They want to increase the fine for an illegal taxi without a license in 2018 in comparison with previous years. And in case of repeated violation of the norms of transportation of passengers by "businessmen", 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 working as a private driver of motorists have become more frequent, among the people "bombed". Citizens, instead of finding a job, following the letter of the law, prefer informal activities that do not require registration and do not go under the record in the work book. The advantage is that there is no need to adapt to the schedule and "correct" communication with the employer, to share earnings, leaving the entire proceeds to themselves without paying interest to the "owner" and taxes to the state.
What law regulates the rules and procedures for the carriage of passengers and luggage by taxi? What are the penalties for violating the rules for transporting passengers by taxi? What is the responsibility and penalties for private driver without a license are foreseen in 2018? What new law on taxis do they want to adopt and how are they planning to increase the fines for transporting passengers by taxi without a license? We will answer these questions in this article.
What regulates the carrier-passenger relationship?
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 responsibility for not following the Rules is enshrined in Article 11.14.1 of the Administrative Code of the Russian Federation and in Federal Law No. 69-FZ of 21.04.2011 “On Amendments to Certain Legislative Acts of the Russian Federation”.
So, 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 cashier's check or a BSO receipt;
- on the body there is no color-graphic scheme in the form of checkers and / or an orange lighting device on the car "roof", indicating the readiness to move people and luggage.
Experts also recommend that you familiarize 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 a passenger taxi.
Punishment for a private taxi driver 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 fines could reach 10,000 rubles. According to bill No. 472515-6, in 2018, lawmakers are ready to fine each violator already by 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 handed over the order to the 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 guilty, 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 "checkers" or the signal colors of a passenger taxi, will be punished with sanctions in the amount of 5,000 rubles. For non-issuance of a check, the passenger will have to pay 1,000 rubles as a fine.
Example
Citizen D. was engaged in illegal transportation of passengers in his personal car. 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 car's interior did not contain the rules of transportation, there was no taximeter, and besides, the passenger was not given a receipt for 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 car's cabin about the rules for the carriage of 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 light in a passenger taxi - 5,000 rubles. (according to part 3 of article 12.4 of the Administrative Code).
Cars involved in the transportation of individuals must be equipped with a taximeter, identification signs and painted in a certain color. The rest of the rules establishing the carrier's liability to passengers remain unchanged for now.
How to avoid punishment?
In order not to violate the norms of the law, they go through the procedure for obtaining an appropriate license. To do this, they turn to the local authorities of the Ministry of Transport, having with them a package of documents: papers for the car and the main identity document (originals, copies). Having received a license and legalized his activities, the taxi driver ceases to be a violator and to be liable for adverse consequences with fines. Also, a motorist will need to have a driving experience of at least 3 years and be registered as an individual entrepreneur.
By the way, in order to register an individual entrepreneur in 2017, Russians will have to face less 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” a businessman's income more leniently at the expense of a lower interest rate than 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.
Article 11.141. Administrative Code of the Russian Federation
Violation of the rules for the carriage of passengers and baggage by passenger taxis
1. Lack of information in the passenger compartment of a passenger taxi, provided for by the Rules for the carriage of passengers and baggage by car and urban land electric transport, -
2. Failure to issue to a passenger a cash register receipt or a receipt in the form of a strict accountability form provided for by the Rules for the Carriage of Passengers and Luggage by Motor Transport and Urban Land Electric Transport and confirming payment for using a passenger taxi, -
shall entail 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.
3. The absence on the vehicle used for the provision of services for the carriage of passengers and baggage, the color scheme of a passenger taxi and (or) an identification lamp on the roof of the specified vehicle -
shall entail the imposition of an administrative fine on the driver in the amount of three thousand rubles; for officials - ten thousand rubles; for legal entities - fifty thousand rubles.
Fines for taxi drivers in 2016 provide for punishment for the fact that there is no information in the passenger compartment of the car, provided for by the rules of passenger transportation, as well as for the fact that the driver did not issue a cashier's receipt to the passenger.
