Today I decided to pay attention to such an aspect of our life as public transport... We all have to travel by buses, minibuses, trains, some more often, some less often, but everyone. If the situation with urban transport is transparent: entrepreneurs have legally drawn up routes and are conscientiously transporting passengers, then with intercity traffic the matter is much more obscure. 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, everything for the benefit of passengers, that is, you and me. But not everything is so simple. Where there is grain, there are mice. It's 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 we are getting into the minibus of an ordinary "bombily". It's a pity. Because by our indifference, we contribute to theft from the city, from the state, but from us with you. How is the person who takes bribes different from the one who gives them? Nothing. Both are breaking the law. And, if we really 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 and illegal carriers?
The legal carrier for the route is determined by the results of a competitive selection, which selects vehicles with the best technical characteristics and appropriate passenger safety. Before the flight, 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 along the route and strictly in 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 recorders inside the cabin. Embarkation and disembarkation of passengers takes place strictly at bus stations and stopping complexes determined by the route.
Have illegal carriers everything is exactly the opposite. And to avoid responsibility, they operate flights under the guise of "custom". At the same time, you don't need a lot of intelligence to understand that no one ordered them. The only possible plus for passengers, and even then not always, is a lower fare than that of legal carriers. This is understandable, since not a penny comes 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 administration website.
Finally, I would like to note that in the very near future a commission will start working, made up of officials 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 the raids is the real detentions of poachers. I am sure that the Transport Commission will work with the same success. So, dear gentlemen, illegal immigrants, do not say that we did not warn you.
Perhaps many still have old stereotypes of understanding the taxi driver's work. Someone else lives in those times when it was possible to throw a "checkered" on the roof of a car with almost impunity and without any special permits 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 becoming tougher and growing.
What a taxi driver needs for legal work
Of course, if you drive fellow travelers from time to time and earn money on an irregular basis, you can hardly be "spotted" 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.
In the Rules road traffic RF states that the driver of a power-driven vehicle is obliged (2.1 SDA) to have with him and, at the request of police officers, to hand them over for verification (2.1.1 SDA): in established cases, permission to carry out activities for the transportation of passengers and luggage by passenger taxis.
Thus, when working as a taxi driver, you must have a permit or license. To get it, you first need to obtain 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 staff. If it is necessary to open a company engaged in the transportation of passengers, then you will have to register as a legal entity.
Only after that, you can apply for a license and calmly engage in the transportation of passengers. Of course, not everyone considers it obligatory to legalize their work, engage in paperwork and pay for a taxi permit, but you should know that a fine for an illegal taxi, and if it is repeated, is able to convince everyone.
What is the fine for working in a taxi without a license in 2018
It should be noted that in the context of the fight against illegal taxi drivers, the legislature did not skimp on a wide variety of administrative penalties. For the absence of the 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. Management vehicle by a driver who does not have with him the documents provided for by the Traffic Rules:
The carriage of passengers and baggage by a passenger vehicle used to provide services for the carriage of passengers and baggage by a driver who does not have a permit to carry out activities related to 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. "
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 obtained even more stringent. For example, Article 14.1.2 Part 1 "Carrying out entrepreneurial activity 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 - entails 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 a private taxi driver 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 Administrative Code. In addition, in this article, individual entrepreneurs and legal entities are also subject to collection. This difference in fines once again convinces us 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 provided for in Part 1 of Article 14.1.2 - entails the imposition of an administrative fine on citizens in the amount of fifty thousand rubles with the confiscation of the vehicle; for officials - fifty thousand rubles; for individual entrepreneurs - one hundred thousand rubles with the confiscation of the vehicle; for legal entities - four hundred thousand rubles with confiscation of a vehicle or administrative suspension of activities for up to ninety days.
