License to transport passengers by road. Transport Licensing Regulations

Transport activity is an important service sector involving the transportation of goods and passengers. This type of occupation, which is closely related to, and also affects the environment and, requires the relevant government agencies. Transport activities can only be carried out after training employees, passing specific checks and obtaining permission.

In what cases is licensing of transport activities required?

First, let's find out what types of transportation are subject to licensing. The list of activities in the transport sector that require licensing is constantly changing and being updated with new items. Today, it is mandatory to obtain permission (pass licensing) if an organization plans to engage in:

  • Transportation by road of more than 8 passengers (except for official needs and);
  • transportation of passengers and cargo by rail, sea and river transport;
  • commercial transportation of passengers in passenger vehicles;
  • transportation of goods over 3.5 tons (except for the official needs of individual entrepreneurs and legal entities);
  • loading and unloading of dangerous goods in ports and on railways;
  • air transportation of goods and passengers;
  • towing on water transport.

And although licensing of passenger transportation by road (motor), bus, sea and rail is an important topic for discussion, we will consider the procedure for licensing activities that are related to road transport services in the field of freight and passenger transportation.

A specialist will talk about the concept and features of passenger transportation licensing in the video below:

How licenses are issued

To obtain the necessary license, an organization must go through several steps and ensure compliance with important conditions that the state imposes on legal entities planning to engage in transport activities.

Responsible authorities

Rostransnadzor is responsible for licensing transport activities. It is to this government agency that the organization should submit documents if you plan to carry out commercial transportation of passengers and cargo.

In addition to approving and issuing licenses, Rostransnadzor also monitors the activities of those organizations that have been authorized to do so. , the organization's transport will lead to inspection by inspectors of this government agency and - possibly - revocation of the license.

The conditions for licensing activities for the transportation of passengers and goods are described below.

Conditions

A license for transport activities is issued to organizations only if they meet certain conditions. Such strictness in the control of legal entities is due to the importance of their work.

So, you can apply for licensing if:

  • You have your own or rented premises in which vehicle maintenance and repair will be carried out, or you have entered into an agreement with an organization that will do this;
  • you have on your staff certified, qualified, experienced drivers who have passed;
  • you have a licensed medical professional on your staff who will conduct pre- and post-trip checks of drivers (or you have entered into an agreement with a specialized organization);
  • you have the necessary vehicles and technical equipment that have been tested and approved for passenger transportation;
  • vehicles are equipped with means to control traffic, work and rest regimes;
  • vehicles are equipped with certified satellite navigation equipment;
  • motor transport.

We will talk about licensing of children's transportation in this video:

Required documents

To start the procedure for granting your organization a license, you should collect a package of documents for Rostransnadzor.

  1. Application in the prescribed form.
  2. Copies of TIN, tax registration and registration certificates of the organization. For individual entrepreneurs, instead of the last document, you will need.
  3. Copies of qualification and certification certificates of regular drivers.
  4. Copies of recent physical examinations of regular drivers.
  5. Information about the vehicle ( , and ).
  6. Certificate of ownership of the specified vehicles or.
  7. Certificate of ownership or lease agreement for the premises where vehicle maintenance and repair will be carried out.
  8. A diploma of education and a medical worker's license or an agreement with an organization that will conduct pre- and post-trip examinations of regular drivers.
  9. Notification of the inclusion of the organization’s vehicle in the Register of Categorized Transport Infrastructure.
  10. Receipt for 7500 rubles.

Statement

You can find the application form for a license on government services in the section dedicated to the activities of Rostransnadzor. There you can also check the list of documents required for filing an application.

The application indicates the name of the organization or individual entrepreneur, as well as other details important for verifying and filling out documentation. For each type of service that the organization plans to provide, you need to fill out an application form, collect a package of copies of documents, and also pay a state fee.

You can download the application form for a transportation license.

