The State Council of Udmurtia submitted to the State Duma a bill on the administrative responsibility of the carrier for sending the same vehicle used for transporting passengers and luggage on order, more three times from the same place for a month. The package of documents was published on Friday in the electronic database of the lower house of parliament.

The document states that recently in the country the problem of accidents as a result of mass transportation, a significant part of which is carried out under the guise of customized transportation, has significantly worsened.

At the same time, regular transportation is usually carried out by “illegal carriers” under the guise of irregular transportation, with an increased risk for passengers (since during their implementation transport security passenger pick-up and drop-off areas are not properly secured, and vehicles and their drivers do not undergo appropriate controls and checks) and contain signs of unfair competition in relation to legal scheduled carriers.

In this regard, the State Council of Udmurtia proposed to impose a fine on citizens in the amount of 3-4 thousand rubles, on officials, as well as on entrepreneurs operating without education for sending the same vehicle more than three times within a month without proper approval. legal entity, - 80-100 thousand rubles, for legal entities - 100-200 thousand rubles.

The draft notes the need to introduce appropriate responsibility at the federal level in order to solve the problem under consideration as a whole in the country, and not in individual regions.

Gr. case No. 2-1043/2016

SOLUTION

In the name Russian Federation

Kalachevsky District Court of the Volgograd Region, composed of the presiding federal judge O.A. Zaporozhskaya, with secretary E.B. Savenkova, having considered in open court in the city of Kalach-on-Don on June 23, 2016 the case at the request of the prosecutor Central region Volgograd, acting in the interests of an indefinite number of persons to the individual entrepreneur M.V. Solovyov. on recognizing the activities of organizing regular transportation as illegal and prohibiting these activities,

Installed:

The prosecutor of the Central District of the city of Volgograd, in the interests of an indefinite number of persons, filed a lawsuit against individual entrepreneur M.V. Solovyov (hereinafter referred to as IP Solovyov M.V.) to recognize the activities of organizing regular transportation as illegal and to prohibit these activities.

In support of the stated claims, the plaintiff indicated the following.

The Prosecutor's Office of the Central District of the city of Volgograd carried out an inspection of compliance with the law when organizing the transportation of passengers and luggage by road, during which it was established that the individual entrepreneur M.V. Soloviev, having the right to transport passengers and luggage only upon request, actually carries out regular transportation of passengers and luggage along the Kalach-Volgograd route, which leads to destabilization transport services, the outflow of passengers from legal carriers and the deterioration of their economic situation.

The plaintiff, assistant prosecutor of the Kalachevsky district of the Volgograd region, Gadzhiev D.D., acting on the instructions of the prosecutor of the Central district of Volgograd, supported the claims, asked the court to recognize the activities of individual entrepreneur M.V. Solovyov. for the organization and transportation of passengers by road along the route “Kalach - Volgograd” with regular transportation of passengers and luggage, recognize the activities of IP Solovyova M.V. for the organization and transportation of passengers by road along the route “G. Kalach - Volgograd” is illegal, banning it, he explained the circumstances set out in the claim.

Defendant IP Soloviev M.V. did not appear at the court hearing, was duly notified of the hearing of the case, and did not inform the court about the reasons for his failure to appear.

Representative of the defendant IP Solovyova M.V. - Dronova S.G., acting on the basis of a power of attorney (ld. 68), objected to the satisfaction of the plaintiff’s claims, explained to the court that the activities of the individual entrepreneur M.V. Solovyova is carried out in strict accordance with current legislation and in accordance with paragraphs 98.99 100 and 101 of the Government Decree of the Russian Federation of February 14, 2009 No. 112 On approval of the rules for the transportation of passengers and luggage by road transport and urban ground electric transport.