Part 3 of Article 11.14 is perhaps the most interesting. Now the absence of a special color-graphic scheme or a special lantern (checkers) on the roof on the taxi car will result in a fine of 3,000 rubles on the driver. It can be concluded that all taxi cars will now stand out from traffic flow, and it will be quite difficult to engage in a private cab driver without the appropriate permission. In addition, a fine for an illegal taxi of 2016 is introduced, which will be discussed below.
Article 11.142. Violation of the rules for the carriage of passengers and baggage by order
1. The driver's refusal to present a charter agreement or a copy of it or a work order for the provision of a vehicle for the carriage of passengers and baggage on request, if the charter agreement is concluded in the form of a work order, to officials authorized to exercise control over the availability of these documents with drivers, -
2. Carriage of passengers and baggage upon order without concluding in writing a contract for the chartering of a vehicle -
3. Collection of payments from passengers during carriage by order of an indefinite circle of persons -
shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles; for officials - fifty thousand rubles; for legal entities - two hundred thousand rubles.
4. Boarding passengers at 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 the specified 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 rubles; for officials - fifty thousand rubles; for legal entities - two hundred thousand rubles.
Article 11.142 provides for fines for taxi drivers for violating the rules for transporting passengers and baggage on request. Parts of it do not need separate comments.
Article 12.3. Driving a vehicle by a driver who does not have the documents provided for by the Rules road traffic, as well as permits to carry out activities for the carriage of passengers and luggage by passenger taxis
21. Carriage of passengers and baggage by a light vehicle used for the provision of services for the carriage of passengers and baggage by a driver who does not have a permit to carry out activities for the carriage of passengers and baggage by a passenger taxi -
shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles.
The absence of a taxi driver's permission to carry out activities for the transportation of passengers from January 1, 2012 will be punished with a fine of 5,000 rubles. This is a fine for an illegal taxi.
Parts related to identification marks of taxi cars have also been added to article 12.4:
Article 12.4. Violation of the rules for installing devices on a vehicle for supplying special light or sound signals, or illegal application of special color-graphic schemes of cars of operational services, color-graphic scheme of a passenger taxi, or illegal installation of an identification lamp of a passenger taxi
2. Installation on a vehicle without appropriate permission of devices for giving special light or sound signals (with the exception of burglar alarms) or illegal installation of an identification lamp of 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 the 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 the confiscation of these devices.
3. Illegal drawing on the outer surfaces of a vehicle of special color-graphic schemes of cars of operational services or a color-graphic scheme of a passenger taxi -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand five hundred rubles; for officials responsible for the operation of vehicles - twenty thousand rubles; for legal entities - five hundred thousand rubles.
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 an administrative offense.
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 rubles.
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Among them is the obligation to carry passengers only with the appropriate license. Such 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 the need to prepare all documents, many companies operate without a license. This also applies to private carriers who are in no hurry to register as individual entrepreneurs, preferring to tax and not pay any taxes for it.
Why is illegal taxi popular?
Taxi is an inexhaustible way of 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 for moving around the city is very convenient. Unlike usual public transport moving along a route strictly compiled for him, the car can take the client straight to the entrance, providing high passenger comfort throughout the trip.
Such popularity of taxis among the population has made it attractive to drivers. Especially for those who prefer informal work, since this type of income brings much more profit than ordinary formal work.
Drivers who taxi without a license do not use meters, but agree with passengers on the cost of their services.
The main danger of using an illegal taxi is that the car does not comply with legal requirements. The Taxi Law provides for fines for the illegal transportation of passengers, as this can negatively affect the safety of the passenger.
What if the illegal transportation of passengers is detected?
Traffic inspectors constantly conduct checks to identify 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:
- Movement aquatic species transport.
- Carriage of passengers by rail.
- Travel by car if it can accommodate more than eight people.
- Transportation of passengers by light taxi.
Carriage of passengers without a license is punishable by a fine, which is imposed on several persons:
- A driver who was carrying passengers illegally.
- On the person who allowed such transportation of passengers.
- For an organization that is not licensed to carry out this type of activity.