Application form for a transportation license

Application form for a transportation license - 1

Application form for a transportation license - 2

Application form for a transportation license - 3

Application form for a transportation license - 4

Application form for a transportation license – 5

Application form for a transportation license - 6

Stages of obtaining a permit

To obtain a license for transport activities, you need to collect the specified package of documents and take it to the Rostransnadzor office in your city.

  1. The submitted package is reviewed by the inspector and accepted.
  2. Rostransnadzor must respond to your application within two weeks. If your organization has not complied with the licensing conditions, or the documents contain errors, your permit will be denied in writing. Otherwise, the receipt procedure will go further.
  3. Within three days after making a positive decision, Rostransnadzor must provide the organization with a corresponding notification.
  4. If necessary, an examination of your organization's compliance with licensing conditions will be assigned. You will either bring the original documents to the Rostransnadzor office, or the commission will come directly to you for inspection and conversations with management, medical workers and drivers.

A completed license for transport activities is issued by Rostransnadzor no later than the 45th working day from the date of submission of the package of documents.

This video will tell you the dangers of transporting without a license:

Since September 1, 2011, in order to transport passengers by passenger vehicles, i.e., work as a taxi, the legislation of the Russian Federation requires a special permit.
A permit to carry out activities for the transportation of passengers and luggage by passenger taxi is issued for five years and confirms that its owner has the right to provide passenger transportation services.

Permission is issued onlyindividual entrepreneurs(IP) and legal entities (any form: LLC, JSC, etc.) for each vehicle used as a taxi, for a period of 5 years.

To obtain permission to transport passengers and luggage by taxi, you must:

Independently fill out an application electronically through the government services portal (www.pgu.mos.ru) for permission to transport passengers and luggage by taxi

You can obtain detailed information about the procedure for issuing permits to transport passengers on the website of the Moscow Department of Transport.

Below are the basic requirements for legal entities and individual entrepreneurs.

Requirements for a Legal Entity or Individual Entrepreneur:

1. Ownership or lease of vehicles intended for the provision of services for the transportation of passengers and luggage by taxi.

2. Providing technical repair and maintenance of taxis;

3. Monitoring the technical condition of passenger taxis before leaving the line;

4. Ensuring that taxi drivers undergo a pre-trip medical examination.

Requirements for a car used as a taxi:

1. Passing state technical inspection 2 times a year;

2. The presence on the body (side surfaces) of a colorographic scheme, which is a composition of squares of a contrasting color, arranged in a checkerboard pattern;

3. Compliance with a single body color scheme (for Moscow - yellow);

4. The presence of a yellow identification lamp on the roof;

5. Equipment with a taximeter;

Requirements for the driver of a car used as a taxi:

Driving experience in an organization engaged in taxi transportation for at least 3 years (confirmed by documents provided for by labor or civil legislation). Or a total driving experience of at least 5 years.

Responsibility for violating the rules for transporting passengers:

The absence of information in the cabin of a passenger taxi, provided for by the rules for transporting passengers and luggage by road and urban ground electric transport, entails a fine on the driver in the amount of 1,000 rubles; for officials - 10,000 rubles;
for legal entities - 30,000 rubles. Failure to issue a passenger with a cash receipt or a receipt in the form of a strict reporting form confirming payment for the use of a passenger taxi will entail a fine on the driver in the amount of 1,000 rubles; for officials - 10,000 rubles;
for legal entities - 30,000 rubles. The absence on a vehicle used for the provision of services for the transportation of passengers and luggage, the color graphic scheme of a passenger taxi and (or) an identification lamp on the roof of the specified vehicle shall entail a fine on the driver in the amount of 3,000 rubles; for officials - 10,000 rubles; for legal entities - 50,000 rubles.

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 passenger taxi entails a fine for the driver in the amount of 5,000 rubles.

These are just some of the types of administrative liability that are provided for violations in the field of passenger taxi transportation. In addition, Law No. 69-FZ changes and supplements penalties for violations related to compliance with rules and ensuring road safety.