The legislator allows for two types of transportation: regular and registered. Both customized and regular transportation are carried out through an offer. In particular, within the framework of the charter agreement, which has not been disputed by anyone and is valid to this day, concluded between individual entrepreneur M.V. Solovyov. and LLC "OKGN", systematic customized transportation is carried out through a public commercial offer implemented by agents of LLC "OKGN". Thus, there is a formation from an indefinite circle of persons into a specific one, the transportation of which is subsequently carried out by the specified parties. At the same time, in accordance with clause 92 of the Rules for the Transportation of Passengers, boarding of these persons into the vehicle is carried out in accordance with the boarding passes issued to them when creating the list of passengers.

The presence of “signs”, the route, and the point of delivery of the vehicle does not violate the current legislation on the transportation of passengers by road and does not violate the rights and interests of an indefinite number of persons.

The prosecutor's office did not provide evidence of violation by the defendant of security issues when transporting citizens; in general, the statement of claim is based on conjectures and assumptions, which contradicts the provisions of Art. , . In a lawsuit he asks the prosecutor of the Central District of Volgograd, acting in the interests of an indefinite number of persons, to individual entrepreneur M.V. Solovyov. to recognize the activities of organizing regular transportation as illegal and to prohibit these activities; refuse.

The representative of a third party who does not make independent claims on the subject of the dispute, LLC "OKGN" Kulikovsky D.V., acting on the basis of a power of attorney (case file 86), objected to the satisfaction of the claims of the prosecutor of the Central District of Volgograd, acting in the interests of an unidentified circle of persons to IP Solovyov M.V. on recognizing the activity of organizing regular transportation as illegal and prohibiting this activity, since the plaintiff has not provided evidence of the defendant carrying out regular transportation under the guise of a registered one, requests that the claim be dismissed.

After listening to the parties and representatives, and examining the materials of the civil case, the court comes to the following conclusion.

DECIDED:

In satisfying the claims of the prosecutor of the Central District of the city of Volgograd, acting in the interests of an indefinite number of persons, against the individual entrepreneur M.V. Solovyov. on recognizing the activities of organizing regular transportation as illegal and prohibiting these activities - refuse.

An appeal against the court decision may be filed within a month from the date of the court decision in final form to the Volgograd Regional Court through the Kalachevsky District Court.

Presiding

Federal Judge:

Court:

Kalachevsky District Court ( Volgograd region)

Plaintiffs:

Prosecutor of the Central District of Volgograd

One of the most common types of services in Russia for transporting people on roads are custom ones. These include flights within the city, suburban and.

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They are used for personal purposes, for going to events, excursions, for tourist trips. In order to control traffic safety, standards have been created at the legislative level, which are taken into account already at the stage of obtaining permission for the relevant activity.

Definition

Passenger transportation is a type of service that delivers a passenger from the point of departure to the final destination of the vehicle. They relate to commercial flights, since a legal entity or individual entrepreneur receives material benefits for this.

For this reason, to operate flights on an ongoing basis or on request, the carrier must obtain a license, and the vehicle itself must be equipped with a digital tachograph and a location determination system.

Rules for customized transportation of passengers by bus

The main requirement for carriers operating passenger flights is the safety of all road users, including people and luggage in the cabin. This is regulated by the legislation of the Russian Federation: Federal Law No. 196 of December 10, 1995, as amended. July 26, 2017

To organize transportation by bus, a written charter agreement is required in accordance with Chapter 4 as amended. from 07/03/2016

The rules of transportation themselves were approved by the editor. 04/28/2015 The main requirements are for the vehicle itself and its serviceability.

It should contain:

Information about the interested parties signing the document.
Type of vehicle, number of vehicles.
Route and departure point.
Determination of passengers for transportation.
Terms of service completion.
Amount to pay for the trip.
The procedure for admitting people into the vehicle according to the circle of persons.

If there is no need to carry out systematic flights, a work order can be issued for the transportation of passengers and luggage. The registration form does not have a standard appearance.

According to the terminology in the agreement, their meanings are as follows:

Charterer is a person who undertakes the obligation to perform a paid service, he is also a carrier.
Charterer – a person ordering the service of transporting passengers and cargo.

