here, a new program for the regulation of interregional transportation, designed for the end of 2012 - 2013, will come to the aid of passengers. Tenders will be held in all directions of transportation, according to the results of which contracts will be concluded with companies ready to fulfill the requirements of the Moscow Government. Buses on such routes will have the appropriate coloring, content and interior. All of them will also have, and drivers will receive uniforms.

The Moscow Government is going to at least double the number of bus stations and specially equipped bus stations at transport hubs. By 2014, it is planned to commission 16 such facilities.

It is also planned to introduce a single payment document, which would exclude the possibility of paying the fare directly to the driver. In this case, the carrier company will not care how many passengers it carries, since it will receive payment from the city under the contract for 1 km of the route. And it will immediately become clear to the passenger: the driver demanded money from him, which means that he works illegally.

In conclusion, Dmitry Savchenko admitted that it is impossible to completely eradicate such a phenomenon as illegal transportation, but the government will do everything to seriously reduce the scale of this activity, as well as make the life of such carriers unbearable.

It is unclear, however, how all this will look in practice. Firstly, the law has not yet been adopted by the State Duma, and secondly, although fines for organizing illegal transportation have increased from 1,000 rubles to 4,000 for individuals, they still look ridiculous. Yes, and it is not easy for GKU employees to collect them without the help of the Ministry of Internal Affairs. They do not have the right to bear arms and constantly face opposition and threats against them. So, most likely, both tomorrow and in 2013, the landscapes with a creepy-looking minibuses and buses in the vicinity of the Schelkovskaya, Vykhino, Tushinskaya and Tsaritsyno metro stations will not change ...

Perhaps many still have old stereotypes of understanding the work of a taxi driver. Someone else lives in those times when it was possible to throw a "checker" on the roof of a car with almost impunity and, without any special permits, to give a lift to a couple of clients. However, today, in the context of the rapid growth of competition between carriers, the fine for taxi drivers for transporting passengers without a license is also rapidly tightening and growing.

What does a taxi driver need for legal work

Of course, if from time to time you bring fellow travelers and earn on an irregular basis, it is hardly possible to "light up" as a violator. However, if transportation is carried out systematically and receive a stable income from this, then you need to know that the state imposes an obligation to register this type of activity.

The Rules of the Road of the Russian Federation state that the driver of a power-driven vehicle is obliged (2.1 SDA) to carry and, at the request of the police officers, to hand over to them for verification (2.1.1 SDA): in established cases, permission to carry out activities for the transportation of passengers and luggage by cars Taxi.

Thus, when working as a taxi driver, you must have a permit or license. To get it, you first need to get the status of an individual entrepreneur. This step is possible subject to self-employment or the presence of a certain number of employees in the state. If you need to open a company engaged in the transportation of passengers, you will have to register as a legal entity.

Only after that you can issue a license for yourself and calmly engage in the transportation of passengers. Of course, not everyone considers it necessary to legalize their work, deal with paperwork and pay for a transport permit, but you should know that a fine for an illegal taxi, and if it is repeated, can convince everyone.

What is the fine for working in a taxi without a license in 2018

It is worth noting that in the context of the fight against illegal taxi drivers, the legislature did not stint on a wide variety of administrative penalties. For the lack of a license mentioned above in the SDA Code Russian Federation on Administrative Offenses in Article 12.3 Part 2.1 provides for the following penalty:

"Article 12.3. Driving a vehicle by a driver who does not have with him the documents provided for by the Rules of the Road:

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 permit to carry out activities for the transportation of passengers and luggage by a passenger taxi - entails the imposition of an administrative fine on the driver in the amount of five thousand rubles.

Since the sphere of services for the transportation of passengers and luggage can be attributed to the field of transport, since it is transport that plays a key role in taxi services, administrative penalties can be even more stringent. For example, article 14.1.2 part 1 "Carrying out entrepreneurial activities in the field of transport without a license" of the Code of Administrative Offenses (CAO) states:

"Carrying out entrepreneurial activity in the field of transport without a license - shall entail the imposition of an administrative fine on citizens and officials in the amount of fifty thousand rubles; on individual entrepreneurs - one hundred thousand rubles; on legal entities - four hundred thousand rubles."

