Article 11.141. Code of Administrative Offenses of the Russian Federation

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, -

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; for officials - ten thousand rubles; for legal entities - thirty 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 three thousand roubles; for officials - ten thousand rubles; for legal entities - fifty thousand roubles.

Fines for taxi drivers in 2016 provide for punishment for the fact that there is no information in the passenger compartment provided for by the rules for transporting passengers, as well as for the fact that the driver did not issue a cash receipt to the passenger.

Part 3 of article 11.14 is perhaps the most interesting. Now, the absence of a special color scheme on a taxi car or a special lamp (checkers) on the roof will lead to a fine of 3,000 rubles on the driver. It can be concluded that all taxi cars will now stand out from the traffic flow, and it will be quite difficult to engage in private transportation without an appropriate permit. In addition, a fine for an illegal taxi in 2016 is introduced, which will be discussed further.

Article 11.142. Violation of the rules for the carriage of passengers and baggage by order

1. The refusal of the driver to present a charter agreement or a copy thereof or an order-order for the provision of a vehicle for the carriage of passengers and luggage on order, if the charter agreement is concluded in the form of an order-order, to officials authorized to exercise control over the availability of these documents by drivers, -

2. Carriage of passengers and baggage on request without concluding a contract for chartering a vehicle in writing -

3. Collection of payment from passengers during transportation ordered by an indefinite circle of persons -

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

4. Passengers boarding vehicle, provided for the carriage of passengers and baggage on request, without the passengers presenting documents certifying their right to travel in this vehicle, or in the absence of a list of passengers in cases where the presentation of these documents or the presence of the specified list of passengers is mandatory, -

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

Article 11.142 provides for fines for taxi drivers for violation of the rules for the carriage of passengers and luggage on order. Parts of it do not need separate comments.

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, as well as permission to carry out activities for the transportation of passengers and luggage by passenger taxi

21. Transportation of passengers and luggage by a passenger vehicle used to provide services for the carriage of passengers and luggage, by a driver who does not have a permit for carrying out activities for the transportation of passengers and luggage by a passenger taxi, -

shall entail the imposition of an administrative fine on the driver in the amount of five thousand roubles.

The absence of a taxi driver's permission to carry out passenger transportation activities from January 1, 2012 will be punished by a fine of 5,000 rubles. This is the fine for an illegal taxi.

Article 12.4 has also been supplemented with parts relating to taxi identification marks:

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

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 two thousand five hundred rubles with confiscation of the said devices; for officials responsible for the operation of vehicles - twenty thousand rubles with the confiscation of these devices; for legal entities - five hundred thousand rubles with confiscation of the said 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 two thousand five hundred roubles; for officials responsible for the operation of vehicles - twenty thousand rubles; for legal entities - five hundred thousand roubles.

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

shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles with confiscation of the subject of the administrative offence.

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

shall entail the imposition of an administrative fine on the driver in the amount of five thousand roubles.

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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.

They want to increase the fine for illegal taxis without a license in 2018 by several times compared to previous years. And if the “businessmen” repeatedly violate the norms for transporting passengers, the confiscation of a driver’s license for up to six months will also be added to the financial sanctions.

Cases of detention of unofficially moonlighting drivers as private drivers became more frequent, among the people they “bombed”. Citizens, instead of finding a job, following the letter of the law, prefer informal activities that do not require registration and are not recorded in the work book. The advantage allegedly is that you do not need to adapt to the schedule and “correct” communication with the employer, share earnings, leaving the proceeds in full without paying interest to the “owner” and taxes to the state.

What law governs the rules and procedures for transporting passengers and luggage by taxi? What are the penalties for violating the rules for transporting passengers by taxi? What liability and penalties for private transportation without a license are provided for in 2018? What new taxi law do they want to adopt and how are they going to increase the fines for transporting passengers by taxi without a license? We will answer these questions in this article.

What regulates the relationship "carrier - passengers"?

In January 2009, the highest collegial executive body in the Russian Federation issued Decree No. 112 on the Rules governing the transportation of passengers and luggage by passenger taxis. The nature of liability for non-compliance with the Rules is enshrined in Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation and in Federal Law No. 69-FZ dated April 21, 2011 “On Amendments to Certain Legislative Acts of the Russian Federation”.

Thus, the article provides for fines in a number of points:

• inside the "passenger car" there is no information specified in the Rules;
• passengers are not issued either a cash receipt or a BSO receipt;
• on the body there is no checkered color scheme and / or an orange lighting device on the car “roof”, indicating that people and luggage are ready to move.

Experts also recommend that you familiarize yourself with Federal Law No. 34-FZ of April 23, 2012, which amends certain regulatory acts of the Russian Federation in terms of improving state regulation of passenger and luggage transportation in a passenger taxi.