The rules for transporting people in chartered buses differ from travel in regular buses for the passengers themselves only in a clearly planned route for their tasks. For the carrier, the documentary part changes.

Otherwise, it must ensure safety, which depends on the driver, the condition of the vehicle, and the requirements below. Special treatment for chartered buses carrying children. Here the rules are stricter, as are the specifics of documentation, and the presence of accompanying persons is mandatory.

We list the main distinguishing features of what is required when transporting minors:

According to the new rules, the bus must be no older than 10 years, and distinctive signs in red frames must be attached to its windows, indicating the category of passengers.
Depending on the distance, the class of the bus is determined. For long trips, luxury vehicles are used.
If the trip of an organized group of children will last more than 12 hours, there must be a doctor present.
If there are 3 or more buses, an escort vehicle is ordered.
Be sure to submit to obtain permission and approval of the route. Documents for this, lists of accompanying persons and children are submitted for approval in advance.
There are restrictions on travel time and duration. So, at night, after 23.00, it is only allowed to go to the station to transfer to another transport or to meet children upon arrival. In extreme cases, the distance should be 50 km, after which a stop is required.
The driver is required to undergo pre-trip instruction on the rules for transporting minors.
When traveling more than 16 hours, 2 drivers are required, who are required to change each other every 8 hours.
You cannot leave the vehicle with children or exceed the speed of 60 km/h. It is recommended to travel during daylight hours.

Responsibilities of the transporter

The main, primary responsibility of the carrier is the safe delivery of the passenger to the destination, and, if necessary, his luggage, fulfillment of the conditions according to the charter agreement.

To do this, he must do:

Timely delivery of vehicles for boarding people at the agreed time and disembarking at the appointed place. Failure to comply with the conditions will result in financial penalties.
Ensure the availability of a serviceable and safe vehicle that meets sanitary, environmental, and technical requirements.
Include in ticket price according to
Be responsible not only for your own actions, but also for your employees, including drivers.
Operate on the basis of a license and comply with its terms.
Ensure pre-trip and post-trip inspections of drivers.
Perform scheduled and unscheduled vehicle maintenance.
Monitor the activities of drivers, including the work of the dispatcher.
Respect the rights and legitimate interests of passengers.
Provide the travel organizer with reliable information and documents required to monitor compliance with legal transportation.
Comply with the instructions of regulatory authorities.
Consider complaints.
Provide information to passengers about the route.
Ensure that the driver has the necessary accompanying documents (list below).
Notify the trip organizer in writing in case of flight cancellation.

Security

A bus for transporting passengers must have:

good technical condition;
quality certificate;
traffic permit on the travel ticket;
compliance with environmental standards;
maintain a first aid kit and fire extinguishers for passengers and the driver;
a wheel chock and an item for accessing an emergency exit;
warning triangle;
luggage space for long-haul flights;
distinctive signs on the transportation of people;
in the cabin there is an inscription “Emergency exit”;
digital tachograph and documents for it;
navigator, video recorder;
rules of transportation for passengers.

Do I need a license

A license is an official permit, a document confirming transportation by individuals and legal entities for domestic and international flights.

Its presence makes it possible to ensure the safety of passengers, the professional suitability of drivers and compliance with vehicle requirements. Issued for personal transport or rented for a period of 5 years.

The document is not needed for those enterprises that:

carry out irregular passenger transportation for their own needs (for the delivery of workers);
have the number of seats, excluding the driver's seat, less than eight on routes within the country;
rent buses without a driver.

That is, if the charter agreement provides for the participation of a driver, then for charter flights there must be licenses confirming the legality of the provision of the service.

You can apply for a license in person or use postal mail or send an online application to Rostransnadzor. To do this, you need to collect the documents required according to.