The fine for private transportation without a license in 2018 in the amount of 50,000 rubles is an order of magnitude higher than the administrative penalty provided for in Article 12.3 of the Code of Administrative Offenses. In addition, in this article, individual entrepreneurs and legal entities are also subject to recovery. Such a difference in fines once again convinces that it is very difficult to understand the complex legislation of the Russian Federation on your own. That is why we recommend that you always seek advice on controversial issues from qualified specialists.


It is important to know that the repeated commission of an administrative offense under Part 1 of Article 14.1.2 - entails the imposition of an administrative fine on citizens in the amount of fifty thousand rubles with confiscation of the vehicle; for officials - fifty thousand rubles; for individual entrepreneurs - one hundred thousand rubles with confiscation of the vehicle; for legal entities - four hundred thousand rubles with confiscation of the vehicle or administrative suspension of activities for a period of up to ninety days.

Violation of the rules of transportation by passenger taxi

Illegal activity in the mode of a passenger taxi on an ongoing basis still requires the presence of appropriate identification marks on the car. To attract customers, you will have to install "checkers" on the roof of the car. And this is already a silent statement that you are engaged in entrepreneurial activity, that is, a cart. Therefore, according to clause 5(1) of Decree of the Government of the Russian Federation of October 23, 1993 N 1090 "On the Rules of the Road" (together with the "Basic Provisions for the Admission of Vehicles to Operation and the Duties of Officials to Ensure Road Safety"), your car must meet the following requirements:

A vehicle used as a passenger taxi must be equipped with a taximeter, have a color scheme on the body (side surfaces of the body), which is a composition of squares of a contrasting color arranged in a checkerboard pattern, and on the roof - an orange identification lamp. 5(1) was introduced by Decree of the Government of the Russian Federation of March 28, 2012 N 254).

And the amount of the administrative penalty provided for the non-compliance of the car with the requirements of a passenger taxi is determined by Article 11.14.1 "Violation of the rules for transporting passengers and luggage by passenger taxis" of the Code of Administrative Offenses:

    "The absence in the cabin of a passenger taxi of information provided for by the Rules for the Transportation of Passengers and Luggage by Motor Transport and Urban Surface Electric Transport - shall entail the imposition of an administrative fine on the driver in the amount of one thousand rubles; on officials - ten thousand rubles; on legal entities - thirty thousand rubles. .

    Non-issuance to a passenger of a cash receipt or a receipt in the form of a strict reporting form provided for by the Rules for the Transportation of Passengers and Luggage by Motor Transport and Urban Ground Electric Transport and confirming payment for the use of a passenger taxi - entails the imposition of an administrative fine on the driver in the amount of one thousand rubles; for officials - ten thousand rubles; for legal entities - thirty thousand rubles.

    The absence on a vehicle used for the provision of services for the carriage of passengers and luggage of a color scheme of a passenger taxi and (or) an identification lamp on the roof of the said vehicle - shall entail the imposition of an administrative fine on the driver in the amount of three thousand roubles; for officials - ten thousand rubles; for legal entities - fifty thousand rubles.

Is Uber an option for taxi drivers without a license?

Revealing the topic of illegal transportation of passengers, it is worth mentioning the Uber mobile application, which is a headache for the authorities of many countries. Launched in the USA in 2009, the service for finding private taxi drivers is now international, operating in more than 500 cities around the world. The application allows you to order a private carrier for a trip, even allowing you to track the location of his movement. For a driver without a license, this service allows you to carry out business activities while remaining in the "shadow." The profit from transportation is distributed in the ratio of 80% to 20% between the user of the application and its developers.

Of course, the absence of the need to have a license for taxi drivers and the contradiction to the law could not but cause indignation of the authorities in a number of countries and their cities. The application was subject to numerous fines and even a complete ban. For example, in Moscow, even licensed taxi drivers expressed indignation at this service, since "shadow" carriers were a significant competitor to them, working at lower rates. In 2015, an agreement was reached between the Moscow Transport Department and Uber to conclude an agreement on the use of only licensed taxi drivers in the company's service. Apparently, the company was in no hurry to introduce such restrictions, since at the beginning of 2016 it was under threat of a ban in Moscow.