Violation of the rules for transportation by passenger taxis
Illegal activity in the mode of a passenger taxi on an ongoing basis still presupposes 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 tacit statement that you are engaged in entrepreneurial activity, that is, as a cab. Therefore, in accordance with clause 5 (1) of the 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 Obligations 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-graphic scheme on the body (side surfaces of the body), which is a composition of squares of contrasting color, arranged in a checkerboard pattern, and on the roof - an orange identification lamp (p. 5 (1) introduced by the 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 Administrative Code:
"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 - 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.
Failure to issue 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 - 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 the vehicle used for the provision of services for the transportation of passengers and luggage, the color scheme of a passenger taxi and (or) an identification lamp on the roof of the specified vehicle - entails 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. "
Is Uber the way out for unlicensed taxi drivers?
Discussing 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. Released in the USA in 2009, the service for finding private taxi drivers is today 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 a 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 with the law could not but cause indignation of the authorities in a number of countries and their cities. The app was subject to numerous fines and even a complete ban. For example, in Moscow, even licensed taxi drivers expressed indignation with this service, since "shadow" carriers made significant competition for them, working at lower rates. In 2015, an agreement was reached between the Moscow Transport Department and Uber to conclude an agreement on using 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 the threat of a ban in Moscow.
Thus, the entire system of fines aimed at combating illegal taxi drivers makes it senseless to try to bypass the law. Even mobile app Uber is gradually being introduced into the restrictive framework of Russian laws. Of course, you can hope for luck and expect that administrative sanctions will be bypassed. However, it is just a matter of time before the next traffic police inspector decides to stop you and check that 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 toughen the liability.
This year, the State Duma of the Russian Federation may adopt amendments to Federal Law No. 69, which regulates the activities of transporting passengers and luggage by passenger taxis on the territory of a constituent entity of the Russian Federation, which entered into force in September 2011. So, in particular, it is planned to increase the responsibility for carrying out activities for the transportation of passenger taxis, which, if the bill is adopted, should increase from 5,000 to 30,000 rubles.
In the event 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 deputies of the State Duma decide to change the existing ones, which regulate the activities of taxis in our country, when the federal law №69 is quite new by today's standards?
Our online edition decided to take a closer look at this. Also, traditionally, we publish answers to all the most common questions that road users may have.
The law on the activities of passenger taxi carriers in our country was adopted in 2011. Unfortunately, in the opinion of the deputies, it does not contribute to a massive exit from the shadow of illegal carriers. Initially, it was assumed that the adoption of a new law on taxis would increase the number of legal taxi drivers. Thus, responsibility was introduced for the illegal installation of an orange identification taxi lamp on the roof of a car and for the application of color stripes indicating a taxi car (checkers, etc.) to the side of the vehicle.
Also, Federal Law No. 69 simplified the procedure for obtaining a permit for obtaining the right to legally engage in passenger taxi transportation. Despite all these measures, the law is currently ineffective.
Most of the taxi drivers have not left the shadows. Most have removed identification lights and other external attributes of taxis from their vehicles and continue to operate illegally without fear of being fined for illegal taxi activities. In such a situation, the traffic police are not entitled to issue a fine. In order to catch an illegal cab driver, it is necessary, together with the OBEP authorities and the Tax Service, to carry out test purchases, which would prove the fact of receipt Money for illegal carriage.
It is not realistic to massively check and suppress such activities. Therefore, many deputies believe that the law on the activities of taxis needs to be changed, increasing liability for illegal taxi transportation, while reducing fines for legal taxi carriers.
According to legislators, the share of illegal taxi carriers in our country is 50-60 percent. Therefore, most likely this year, the State Duma will adopt a new law on state regulation of activities for the transportation of passengers and luggage by passenger taxis in the Russian Federation and amendments to certain legislative acts of the Russian Federation (bill No. 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 of this year, the authorities of the constituent entities of the Russian Federation have the right to introduce a requirement for the mandatory color of the car, in the case of mandatory state support for carriers who have received permits for passenger taxi transportation.
That is, additional requirements for body color may be established as conditions for obtaining state support.
of a 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
luggage by a passenger taxi.