Punishment for private transport without a license

Since 2012, illegal taxi drivers have been fined up to 5,000 rubles, but in cities of federal significance, the amount of penalties could reach 10,000 rubles. According to the bill No. 472515-6 in 2018, legislators are ready to fine each violator for 30,000 rubles. For a repeated offense, in addition to paying an administrative fine, the offender will have to say goodbye to a driver's license for a period of 3 to 6 months. The dispatcher who transferred the 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 position of the guilty, for example, the absence 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 “checkers” or signal colors of a passenger taxi, will be punished by sanctions in the amount of 5,000 rubles. For failure to issue a check, the passenger will have to pay a fine of 1000 rubles.

Example

Citizen D. was engaged illegal transportation passengers in their own vehicle. The traffic police officer who stopped the citizen found that the car had identification marks (lantern), but the car was not painted in the prescribed color, the rules of transportation were not posted in the car, there was no taximeter, and in addition, the passenger was not issued a receipt for paying the fare. According to the current legislation, citizen D. will have to pay an impressive amount of a fine for:

• lack of information in the passenger compartment about the rules for transporting passengers - 1,000 rubles;
• failure to issue a receipt confirming the payment of the fare - 1,000 rubles;
• lack of permission to carry out transportation activities - 5,000 rubles;
• illegal installation of a lamp for a passenger taxi - 5,000 rubles. (according to part 3 of article 12.4 of the Code of Administrative Offenses).

Passenger cars involved in the transportation of individuals must be equipped with a taximeter, identification marks and painted in a certain color. The rest of the rules establishing the responsibility of the carrier to passengers remain unchanged.

How to avoid punishment?

In order not to violate the norms of the law, they go through the procedure for obtaining the appropriate license. To do this, they apply to the local authorities of the Ministry of Transport, having a package of documents with them: papers on the car and the main identity document (originals, copies). Having received a license and legalized his activity, the taxi driver ceases to be a violator and is liable for adverse consequences with fines. Also, a motorist will need to have a driving experience of at least 3 years and registration as an individual entrepreneur.

By the way, in order to register an IP in 2017, Russians will have to face fewer difficulties if they choose the simplified tax system. Firstly, the procedure for obtaining such a status will look simpler, and secondly, the taxation system created specifically for small businesses will “treat” the income of a businessman more gently due to a lower interest rate than other systems. A nice addition when choosing this system will also be the ability of an individual entrepreneur to reduce the amount of tax on insurance premiums.

The provision of services in the field of passenger transportation must be accompanied by the execution of documents that make this type of activity legal. One of these documents is a license to carry passengers. Obtaining it is associated with the need to comply with certain indicators and pay the state fee. In this regard, many individuals prefer to provide services of this kind without the necessary documents, bypassing the regulatory legislation. Transportation of passengers without a license in accordance with the Code of Administrative Offenses of the Russian Federation becomes a reason for prosecution, and this fact already indicates the need to pay certain fines and other consequences provided for by the administrative code.

The need to obtain a license

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It is legally determined that the transportation of passengers can be carried out only with specialized licenses. In order to be able to obtain such a permit, a company acting as a carrier must have a certain set of vehicles of good quality and meet the conditions reflected in the rules for license applicants. The need for such a document is caused by the following factors:

• Monitoring the condition of carriers in terms of serviceability of vehicles and equipping them with all necessary equipment. Compliance with such norms significantly reduces the number of accidents on the roads;
• Receipt of additional funds to the budget through the payment of state. fees for obtaining licenses, which amounts to 7.5 thousand rubles;
• Control over the activities of legal entities and individuals providing transportation services.

Transportation of passengers in accordance with legal requirements

In order for transportation to be considered legal, it is necessary to have the following indicators and factors:

• An organization acting as a transport company must have a license to carry out business activities that are related to passenger transportation. The license is granted by the regional subdivision of the Federal Service for Supervision in the Sphere of Transport;
• Transportation of passengers performed according to a preliminary order implies the need to conclude a charter agreement. The agreement is signed between the company organizing the transportation and the passenger who will use the services. As an exception, there are taxis carrying passengers on orders, where it is allowed to conclude an agreement orally;
• If the transportations performed are regular, then the agreed itinerary must be attached as an addition to other documents. In such a situation, the driver already receives information in advance regarding dangerous sections on the road, the location of food and recreation points, gas stations and medical institutions.

Illegal traffic and license requirements

If one of the above conditions is missing or the driver does not have the necessary documents, such transportation will be classified as illegal and all persons involved will be held administratively liable for violations.

It is worth noting that judicial practice knows a sufficient number of cases where there have been road traffic accidents with fatal outcomes. In this case, criminal liability is possible, and the lack of permits and necessary licenses for the transportation of passengers only exacerbates the situation. In such a situation, the guilty person may receive a greater measure of punishment than is provided for by a certain article of the Criminal Code of the Russian Federation.