The list may change, which requires clarification at the time of contact:

, which indicates passport information.
A document confirming the official registration of an individual entrepreneur or LLC.
An identification number.
Constituent documents.
Work records of drivers with more than 3 years of driving experience.
Certificate of passing a medical examination.
Data on the availability of premises for the location of vehicles, maintenance, with a certificate of compliance with established standards.
Information about vehicles, the right to use them (purchase and sale or lease agreement), registration certificates.

After reviewing the application, the commission may issue a permit or refuse it for reasons of inconsistency of the specified data or errors, which can be challenged in court.
If the requirements are not met, the carrier will have to prove that there is no need to obtain a license.

Otherwise, when stopped by a traffic police inspector, a protocol on administrative responsibility will be issued. The fine is expected not only for the driver, but also for other responsible persons ().

Table. Fines for transporting passengers by bus without a license.

In addition to fines, you should be wary of confiscation of the vehicle and suspension of the enterprise for 3 months, which is also legal.

Required documents for the driver

To confirm the legality of driving a vehicle and providing passenger transportation services, the driver must have with him personal documents and papers issued to him by a representative of the carrier.

The main package should contain:

Driver's license category D.
Waybill.
License card.
Route diagram agreed with the transportation organizer.
Documents for the tachograph.

The circumstances of the collision between a minibus and a bus on October 5 in the Tver region showed how important it is to strengthen control over transportation of all statuses. The accident, in which, according to preliminary data, 13 people died, once again reminded us that the law on the return of licenses for private carriers is vitally necessary.

The culprit turned out to be an illegal immigrant

Early in the morning of October 5, there was a major accident on the road near the village of Nekrasovo, Tver Region. A Ford Transit minibus drove into the oncoming lane and flew into a LiAZ bus at full speed. 13 people died in the accident, including the minibus driver. It was lucky that the bus was almost empty and the driver’s seat took the brunt of the blow, but the man survived.

Photo: Russian State Traffic Safety Inspectorate for the Tver region

It soon became clear that minibus worked illegally. “This is a private company that carries out illegal passenger transportation under the guise of customized transportation,” the governor of the Tver region told reporters Igor Rudenya.

Licenses for private owners will return

Such accidents have long ceased to be surprising. After licenses for chartered and private transportation were abolished in 2012, the number of accidents involving buses has been constantly growing, the Ministry of Transport reported. Statistics from the State Traffic Inspectorate confirm this: in 2015, 4,996 accidents occurred due to the fault of bus drivers, in 2016 - 5,294, in 2017 - 5,608. And since the beginning of 2018, 3,632 accidents have already occurred in Russia. True, the traffic police data does not indicate the characteristics of those responsible for the accidents: whether they were illegal carriers or drivers regular buses, unknown.

Photo: RIA Novosti/Ramil Sitdikov

But the fact that pirate flights operate on Russian roads is undeniable. The license obliges carriers to comply with a lot of rules: maintain facilities for the repair and maintenance of vehicles, conduct a medical examination of drivers before trips and ensure that they do not violate traffic rules, install tachometers and GLONASS systems on buses, etc. To avoid all this, unscrupulous companies began to simply refuse licenses and carry out regular transportation under the guise of registered ones.

Last year, legislators came to the conclusion that licenses are needed for absolutely all transportation of eight or more passengers. Individual entrepreneurs and legal entities will be required to obtain licenses if they transport people on request or for the needs of the company. The corresponding bill, developed by the Ministry of Transport, was among the priorities for the autumn session. The State Duma planned to consider the document in October of this year. As the head of the Duma Committee on Transport and Construction told the Parliamentary Newspaper, the second reading of the bill should take place next week.

How to identify an illegal immigrant

We must admit: semi-legal minibus flights are in demand among Russians. Because they better satisfy the ever-changing demand, explained the Chairman of the Passengers Union Kirill Yankov. And it's not even a matter of more low prices, but such carriers save on maintaining vehicles and drivers, so they can afford dumping. Minibuses are more mobile, they can travel more often and stop on demand.