Helpful information:

  • Rules for the transportation of passengers and luggage by road and urban ground electric transport

Transporting passengers on individual orders is a popular and quite profitable activity for small businesses, which can be started without any special expenses. Until 2011, private drivers provided serious competition to legal taxis. Private owners not only did not pay taxes and fees, but did not always provide the comfort and safety of passengers.

If you are interested in this line of business, then in our article you will find out whether a taxi license is needed, what will happen if you work as a taxi without a license, and how to get a taxi permit.

Permission or license

There is no separate federal law on taxis, but the basic requirements for organizing such transportation were established by the law of April 21, 2011 N 69-FZ. In order to control the activities of taxis, regional authorities are obliged to maintain registers of carriers and units of transport that have received the right to this line of activity.

What is the name of the document that legalizes the activity of a passenger taxi - a license or a permit? Some confusion in this matter is caused by the fact that a license for passenger transportation is indeed issued, but it has nothing to do with taxis.

The issuance of such a license is regulated by Decree of the Government of the Russian Federation of April 2, 2012 No. 280, and according to these rules, a license is issued only for regular transportation of passengers in urban, suburban and intercity traffic. That is, this is transportation along routes by vehicles with a capacity of more than 8 passenger seats, which are also called minibuses.

And if we talk about transportation ordered by private individuals, then, as such, a taxi license does not exist; instead, a permit is issued to carry out activities for the transportation of passengers. A license for passenger transportation and a taxi permit are not synonyms, and not the name of the same document.

If you want to obtain the legal opportunity to transport passengers and luggage in passenger vehicles according to individual orders, then you will need a permit to transport passengers by passenger taxi, and not a license.

This is, for example, what the form looks like for checking issued taxi permits in Moscow and the region. From it you can find out the availability of information in the register not only of carriers, but also of each unit of transport that is allowed to transport passengers. There are similar registers for each region.

Is it necessary to open an individual entrepreneur to operate a taxi?

Is it possible to get a taxi permit without opening an individual entrepreneur? No, it is not possible, permission is issued only to those individuals and organizations that are registered as a business entity.

A permit to transport taxi passengers (and this is only possible after registering an individual entrepreneur or LLC) can be obtained even if you have one car. Having received permission, you can connect to any dispatch service, including such a large one as Yandex taxi. In this case, you will always be provided with clients, but a certain percentage of revenue (about 15%) will have to be given away. Another option is to look for clients yourself, in which case you do not share with anyone.

To work in a taxi without registering as an individual entrepreneur or LLC, you need to get a job on the staff of a carrier company under an employment contract. Everything is standard here - ordinary work under an employment contract on a schedule and under the control of the employer with a salary.

If you find in an advertisement offers of assistance in obtaining a license for a taxi without an individual entrepreneur, then this is either fraud, or when you apply, it turns out that you can rent a car from a legal carrier that has a permit. This option is also called renting a taxi with a license, although we found out above that this is not entirely true.

For renting a car entered in the register, carriers with permission charge a fee - from 1,500 rubles per day. There are also options for paying the driver a certain percentage of the revenue. At the same time, the car belongs to and is registered with the carrier company, which is responsible for its maintenance.

How to obtain permission to transport passengers and luggage

Let us remind you that only a registered individual entrepreneur or organization can obtain a taxi permit. You must apply for permission from an authorized government agency (this may be the Ministry of Transport for the region or the Department of Roads and Transport).

A taxi permit is valid only in the territory of the region where it was issued, except in situations where the destination ordered by the passenger is outside this subject of the Russian Federation.

The application and other necessary documents can be submitted through the regional portal of state and municipal services, so you must obtain a password in advance to access the government services website.

A permit to operate a taxi is issued for a period of five years, in contrast to a license for passenger transportation, which is unlimited. As for the issuance fee, it depends on the region. In Moscow, permits are issued free of charge, in St. Petersburg for a nominal fee of 320 rubles.

The law of April 21, 2011 N 69-FZ does not impose any special requirements on transport; it is enough that the car has an orange identification lamp on the roof; color scheme (checkerboard); taximeter. As for the color of the car itself, this also depends on the region. For example, in Moscow there is also a special city law on taxis, which obliges them to have only a yellow body.