If during the second check the same violation of the law is revealed again, in addition to the fine, the vehicle may be confiscated.
What is the fine for an illegal taxi for private carriers?
On this moment, for an illegal taxi without a license there is a fine of 5 thousand rubles. 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 brought to administrative responsibility in the form of a fine of 3 thousand rubles.
If the driver carrying out the transportation of passengers, after receiving Money, did not issue a cash document confirming payment for his services, he can also be held liable in the form of a fine of 1 thousand rubles.
If the person driving a passenger vehicle illegally uses the attributes of a taxi, he is prosecuted in the form of a fine of 5 thousand rubles.
Punishment for the carriage of passengers without a license for organizations
Organizations that carry passengers without proper permission are subject to fines in other amounts.
For the lack of information in the car salon about the rules of the taxi, the official must in the amount of 10 thousand rubles. The organization is prosecuted in the form of a fine of 30 thousand. Similar fines are established for cases when a 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 (lights or color schemes), the organization is obliged to pay a fine of 50 thousand rubles. An official will have to pay 10 thousand rubles for the same punishment.
How to avoid liability for the carriage of passengers without a license
Now it is possible to avoid responsibility for the illegal transportation of passengers only by following the requirements of the legislation. To get a taxi, the driver will need:
- Register as an individual entrepreneur.
- Buy the appropriate license.
- Install all the necessary accessories on your car.
If the transportation of passengers is the main type of business, it is better to choose a simplified taxation system.
The entire procedure for the legalization of entrepreneurial activity takes a minimum of time and will require expenses in the amount of up to 30 thousand rubles.
Procedure for obtaining a license for passenger transportation
To obtain a license for the right to carry passengers, an entrepreneur or a representative of an organization must contact the transport department located at the address of residence / legal address. When applying, you must have with you:
- Documents confirming the ownership of the car.
- Technical passport of the car.
- Applicant's passport / power of attorney.
- Two copies of all of the above documents.
The transport department decides to issue a license within a month from the date of receipt of all documents. If the specialists come to a positive decision, the applicant is issued a license for five years.
The permitting document must contain the following information:
- Data about the vehicle that can carry passengers.
- Vehicle owner data.
- Date of registration of the license.
- Serial number of the document.
License cost
To obtain a license to carry passengers, you must pay a certain amount. The price of a permit varies from 5 to 10 thousand rubles, depending on the region. The highest price is set in Moscow.
As you know, it is on small business all over the world that the function of the main engine of the economy is entrusted. Russia is no exception in this case. The government and legislators are actively working to develop a regulatory framework that regulates and stimulates these types of economic activities.
As noted in statistical reports, at present in Russia, passenger transportation is also ranked among the most profitable businesses. Taxis also belong to this industry.
Since the very appearance 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 diminishes their convenience. In addition, individual transportation is distinguished by higher comfort for passengers.
The profitability of this type of activity has 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 workers in the market, because they do not have to buy licenses, and for each trip they agree on a piecework basis. As a rule, such entrepreneurs do not use counters. Moreover, almost everywhere, cars illegally used as taxis do not meet the standards imposed by the state. All this as a result negatively affects the safety of passengers.
Federal Law No. 69 governing the operation of taxis in the transportation market was put into effect back in 2011. In general, in this normative act, only ten articles are related to this type of activity. Changes have been made to them several times.
What a fine
According to the law, a fine for a taxi without a valid license is collected in the amount of 5 thousand rubles. However, in different cities and areas, the amount may differ markedly. For example, in the capital of the country 10,000 rubles will have to be paid for such an offense.
At the same time, if the car did not have any characteristic identification marks (it was not painted in a "checker", etc.), then the citizen driving it, transporting passengers for a fee, would have to pay only 3 thousand rubles.
At the same time, in certain situations, traffic police officers have the right to pick up license plates and evacuate the car to a parking lot.
Failure to issue a check after receiving payment from the passenger is also punishable by a fine in the amount of 1,000.
Illegal use of identification attributes typical for taxis entails a penalty of 5 thousand.