Obtaining a license is carried out after providing the necessary package of documents, a completed application and a receipt confirming the payment of the state fee, which is mandatory for all organizations.

In the process of providing services, re-registration may be required. It is necessary if the name of the firm or company changes, the legal form of activity or the company undergoes reorganization.

In general, licenses are granted for the following types of transport:

• within the locality;
• In suburban areas;
• For intercity or international communication.

An organization applying for a license will have to meet certain requirements:

• Availability of vehicles, which can be own or rented;
• Availability of premises for maintenance and repair of vehicles;
• The presence of an appropriate license from an organization or individual entrepreneur that will conduct a medical examination of drivers;
• Availability of a recreation area in transport in case of intercity transportation;
• Equipping a car with special systems that allow you to track the location of vehicles;
• Compliance with all other rules that are related to the safety of transportation.

Responsibility for not having a license

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If it turns out that transportation is carried out without the necessary license, which is contrary to the norms and rules established by law, the perpetrators are held accountable. The penalty in this case directly depends on the type of transport in relation to which the violation was revealed and who is guilty in such a situation.

The absence of a license in the case of transportation by bus entails the need to pay:

• For the driver 5 thousand rubles;
• For officials 5 thousand rubles;
• Individual entrepreneurs - 100 thousand rubles;

It is worth noting that by paying, the perpetrators are not exempt from the need to obtain a license.

In the event that a violation is recorded, consisting in the implementation of illegal transportation of passengers, the guilty persons should pay the required amount before the deadline specified in the decision

Interregional passenger bus transportation has become "famous" for being and remains one of the most non-transparent types of business in Russia. Illegal carriers - this is actually the meaning of their activity - do not pay taxes, work without a license, do not issue tickets and do not care about the safety of transportation. And, of course, dumping. Experts estimate that approximately 60% of all bus passenger traffic is in the "gray zone".

“Illegal carriers do not comply with all the legal requirements that are prescribed for legal carriers in terms of security, and they are also not controlled. An illegal carrier is not a carrier, but a way to the cemetery,” says Norayr Bludyan, head of the MADI department, director of the Transport Association of the Moscow Agglomeration (TAMA).

For almost decades, this problem has been turned a blind eye, as a result of which, in a number of regions of the country, the industry has found itself, to call a spade a spade, at the mercy of criminal groups. Moreover, in an effort to maintain full control over the "covered" business, they also actively oppose legal transport companies, making their work "in the white" largely meaningless.

After each tightening of the legislative framework, the attackers found new loopholes.

Now there is a stable trend: the volume of illegal traffic continues to grow slowly but surely. Including due to the practice that has spread recently, when licensed companies allow carriers that do not have the necessary permits to work under their sign.

And another negative phenomenon that has become widespread in Russia is the activity of online agents (aggregators), including the services of "fellow travelers" and unlicensed carriers.

The turnover of the "fellow travelers" market this year will amount to 16.3 billion rubles and 31 million passengers.

The growth of shadow schemes in the field of intercity bus transportation is, of course, due to the reduction of the legal market. Thus, the outflow of passengers from bus stations and routes of legal carriers to "fellow travelers" in the last three years alone amounted to approximately 20%.

This causes such strong concern of legal market participants that they seek the truth in the courts. A week ago, several dozen carriers and bus stations applied to the Tagansky Court of Moscow with a demand to block the popular BlaBlaCar ridesharing service. The company is accused of organizing illegal transportation, charging uncoordinated transportation fees, and also that due to the operation of the service, the work of regular bus service is under threat.

Currently, according to the Association "United Transport System"Bus Lines of the Country", the situation in the market of regular passenger transportation is as follows: 55% - passenger traffic of regular carriers, 25% - "gray" carriers, 20% - services of "fellow travelers" (online agents).

Illegals also use a technique in which regular transportation is disguised as custom - on the same routes as the official ones, thereby intercepting passenger traffic and depriving legal auto enterprises of revenue.

At the same time, bus tickets are available for free sale on the Internet, and illegal carriers themselves place advertisements for the corresponding services on their buses.

According to the Public Chamber of the Russian Federation, about 75% of the interregional passenger transportation market is accounted for by “pseudo-custom” carriers. At the same time, the current procedure for regulating transportation by order does not allow making an unambiguous distinction. As a result, there are constant disputes and conflicts between control authorities and carriers.

Threat to passenger safety

Obviously, illegal transportation of passengers does not meet safety requirements. "Grey" companies use old and even faulty buses, refuse to insure passengers in case of an accident, do not control the work and rest schedule of drivers. In addition, drivers do not pass a medical examination, and vehicles do not undergo proper technical control. In the country as a whole, the share of buses in operation exceeding the standard service life increased from 43% to 51% from 2000 to 2016.