An applicant (individual entrepreneur or LLC) wishing to obtain a transportation permit must ensure the maintenance and repair of their vehicles, monitor their condition before leaving for the line, as well as the drivers undergoing a medical examination before the trip. A taxi driver can only be a person who has a total driving experience of at least three years.

The package of documents, in addition to the application itself, includes:

  • a copy of the passport of the applicant (entrepreneur or director of an LLC) or his representative;
  • copies of registration certificates of vehicles that will be used to transport passengers;
  • a copy of the leasing or rental agreement, if the vehicle is not owned by the applicant.

Answers to other questions about obtaining a taxi permit can be obtained on the regional websites of the authorized government agencies themselves. Here, for example, there is all the necessary information on Moscow.

Operating a taxi without a license or permit

For now, fines for transporting passengers without permission are not so high - 5,000 rubles under Art. 12.3 Code of Administrative Offenses of the Russian Federation. However, there is a nuance here that not everyone pays attention to. The commented article has the following wording: “...without permission...”.

That is, a fine of 5,000 rubles is collected if a permit was issued, but at the time of the inspection the driver did not have it with him. If a taxi permit was not issued at all, then the sanction for such an offense is indicated in Article Art. 14.1 Code of Administrative Offenses of the Russian Federation. It provides not only a fine of 2,000 to 2,500 rubles, but also the possible confiscation of a production tool, in this case a car. This opinion was expressed in the Review of Judicial Practice of the Supreme Court for the 4th quarter of 2013.

In addition, on the last day of last 2016, deputies introduced bill No. 69583-7, which tightens liability for operating a taxi without a permit. The bill has not yet even passed the first reading, but if it is adopted in the proposed version, the amount of administrative sanctions will be as follows:

  • for transporting passengers without a taxi permit: 30,000 rubles per driver, and in case of repeated violation - the same fine and deprivation of rights for a period of 3 to 6 months;
  • for transferring a transportation order to a driver who does not have a taxi permit, the dispatch service is punished with a fine of 350,000 to 450,000 rubles, and the official - in the amount of 45,000 rubles (instead of a fine, suspension of activities for a period of 14 to 90 days is possible).

Control over the activities of taxis is entrusted to police officers and government agencies in the field of road infrastructure and transport.

What it is

A taxi license is a permit to carry out transportation activities by passenger vehicles, issued by the authorized executive body of the relevant constituent entity of the Russian Federation (usually the Ministry of Transport), for a period of at least 5 years. To obtain a license, you do not need to pay a state fee, unless otherwise provided by acts of local authorities.

note, a license is issued for each vehicle used as a taxi. Only one permit can be issued per vehicle.

Licensing of taxi activities is regulated by Federal Law No. 69 of April 21, 2011.

The procedure for obtaining a license to transport passengers and luggage can be divided into 3 stages:

1. Decide on services

In this case, the activity of transporting passengers and luggage, including renting a car with a driver, is subject to licensing.

Taxis have the right to provide services only in the territory of the region in which the permit was obtained. Transportation in another subject is allowed, provided that the taxi delivery point was on the territory of the subject of the Russian Federation that issued the license, or an appropriate agreement on transportation rules was concluded between the regions.

2. We check compliance with licensing requirements

If you are just planning to start a business, you will need to open an LLC or register an individual entrepreneur and ensure compliance with the requirements.

In the event that the business is already operating and you decide to provide taxi services, you need to make changes to the OKVED of the LLC or individual entrepreneur, and also check the established requirements.

Note: You can get a taxi license without registration of individual entrepreneur or LLC, but only if you transport an unlimited number of passengers and are officially employed in a taxi service. In other words, if you get a job as a taxi driver, you will need a license, but registration as an individual entrepreneur (LLC) will not.