Thus, the whole system of fines, aimed at combating illegal taxi drivers, makes it pointless to try to circumvent the law. Even the Uber mobile application is gradually being introduced into the restrictive framework of Russian laws. Of course, one can hope for good luck and expect that administrative sanctions will bypass. However, it is only a matter of time before another traffic police inspector decides to stop you and check if you have a license to carry passengers. It is better to take care of obtaining permission in advance and then calmly engage in this activity!

Taxi fines - a new law is being prepared to tighten the responsibility.

This year, the State Duma of the Russian Federation may adopt amendments to federal law No. 69, which regulates the transportation of passengers and luggage by passenger taxis on the territory of a constituent entity of the Russian Federation, which entered into force in September 2011. Thus, in particular, it is planned to increase the responsibility for carrying out activities for the transportation of passengers by passenger taxis, which, if the bill is adopted, should increase from 5,000 to 30,000 rubles.

In case of a repeated offense, an illegal taxi driver can lose his driver's license for a period of three to six months. Why did the State Duma deputies decide to change the current one, which regulates the activities of taxis in our country, when federal law No. 69 is fairly new by today's standards?

Our online publication decided to look into this in more detail. Also, traditionally, we publish answers to all the most common questions that may arise among road users.


The law on the activities of taxi carriers in our country was adopted in 2011. Unfortunately, according to the deputies, it does not contribute to the massive exit from the shadow of illegal carriers. Initially, it was assumed that the adoption of a new taxi law would increase the number of legal taxi drivers. Thus, liability was introduced for the illegal installation of an orange taxi identification lamp on the roof of a car and for applying color stripes indicating a taxi car (checkers, etc.) to the side of the vehicle.

Also, Federal Law No. 69 simplified the procedure for obtaining permission to obtain the right to legally engage in passenger taxi transportation. Despite all these measures, the law is currently working inefficiently.

Most taxi drivers have not left the shadows. Most have removed identification lights and other taxi attributes from their vehicles and continue to operate illegally without fear of being fined for illegal taxi activity. In such a situation, traffic police officers are not entitled to issue a fine. In order to convict an illegal driver, it is necessary, together with the Obep and the Tax Service, to conduct test purchases that would prove the fact of receiving money for illegal transportation.

Mass check and stop such activities is not realistic. Therefore, many deputies believe that the law on the activity of taxis should be changed, toughening the responsibility for illegal taxi transport, while reducing fines for legal taxi carriers.

According to legislators on the territory of our country, the share of illegal taxi carriers is 50-60 percent. Therefore, most likely this year the State Duma will adopt a new law on state regulation of the activities of transporting passengers and luggage by passenger taxis in the Russian Federation and amending certain legislative acts of the Russian Federation (draft law No. 472515-6) in order to stimulate the emergence of a huge number of illegal taxi drivers.

But the main innovation that the new law on Taxi offers is the abolition of the norm on the mandatory color of a taxi car, which the previous law allowed the subjects of the Federation of the Russian Federation to introduce. According to the new law, which will be considered in the State Duma in September this year, the authorities of the constituent entities of the Russian Federation have the right to introduce a requirement for a mandatory color of the car, in the case of mandatory state support for carriers that have received permits for light taxi transportation.

That is, as conditions for obtaining state support, additional requirements for body color may be established.

passenger taxi and the terms of its operation, to the drivers and specialists of the carrier, as well as to the tariff for the provision of services for the transportation of passengers and

baggage taxi.

Support may consist of financial assistance, the creation of special taxi ranks, permission to move around and more. What does this mean in practice? If passed, the bill would make it illegal to require taxi cars to be painted. But in order to receive preferences from the state, the local authorities of the region may require painting the car in return.

Traditionally, in the end, we explain some points in the new Taxi Law, which may come into force on January 1, 2015.

Is it necessary to equip a taxi car with Glonass equipment?


According to the new Taxi Law on vehicles used for the transportation of passengers and luggage by passenger taxis are not subject to the requirements of mandatory equipment with additional equipment in the form of tachographs and GLONASS satellite navigation equipment.

What experience must a driver have to obtain a taxi license?

Driving experience must be at least three years

What liability awaits legal carriers for violating the Taxi Law?


