In case of non-fulfillment of a significant part of the contract. Material breach of contract
The amounts of fines for drivers are growing like a snowball. Only for driving a taxi without a license can you get a receipt for five digit payment. Don't believe me, consider yourself.
Grounds for imposing a fine
The following documents govern the relationship between drivers, passengers and regulatory authorities:
- Federal Law of the Russian Federation No. 99 of 05/04/2011"On Licensing Certain Types of Activities";
- Code of Administrative Offenses (KOAP). Articles 11.4 and 12.3 regulate penalties.
Features of the procedure
A fine for a taxi driver who does not have a license is issued by the traffic police inspector, in the event that he there is strong evidence of violation. The driver has the right to appeal the decision by going to court, or reduce the amount by paying amounts within 20 days from the date of punishment.
The amount of the fine in 2017
Insanity grows stronger, the size of the punishment for the lack of a license to transport passengers is growing every year. In 2017, the amount of the fine is 10 000 in the city of Moscow and 5 000 rubles in other cities and regions of Russia.
The license also becomes only more expensive, and the prices remain the same, d orogs in disrepair. At the same time, the Government of the Russian Federation threatens to toughen the punishment even more, the State Duma proposes to increase the fines by six times. Carrying passengers without a license will cost 30 000 rubles.
In addition, already now they can additionally be fined for:
- driving without identification marks on the 3 000 rubles;
- illegal installation identification lamp or color printing – 5 000 rubles;
- failure to issue a check to the client - 1 000 rubles;
By decision of the traffic police officer, they have the right to remove the license plate from the car and send it to the impound.
Life hack: how to avoid a fine
When stopping a taxi by traffic police, say that you picked up a fellow traveler on the way. Sometimes this technique works because the transportation of citizens "voting" on the roads is not an illegal activity.
Controversial situations in judicial practice
A good half of disputes between carriers and regulatory authorities are resolved in court. There are many examples on the topic.
Dispute No. 1: Krasnoyarsk. The driver is carrying a citizen in a passenger car. The representative of the traffic police proves that the driver is engaged private transport without a license. The defendant managed to argue that the passenger did not pay for the fare, this argument was taken into account by the court. Based on the testimony of the passenger and the lack of evidence base for the plaintiff, the decision ruled in favor of the driver. The ticket has been cancelled.
I work as a taxi driver. When transporting a passenger, I was stopped by a traffic police officer and demanded to show permission to carry out my activities. But I didn't have permission. I was fined 5,000 rubles. Is it legal?
- Question: No. 1163 from: -0001-11-30.
Hello, regarding your question, we would like to inform you that:
In accordance with Part 1 of Art. 9 of the Federal Law of April 21, 2011 N 69-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" (hereinafter Federal Law No. 69), activities for the transportation of passengers and luggage by passenger taxis on the territory of a constituent entity of the Russian Federation are carried out subject to receipt by a legal entity or individual entrepreneur permission to carry out activities for the transportation of passengers and luggage by passenger taxis issued by the authorized executive body of the relevant subject of the Russian Federation (hereinafter referred to as the authorized body). A permit to carry out activities for the transportation of passengers and luggage by passenger taxi (hereinafter referred to as the permit) is issued for a period of at least five years on the basis of an application from a legal entity or an individual entrepreneur submitted in the form of an electronic document using the regional portal of state and municipal services or a document on paper . Thus, a license is required to operate as a taxi.
According to part 3 of the Federal Law No. 69, a permit is issued for each vehicle used as a passenger taxi. In relation to one vehicle, regardless of the legal basis for the applicant's ownership of vehicles that are intended to be used as a passenger taxi, only one permit can be issued. Those. for each car that is used to operate a taxi, you must obtain a permit.
By virtue of clause 2.1.1 of the Decree of the Government of the Russian Federation of October 23, 1993 N 1090 “On the Rules of the Road”, the driver of a power-driven vehicle is obliged to carry and, at the request of the police officers, transfer to them, for verification in established cases, a permit to carry out passenger transportation activities and baggage by passenger taxi, waybill, license card and documents for the transported cargo, and when transporting oversized, heavy and dangerous goods - the documents provided for by the rules for the transportation of these goods.
In accordance with Part 7 of Art. 9 of Federal Law No. 69, the permit must be in the cabin of a passenger taxi and presented at the request of a passenger, an official of an authorized body or an employee of the state traffic safety inspectorate. Therefore, you are obliged to keep the permission to operate a taxi on a particular car in the cabin of this car.
Now let's move on to responsibility for not having a permit to carry out activities.
According to part 2.1 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, the carriage of passengers and baggage by a passenger vehicle used to provide services for the transportation of passengers and baggage, by a driver who does not have a permit to carry out activities for the transportation of passengers and baggage by a passenger taxi - entails the imposition of an administrative fine on the driver in the amount of five thousand rubles.
Thus, if you have a permit for a car to work in a taxi, but at the time the traffic police officer demanded that you present it, you did not have it, then you may be held liable under Part 2.1 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation.
By virtue of h. 2 Article. 14.2 of the Code of Administrative Offenses of the Russian Federation, carrying out entrepreneurial activities without a special permit (license), if such a permit (such license) is mandatory (mandatory), - shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles with confiscation of manufactured products, production tools and raw materials or not.
Thus, if you have not received a permit at all to engage in taxi activities, then you are liable under this article.
This position is confirmed by the "Review of the judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2013", approved by the Presidium of the Supreme Court of the Russian Federation on June 04, 2014 (hereinafter referred to as the "Review of judicial practice").