To obtain a license, there are requirements that are divided into 3 categories:

Requirements for a passenger taxi

  • on the body (side surfaces of the body) you need to place a color graphic scheme - a composition of squares of a contrasting color, arranged in a checkerboard pattern;
  • the taxi must comply with the established body colors (for example, for Moscow, yellow is a prerequisite);
  • An orange identification light must be placed on the roof;
  • A passenger taxi must be equipped with a taximeter if the fee for use is determined in accordance with its readings.

Requirements for a taxi driver

  • a total driving experience of at least three years.

Requirements for LLCs and individual entrepreneurs providing taxi services

  • provide maintenance and repair of passenger taxis;
  • carry out monitoring of the technical condition of passenger taxis before leaving the line;
  • ensure that taxi drivers undergo a pre-trip medical examination.

3. We submit the documents necessary to obtain a license

A special application (form for individual entrepreneurs or form for LLC) is submitted to the licensing authority and a package of documents is attached:

  • a copy of the identity document of the applicant (applicant's representative);
  • copies of vehicle registration certificates certified by the applicant;
  • a copy of the leasing agreement or rental agreement for a vehicle (if it is provided on the basis of these agreements), certified by the applicant, or a copy of a notarized power of attorney for the right to dispose of a vehicle (if the vehicle is provided on the basis of a notarized power of attorney).

note, despite the fact that, in accordance with Federal Law No. 69 of April 21, 2011, this list is exhaustive, authorized bodies usually require the presentation of additional documents - a copy of the registration certificate of the LLC (IP) and the certificate of registration with the Federal Tax Service.

Documents can be submitted electronically through the regional portal, or use paper.

Deadlines consideration of the application and issuance of a permit, as a rule, for Moscow - up to 10 days, for the region (other regions) - up to 30 days. The specific period is established in the regulations of the constituent entities of the Russian Federation.

If the applicant provides false information, the license may be refused. If a decision is made to refuse, the applicant is given, or sent by letter, a notice of refusal to issue a permit within no more than three days from the date of such a decision.

After obtaining a license

Having received a license, you have the right to begin providing services. The permit must be placed in the passenger compartment and upon the first request of the passenger, it must be presented for review.

Information about the issued license will be posted on the official website of the relevant authority that issued the permit (if not available, on the website of the subject of the Russian Federation).

Operating a taxi without a license

It is important to remember about possible scheduled and unscheduled inspections for compliance with legal requirements. If a violation of licensing requirements is detected, the company or individual entrepreneur is sent an order to eliminate them and a deadline is set (no more than 30 days). After eliminating the violations, you will need to send a report on the activities carried out and attach documents confirming compliance with the order. If this is not done, the permit may be suspended for up to one month.

Renewal of license

If, in the course of activity, changes are made to an LLC or individual entrepreneur, some such changes may entail the need to re-issue a license.

Changes that entail the need to re-issue a taxi license

  • changing the state registration plate of a vehicle;
  • change of LLC name, location;
  • change of last name, first name and patronymic of the individual entrepreneur, place of residence, details of his identity document;
  • LLC reorganization.

The cost of the state duty for re-registration is set by a specific subject of the Russian Federation.

In order to strengthen the legal regime for the operation of certain types of transport and establish additional state control in the field of transportation, licensing of transport activities is used in the Russian Federation. The essence of this licensing mechanism is the issuance of a document on the basis of which permission is granted to use the vehicle for a certain type of transportation.

This issue affects the scope of activity and regulation of the transport services market, has distinctive features of the legal regime and the established procedure for obtaining such a license. We will analyze in detail the key issues of licensing and certain types of transportation (primarily passengers and cargo), and also consider the regime for regulating transport issues on the territory of the Russian Federation.

Let's understand the Federal Law "On licensing of certain types of activities" dated May 4, 2011 No. 99-FZ

The key regulator of licensing of transport activities on the territory of the Russian Federation is the Federal Law “On Licensing of Certain Types of Activities” dated May 4, 2011 No. 99-FZ ( Further- Law No. 99-FZ). The following key issues are resolved within the framework of Law No. 99-FZ:

  • the activities of state licensing bodies are regulated (Article 7);
  • the types of services in the field of transport that require a license are determined (Article 12);
  • the procedure for acquiring a license has been established (Articles 13-14);
  • the procedure for organizing control over licensing of transport transportation is regulated (Article 19);
  • the basics of functioning of a single information resource - the register for issuing a license - have been determined.