IN last years recorded a consistently high number of accidents related to technical malfunction Vehicle. According to the traffic police, in the first six months of 2018, 2,626 accidents occurred for this reason (103 people died, another 3.9 thousand were injured). In 2017, there were 5,000 serious road accidents in which 290 people died and 7,700 were injured.

In Tver, for example, a resonant incident recently occurred when 13 people died in an accident.

There were two buses on the same route. The first is an illegal carrier. His services were used by the majority of passengers who agreed to travel for less money, getting on the bus not at a stopping point or at the bus station.

EMERCOM of Russia/RIA Novosti Bus and minibus accident in Tver region, October 2018

The work of low-skilled drivers in the process of illegal transportation also increases the likelihood of accidents. For example, in St. Petersburg and the Leningrad region, about 55% of bus drivers are labor migrants. Through their fault, 50-60 accidents occur annually in these regions.

In general, for 9 months of this year, there were 11 accidents involving licensed carriers, 25 people died and 109 were injured, and in the case of passenger transportation "on order" - 16 accidents, 40 people died and 206 were injured.

Any illegal activity ignores certain requirements of security and reporting rules, the author of the Probok.Net blog notes.

“If the driver does not pass the pre-trip inspection, it is not known how long he is driving without rest: a day, a week. This will lead to a serious accident in the future. Also, if no one checks the technical condition of the bus, then its brakes may fail, ”he said in an interview with Gazeta.Ru. - Illegals usually very often get into road accidents. This is a problem of poor driver training: it is not clear how and where he got his license.”

In addition, passengers can become hostages to the activities of criminal structures, which sometimes “squeeze out” legal carriers from the market in a harsh and aggressive manner. The safety and health of passengers are often at risk - for example, there have been repeated cases of shelling from pneumatic weapons on buses in transit and tire punctures.

Damage to the economy

Due to the illegal activities of "gray" carriers, taxes are not received by the regional budgets. For example, only the Moscow region loses about a billion rubles annually for this reason. With the financial instability of "white" carriers, there is a lack of funds for updating buses and the quality of service decreases.

At the end of 2016, among organizations providing regular bus transportation services, 63% of enterprises are unprofitable, and the balanced financial result of their activities is a loss of 9.5 billion rubles.

Recently, the trend of falling revenues of bus stations and bus stations has also been increasing - they are at the forefront of attack from online services (aggregators), whose work is not properly regulated.

The unresolved problem of the functioning of the illegal transportation business causes significant harm to the Russian economy, hinders the formation of a civilized market for transport services and the development of a competitive environment.

What to do

The state is the actual customer of safe and high-quality transport services for the population, as well as an economic regulator that ensures equal conditions for all market participants. Therefore, the solution of the above problems should be dealt with by the state, first of all, by making the necessary changes to the regulatory framework, experts are sure.

Such work is underway. On October 31, President Putin signed into law the Compulsory Bus Licensing Law, which requires carriers to obtain licenses within four months of the law coming into force.

At the same time, according to experts, streamlining the state licensing system will strengthen control over carriers, but will not solve all the problems of the industry. According to Norayr Bludyan, it is possible to eradicate illegal transportation only if all authorities perform their duties strictly and without personal selfish interests. “If there are those loopholes thanks to which illegal carriers continue their activities, then why don't the state bodies block them. Everyone knows and understands everything. Everyone knows who the owner of this business is, whose bus and where it arrives, ”summed up Bludyan.

Shumsky agrees with him, adding that in order to eradicate illegal transportation, it is necessary to act not only by prohibitive methods, but also to offer benefits.

“That is, it is necessary to make it more profitable to become a legal carrier. Fines will not be able to eradicate the problem. You can confiscate the vehicle. Now illegal carriers are disguised as private orders, so it is not so easy to deal with them,” he explained.

Among other necessary measures, experts call the introduction of state regulation of passing transportation services, improving the efficiency of interaction between bus stations, Internet aggregators and carriers.

In turn, the administration of the “fellow travelers” services should be held responsible for illegal actions, as well as the owners of transport enterprises.

Bus stations, on the other hand, should exclude the provision of tickets for flights of legal bus carriers to services that are not ready to abandon the advertising of "fellow travelers" and illegal carriers, switch to automated control systems and a new model of work that documents the list of mandatory and additional services.

However, as practice in related industries shows, all these measures will not fully solve the problem of illegal transportation. To achieve the result, it is also necessary to eliminate the human factor as much as possible and automate the control process. A similar approach, for example, was used to solve the problem of non-payment for parking and speeding on the roads. At the same time, for such a digital system to be effective, it must not only perform control functions, but also rely on the requests of legal carriers, allowing them to solve the problem of unfair competition, as well as help reduce costs and improve performance.