Now:

one thousand rubles ; on officials - ten thousand rubles ; for legal entities - thirty thousand rubles .

ten thousand rubles ; for legal entities - thirty thousand rubles .

shall entail the imposition of an administrative fine on the driver in the amount of three thousand roubles; on officials - ten thousand rubles ; for legal entities - fifty thousand rubles .»;

Will become:

“Article 11.14 1 . Violation of the rules for the carriage of passengers and luggage by passenger taxis

1. Absence in the cabin of a passenger taxi of the information provided for by the Rules for the Carriage of Passengers and Luggage by Motor Transport and Urban Surface Electric Transport, -

entails the imposition of an administrative fine on the driver in the amount of five hundred rubles ; on officials - three thousand rubles ; for legal entities - five thousand rubles .

2. Non-issuance to a passenger of a cash receipt or a receipt in the form of a strict reporting form provided for by the Rules for the carriage of passengers and baggage by road and urban surface electric transport and confirming payment for the use of a passenger taxi, -

shall entail the imposition of an administrative fine on the driver in the amount of one thousand roubles; on officials - five thousand rubles ; for legal entities - ten thousand rubles .

3. Absence on a vehicle used for the provision of services for the carriage of passengers and luggage of a color scheme of a passenger taxi and (or) an identification lamp on the roof of the said vehicle -

shall entail the imposition of an administrative fine on the driver in the amount of one thousand roubles; on officials - three thousand rubles ; for legal entities - ten thousand rubles .»;

What new penalties await illegal taxi drivers?


In accordance with the new law "On the regulation of taxi activities in the Russian Federation, for illegal taxi carriers" an increase in liability for illegal transportation is envisaged.

Now:

3,000 rubles with confiscation of said instruments and devices; from fifteen thousand to twenty thousand rubles with confiscation of said instruments and devices; on legal entities - from four hundred thousand to five hundred thousand rubles with confiscation of the said instruments and devices.

2. Installation on a vehicle without an appropriate permit of devices for giving special light or sound signals (with the exception of a burglar alarm) or illegal installation of an identification lamp for a passenger taxi on a vehicle, -

shall entail the imposition of an administrative fine on citizens in the amount of five thousand rubles twenty thousand rubles five hundred thousand rubles

shall entail the imposition of an administrative fine on citizens in the amount of five thousand rubles ; on officials responsible for the operation of vehicles - twenty thousand rubles ; for legal entities - five hundred thousand rubles .

Will become:

Article 12.4. Violation of the rules for installing on a vehicle devices for giving special light or sound signals or illegal application of special color and graphic schemes of vehicles of operational services, a color graphic scheme of a passenger taxi or illegal installation of an identification lamp for a passenger taxi

1. Installation on the front of the vehicle of light devices with red lights or red retroreflective devices, as well as light devices, the color of lights and the mode of operation of which do not comply with the requirements of the Basic Provisions for the Authorization of Vehicles for Operation and the Duties of Officials for Ensuring Road Safety movement -

2. Installation on a vehicle without an appropriate permit of devices for giving special light or sound signals (with the exception of burglar alarms) or illegal installation on a vehicle Taxi identification light, -

shall entail the imposition of an administrative fine on citizens in the amount of with confiscation of said devices; on officials responsible for the operation of vehicles - thirty to fifty with confiscation of said devices; for legal entities - five hundred thousand rubles with the confiscation of these devices.

3. Illegal application of special color schemes of vehicles of operational services or a color scheme of a passenger taxi to the outer surfaces of a vehicle -

shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty thousand rubles ; on officials responsible for the operation of vehicles - from thirty to fifty thousand rubles ; for legal entities - five hundred thousand rubles .

The responsibility of the article is also tightened. 12.5 Administrative Code of the Russian Federation :

Now:

"

shall entail the imposition of an administrative fine in the amount of five hundred roubles.

4.1 . Driving a vehicle on which an identification lamp of a passenger taxi is illegally installed -

entails the imposition of an administrative fine on the driver in the amount of five thousand rubles with confiscation of the subject of an administrative offense.

5. Use of devices for giving special light or sound signals (with the exception of burglar alarms) installed without an appropriate permit while a vehicle is in motion, -

entails deprivation of the right to drive vehicles for a period of one and a half to two years with confiscation of the said devices.