In general, the issue of licensing concerns the following types of transport of passengers and cargo:

  • in inland water transport;
  • by air transport;
  • road transport;
  • railway transport;
  • on maritime transport.

It should be noted that at the moment only the established list of transport-related services is licensed on the territory of the Russian Federation. The sphere of transportation of passengers and goods requires obtaining a license only if the activity is carried out by rail, air, water (including on sea vessels) modes of transport.

Transportation of passengers

The issue of transporting passengers by road is carried out on the basis of a license only if there are more than 8 seats in the car, with the exception of performing such work on orders or to meet one’s own needs (both a company and an individual entrepreneur).

Obtaining a license to engage in transport activities is of an application nature. An application on behalf of a legal entity or individual entrepreneur must be submitted to the licensing authority. The application must be accompanied by a package of documents with an inventory, the list of which depends on the type of licensed activity.

The issue of certification of transport activities within the framework of the Federal Law “On Technical Regulation” dated December 27, 2002 No. 184-FZ concerns standards for confirming that a specific object related to transport activities complies with official standards adopted in the territory of the Russian Federation. For example, it is necessary to confirm the conformity of the quality of urban and suburban transport cars and electric transport before direct operation.

Cargo transportation or freight forwarding activities

Freight forwarding activities are the provision of services in the field of cargo transportation. A feature of this type of activity is the responsibility of the forwarder to accept the cargo, transport, deliver and perform a number of additional duties related to transportation. Additional responsibilities established within the framework of the transport expedition agreement are accepted to fulfill the customer’s needs, for example, for storing cargo, going through customs procedures, etc.

In accordance with the current version of Art. 12 of Law No. 99-FZ, the list of types of activities requiring a license does not contain any mention of transport and forwarding activities, and this is due to changes in the provisions of the Federal Law “On Road Safety” dated December 10, 1995 No. 196-FZ. The fact is that in the version of the presented law, until January 12, 2003, there was Article 7, according to which transport forwarding services belonged to one of several types of activities related to road safety. In accordance with this provision, an obligation to license this type of activity was provided. Currently, this article 7 of the law in question has lost force. Thus, in accordance with current legislation, transport and forwarding activities in the Russian Federation do not require licensing.

How does transportation licensing work in the Russian Federation?

Summarizing the above, we will highlight the key points based on what criteria and how transportation is licensed in the Russian Federation.

The license is issued by the authorized territorial licensing body and is carried out at the request of the interested person, if such services are subject to licensing.

Note!

Transportation of goods by road on the territory of the Russian Federation does not participate in licensing, as well as transportation of passengers up to 8 people, or to meet their own needs.

It is necessary to take responsibility for the implementation of the types of activities specified by Law No. 99-FZ, to obtain licenses in a timely manner, information on which must be included in the state information register. The importance of this procedure lies in the increased degree of danger associated with the involvement in the implementation of activities of an object of increased danger - a vehicle.

If you have no experience in carrying out the licensing procedure, we strongly recommend that you use the services of specialized specialists who will help you collect the required package of documents, draw up an application and send it to the territorial licensing authority.

Request for legal services is accompanied by payment of remuneration established by a bilateral agreement. The cost of services will depend on the scope of the proposed work, the lawyer’s time spent, his experience and reputation, as well as the region where the services are provided. Obviously, in Moscow the amount of remuneration will be significantly higher than in the periphery, which is due to the higher standard of living of the working population.

Please note that there is no need to contact a lawyer in person for advice on licensing transport activities - such assistance can be provided remotely. Our legal resource has the ability to provide online consultations in a short time, and our qualified lawyers will help you carry out the licensing procedure within the framework of current legislation.