As you can see, the new sanctions against illegal immigrants have become much more severe. The fines have increased several times.
How to avoid fines
Currently, there is only one way not to fall into the category of offenders - to strictly follow the requirements of the law. Thus, a private carrier will need:
- register as an entrepreneur;
- buy permission (license);
- equip your car with all the accessories you need.
In this case, it is most correct to choose a simplified taxation system. All procedures will not take much time and will require expenses ranging from 20,000 to 30,000 rubles.
Procedure for obtaining a license
A permit document is issued at the transport department at the place of residence. You need to have the following with you:
- papers confirming the ownership of the car;
- technical passport;
- 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, which is valid for five years. This permitting document must contain:
- vehicle data;
- Full name of the owner;
- date of registration;
- serial number.
How much does a license cost? It will cost 5, a maximum of 10,000 rubles, depending on the region of the country. Most pay in Moscow.
Taxi requirements
To be sure of obtaining a license:
- the vehicle that you plan to use for private carriage must be brought into proper condition;
- at the same time, the driver's driving experience cannot be less than 5 years.
The machine is supplied with:
- distinctive markings confirming its belonging 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 lantern should be either orange or yellow. It is attached with 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 the attributes of the company on the body, including telephone number dispatching service.
At the same time, cars used as taxis are required to undergo an inspection every six months.
According to domestic legislation, the carriage of passengers without a license may result in fines. Their size depends on several factors, including the type of vehicle, the person (legal or natural), and the length of the ride without proper documentation.
Note! To obtain a license, an organization specializing in the transportation of people must have several cars, specialized drivers and service personnel in its fleet. In addition, a full set of documents is transferred to the governing bodies, which are evidence of compliance with the requirements.
Legal driving conditions
How private organization and an individual must comply with the following requirements:
- The carrier must be licensed to carry out activities related to passenger transportation. For registration, you must contact the profile Federal Service transport supervision. On the territory of each region there is a branch of the organization, so it will not be difficult to find it.
- Pre-order carriage is only carried out on condition that a charter contract has been drawn up. The parties are passengers and the organizer of transportation. As an exception, we can single out passenger cars operating according to the taxi scheme. In this case, the charter contract is concluded exclusively orally.
- If the carrier plans to carry out activities on a regular basis, when contacting the relevant authority, it is necessary to submit a route approval for verification. It is discussed together 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 the potential dangerous places on the way of the trip, the location of rest and food points, gas stations and hospitals.
Note! For the carriage of passengers, it is necessary to comply with the established requirements that are imposed by the relevant legislation of the Russian Federation.
It is also worth noting that with licensing, individuals will not be able to issue a permit in any way. Citizens must necessarily 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 the legalization of regular and ordered transportation, which is based on an increase in the amount of fines. In 2016, a bill was submitted to increase the amount of fines. However, now no one knows when it will be implemented in practice.
If, after imposing a fine, a physical or entity did 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 Administrative Code for a long time, it is used very often.
But even if this did not help, and the private organization continues to carry out illegal activities, the company may be restricted not only in the implementation of passenger transportation, but also not allowed to engage in other activities. The relevant authorities will conduct a comprehensive audit, within the framework of which a temporary suspension of activities with a mandatory freeze of bank accounts is possible.
Passengers
Due to the fact that citizens cannot tell the difference between legal and illegal carriers, illegal transportation passengers for the latter has less serious consequences. For example, the client may not receive a comprehensive service that is stipulated in the charter agreement. Accordingly, people cannot move further and get to the place they need.
Delays in delivery may also occur. This aspect is very relevant when using carriers operating on a regular basis, driving along a certain route.
Passengers get the opportunity to recover compensation for material and moral damage caused. In case of violation of the rules of cargo transportation, the conduct of activities may entail harm to human health.
Note! By concluding a fictitious lease, the transport company cannot be held liable for delivering people. Accordingly, if the document specifies the points according to which the payment of compensation is provided, it will be impossible to obtain it in practice.
Amounts of fines
So what is the penalty provided by law? Below we suggest that 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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