Support may include financial assistance, the creation of special taxi ranks, permission to move around, and more. What does this mean in practice? If the bill is passed, the requirement for a mandatory color of a taxi car would be illegal. But in order to receive preferences from the state, the local authorities of the region may demand in exchange for painting the car.
Traditionally, in the end, we clarify some points in the new Taxi Law, which may come into force on January 1, 2015.
Is it obligatory to equip a taxi car with Glonass equipment?
According to the new Taxi Law, vehicles used to transport passengers and luggage by passenger taxis are not subject to the requirements of mandatory equipping with additional equipment in the form of tachographs and GLONASS satellite navigation equipment.
What experience must a driver have to obtain a permit for passenger taxi transportation?
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 rubles; 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 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 road and urban land electric transport, -
shall entail 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. 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 the payment for using a passenger taxi, -
shall entail the imposition of an administrative fine on the driver in the amount of one thousand rubles; on officials - five thousand rubles ; for legal entities - ten 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 one thousand rubles; on officials - three thousand rubles ; for legal entities - ten thousand rubles .»;
What new fines await illegal taxi drivers?
In accordance with the new law "On the regulation of taxi activities in the Russian Federation, for illegal taxi carriers", it is envisaged to increase liability for illegal transportation.
Now:
Three thousand rubles with the confiscation of the indicated devices and devices from fifteen thousand to twenty thousand rubles with the confiscation of the indicated devices and devices; for legal entities - from four hundred thousand to five hundred thousand rubles with the confiscation of the specified devices and devices.
2. Installation on a vehicle without appropriate permission of devices for supplying special light or sound signals (except for 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 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. Violating the rules for installing devices on a vehicle for supplying special light or sound signals, or illegally applying special color schemes for cars of operational services, a color scheme for 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 reflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions for the admission of vehicles to operation and the duties of officials to ensure road safety movement, -
2. Installation on a vehicle without appropriate permission of devices for supplying special light or sound signals (with the exception of burglar alarms) or illegal installation on a vehicle identification light of a passenger taxi, -
shall entail the imposition of an administrative fine on citizens in the amount of with the confiscation of these devices; on officials responsible for the operation of vehicles - from thirty to fifty 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 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 liability 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 rubles.
4.1 ... 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 the confiscation of the subject of an administrative offense.
5. The use of devices for the delivery of special light or sound signals (with the exception of burglar alarms), installed without the appropriate permission, while driving a vehicle -
shall entail the deprivation of the right to drive vehicles for a period of one and a half to two years with the confiscation of these devices.
6. Driving a vehicle, on the outer surfaces of which special color schemes of vehicles of operational services are illegally applied, -
shall entail deprivation of the right to drive vehicles for a period from one to one and a half years.
7. Driving a vehicle, on which the color-graphic 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 .
Will become:
Article 12.5. Administrative Code of the Russian Federation "Driving 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 on the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a 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 rubles.
2. Driving a vehicle with a knowingly faulty braking system (except for 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 rubles.
3. Driving a vehicle on the front of which there are light devices with red lights or red reflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions on the admission of vehicles to operation and the duties of officials for ensuring road safety, -
shall entail the deprivation of the right to drive vehicles for a period from six months to one year with the confiscation of the said devices and devices.
3.1. Driving a vehicle on which glasses are installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements of technical regulations on the safety of wheeled vehicles -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.
4. Driving a vehicle on which devices for giving special light or sound signals (except for burglar alarms) are installed without the appropriate permission -
shall entail the deprivation of the right to drive vehicles for a period of one to one and a half years with the confiscation of the said devices.
4.1. Driving a vehicle on which an identification lamp of a passenger taxi is illegally installed -
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 earning money by private carriage 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 liability and penalties for a private taxi 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 Offenses 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 size of the 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 position 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 not issuing 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 (a lamp), but the car was not painted in the prescribed color, there were no transportation rules in the car, 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 the payment of 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 due to 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.