In its “Review of Judicial Practice”, the Presidium of the RF Armed Forces indicated that the actions of a driver carrying passengers and luggage by passenger taxi, in the absence of a previously obtained permit for such activities, are subject to qualification under Part 2.1 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation.
In the case when a person is engaged in the transportation of passengers and luggage by a passenger vehicle, but has not received an appropriate permit to carry out such activities, his actions, if there is evidence confirming the fact that this person is engaged in activities aimed at systematic profit (entrepreneurial activity), should be qualified according to part 2 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation.
So, in order to carry out the activities of transporting passengers and luggage as a taxi, you need to obtain permission. A permit is issued for each vehicle that will be used for this activity. If, when checking documents by a traffic police officer, you did not have this permit with you (for example, you forgot it at home), then you are subject to administrative liability in the form of a fine of 5,000 rubles. If you do not have this permission at all, i.e. If you did not receive it, then you are subject to liability in the form of a fine in the amount of 2,000 to 2,500 rubles, but confiscation of the instrument of production, that is, a car, is possible, which is unlikely.
Attention! The information provided in the article is current at the time of its publication.
Since 2012, new rules have been introduced for the provision of passenger transportation services using taxis. According to the new legislation, only one has the right to transport passengers, and the car is equipped with everything necessary:
- identification lights and checkers;
- painted in the color characteristic of taxis;
- taximeter;
- rules for the carriage of passengers.
In addition, at the request of the passenger, the taxi driver will have to give him a check or a handwritten receipt on a special form. Taxis must have seat belts. For transportation of children under 12 years of age, a child seat must be provided if children are transported in the front seat.
Accordingly, for non-compliance with all these requirements, the taxi driver is waiting for penalties.
Firstly, for the illegal transportation of people, the all-Russian fine is 5,000, although in some cities this amount can be much higher, for example, in Moscow - 10,000 rubles. Based on this, it will be cheaper to formalize, for this you need to obtain an IP certificate, obtain a license and equip the car with everything necessary, all this will cost about 20 thousand rubles.
If the driver does not have a permit, but a taxi lamp is installed on his car, according to Article 12.4 Part 2, he will face a severe punishment - 5 thousand rubles, removal of numbers and a ban on using the car. The same punishment will follow for the application of drawings characteristic of a taxi on a car body.
Separately, fines for non-compliance with the rules for transporting passengers are considered. So, if the taxi driver does not give the passenger a check or if there is no sheet with the rules for transporting passengers in the cabin, then you will have to pay 1000 rubles.
If the driver provides transportation services in a car without identification lights and characteristic checkers, then the fine will be 3,000 rubles. Although it is quite difficult to prove that the driver is engaged in transportation on an ongoing basis. You can always get out by saying that these are simple fellow travelers, and no one forbids picking up fellow travelers.
According to domestic legislation, the transportation of passengers without a license can lead to fines. Their size depends on several factors, including the type of vehicle, the person (legal or natural), as well as the duration of driving without proper documentation.
Note! To obtain a license, an organization specializing in the transportation of people is required to have several vehicles, specialized drivers and service personnel in its fleet. In addition, a full set of documents is submitted to the governing bodies, which is evidence of compliance with the requirements.
Legal driving conditions
Both a private organization and an individual are required to comply with the following requirements:
- The carrier must have a license to carry out activities related to passenger transportation. For registration, you must contact the relevant Federal Service for Transport Supervision. On the territory of each region there is a branch of the organization, so it will not be difficult to find it.
- Transportation carried out according to the pre-order scheme is carried out only on condition that a charter agreement has been drawn up. The parties are the passengers and the organizer of the transportation. As an exception, cars operating under the taxi scheme can be distinguished. In this case, the charter agreement is concluded exclusively orally.
- If the carrier plans to operate 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 coordination, 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 potentially dangerous places along the way, 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 when 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 carriage as illegal. In this case, the person will be punished.
What are the consequences
The state government is doing everything possible to simplify the legalization scheme for regular and custom transportation, which is based on an increase in the amount of fines. In 2016, a bill was introduced to increase the amount of fines. However, now no one knows when it will be implemented in practice.
If, after imposing a fine, an individual or legal 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 Code of Administrative Offenses for a long time, it is used very often.
But even if this did not help, and the private organization continues to conduct illegal activities, the company may be limited 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 stop of activities with a mandatory freezing of bank accounts is possible.
Passengers
Due to the fact that citizens cannot tell the difference between legal and illegal carriers, the illegal transportation of passengers for the latter has less serious consequences. So, for example, the client may not receive a comprehensive service, which is provided for in the charter agreement. Accordingly, people cannot move further and get to the place they need.
There may also be delays in delivery. This aspect is very relevant when using carriers operating on a regular basis, riding on a specific route.
Passengers get the opportunity to recover compensation for the material and moral damage caused. In case of violation of the rules of cargo transportation, the conduct of activities may result in harm to human health.
Note! Having entered into a fictitious lease agreement, the transport company cannot be held liable for the delivery of people. Accordingly, if the document contains clauses according to which the payment of compensation is provided, it will be impossible to receive it in practice.
Amounts of fines
So what is the legal penalty? Below are the lists:
- buses: for an individual - from 5 to 50 thousand rubles, for legal entities - from 100 thousand to 1,000,000 rubles;
- taxi: for an individual - from 5 to 50 thousand rubles, legal - from 100 to 400 thousand rubles;
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