6. Driving a vehicle, on the outer surfaces of which special color schemes of vehicles of operational services are illegally applied, -

entails deprivation of the right to drive vehicles for a period of one to one and a half years.

7. Driving a vehicle, on which the color scheme of a passenger taxi is illegally applied, -

entails the imposition of an administrative fine on the driver in the amount of five thousand rubles .

Will become:

Article 12.5. Code of Administrative Offenses of the Russian Federation "Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited"

1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the admission of vehicles to operation and the duties of officials to ensure road safety, the operation of the vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 to 7 of this article,

shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.

2. Driving a vehicle with known faulty braking system(with the exception of the parking brake), steering or coupling device (as part of a train) -

shall entail the imposition of an administrative fine in the amount of five hundred roubles.

3. Driving a vehicle, on the front of which there are light devices with red lights or red retroreflective devices, as well as light devices, the color of the lights and the mode of operation of which do not comply with the requirements of the Basic Provisions for the Admission of Vehicles for Operation and the duties of officials for ensuring road safety, -

entails deprivation of the right to drive transport vehicles for a period of six months to one year with confiscation of the said instruments and devices.

3.1. Driving a vehicle on which glass is installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements of the technical regulation on the safety of wheeled vehicles -

shall entail the imposition of an administrative fine in the amount of five hundred roubles.

4. Driving a transport vehicle on which devices for giving special light or sound signals (except for burglar alarms) are installed without an appropriate permit, -

entails deprivation of the right to drive vehicles for a period of one to one and a half years with confiscation of the said devices.

4.1. Driving a vehicle on which an identification lamp of a passenger taxi is illegally installed -

Today I decided to pay attention to such an aspect of our life as public transport. We all have to ride buses, minibuses, trains, some more often, some less often, but everyone. If the situation with urban transportation is transparent: entrepreneurs have legally drawn up routes and conscientiously transport passengers, then with intercity communication, the matter is much more vague. Especially with the most cost-effective route Starodub - Bryansk.

It would seem that this is the most uninterrupted direction, with the most frequent number of flights, all for the benefit of passengers, that is, you and me. But not everything is so clear. Where there is grain, there are mice. We are talking about illegal carriers.

For us, passengers, it would seem, what difference does it make who carries us? The main thing is to get to the place faster. I think many of us do not even suspect that they are getting into the minibus of an ordinary “bombilla”. It's a pity. Because with our indifference, we contribute to the theft from the city, from the state, and from you and me. What is the difference between a person who takes bribes and one who gives them? Nothing. Both of them are breaking the law. And, if we call a spade a spade, then using the services of illegal immigrants, we act, to put it mildly, badly.
What is the difference between legal carriers and illegal carriers?

The legal carrier for the route is determined based on the results of a competitive selection, which selects vehicles with the best technical specifications and relevant passenger safety. Before the trip, cars undergo a pre-trip technical inspection, and drivers undergo a health examination before and after the trip. Legal carriers carry out regular transportation strictly according to the route and strictly on time. Tickets are sold through the ticket office of the bus station. The life and health of passengers are insured, and from the point of view of terrorist security, vehicles are equipped with the Glonass system and registrars inside the cabin. Embarkation and disembarkation of passengers takes place strictly at bus stations and stopping complexes determined by the route.

For illegal carriers, everything is exactly the opposite. And in order to avoid responsibility, they operate flights under the guise of "custom-made". At the same time, it doesn’t take much intelligence to understand that no one ordered them. The only possible plus for passengers, and even then not always, is a lower fare than legal carriers. This is understandable, since not a penny comes to the budget from such flights. And if suddenly someone thinks that the family budget is much more important, then please do not demand roads, light, landscaping and other benefits in the development of the city.

Starodub is a city of good people. Let's live up to this title and support conscientious carriers. The flight schedule can be found on the website of the administration.

In conclusion, I would like to note that in the very near future a commission will start working, made up of employees from the administration, law enforcement agencies, transport and tax inspectorates. A similar commission is already successfully working in the field of ecology, the result of raids is real detentions of poachers. I am sure that the transport commission will work with the same success. So, dear sirs, illegals, don't say that we didn't warn you.