“That’s why it is necessary for control to be strengthened over any carriers, regardless of their status. But this is the problem for now,” Kirill Yankov told the Parliamentary Newspaper.

At the same time, the return of licenses does not seem to be a panacea to the expert: “It is not a fact that having a license will guarantee control of the technical condition of the vehicle and the condition of the driver. In addition, there is always the possibility of an accident on the road, even if the driver follows all traffic rules, as the LiAZ driver did.”

Kirill Yankov. Photo: PG / Mikhail Nilov

Passengers who are concerned about their own safety can be given one piece of advice: to prefer legal flights. How to determine a bona fide carrier? “If the bus runs on schedule and departs from the bus station, then there is a high probability that the company monitors compliance with all requirements regarding transport and the driver. If the bus does not depart from the bus station, it is not on the schedule, it collects passengers around the city - confidence in the quality of service is much lower,” advised Kirill Yankov.

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The State Duma obliged to license bus transportation

The State Duma adopted in the third and final reading a law banning bus transportation without a license. Within 120 days from the date of entry into force of the law, all legal entities and individual entrepreneurs engaged in the transportation of passengers are required to obtain a license.

The document also provides for equipping all vehicles with tachographs, the readings of which can be checked by state control authorities.

The innovations apply to vehicles with a permissible maximum weight of more than 3.5 tons and a number of seats of more than eight. The law will not affect vehicles of the fire department, ambulance, police, emergency rescue services, military automobile inspection, FSB, FSO, Armed Forces, the Russian Guard, the Investigative Committee, as well as transportation without the use of highways common use.

It was decided to tighten the requirements for intercity bus transportation in 2017 after a number of major accidents. The most common causes of road accidents were then identified as overtime by drivers and violations by those responsible for safety at transport enterprises. Licensing will help track such cases. In addition, this procedure will make it possible to suspend the activities of violating carriers, and not just issue them a fine.

First of all, transportation will again become licensed - the legislator will abandon the notification nature of the activity. Thus, with compulsory licensing customized transportation Drivers are required to undergo a medical examination every day, follow a traffic schedule and provide all Required documents to the vehicle.

Also, all vehicles must be equipped with tachographs.

According to the press service of State Duma deputy Sergei Ten, this bill amends a number of existing laws: “On licensing of certain types of activities”, “On road safety”, “Charter of motor transport and urban ground electric transport” and “On the protection of rights legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.”

– The main goal of the law is to qualitatively improve road safety, given that passenger transportation, unfortunately, is one of the sensitive areas in this regard. Behind last years We see a significant reduction in the number of road accidents and deaths in them. For example, in 2017, the road death rate decreased by 6% compared to 2016, and by more than 30% compared to 2012. At the same time, there is still a lot of work to be done in this direction; tragic incidents with a large number of victims, unfortunately, still happen regularly. Licensing in this regard is an effective tool for the state to control and restore order in this area, noted Sergei Ten.

Current legislation divides the transportation of passengers by bus into regular transportation and transportation on request. It already provides for licensing activities for the regular transportation of passengers by road transport equipped for the transport of more than eight people, with the exception of cases where this activity is carried out on orders or to meet the own needs of a legal entity or individual entrepreneur. The adopted bill amends this norm and obliges carriers to obtain a license even for transportation on order or for their own needs, which will reduce the number of abuses and reduce risks to people’s lives and health.

– The norm should not affect the cost of travel to public transport, since regular transportation, as I already said, is already subject to licensing in accordance with current legislation. At the same time, this will help bring the illegal market out of the shadows. passenger transportation, which, neglecting the safety of our citizens, works for its own benefit. After the adoption of the bill, unscrupulous carriers carrying out regular transportation under the guise of customized transportation or transportation for their own needs will no longer be able to hide behind a norm that is difficult for practical control by Rostransnadzor, the deputy noted.

Thus, said Sergei Ten, the adoption of this bill is another step towards achieving the goals of the “Road Safety Strategy in the Russian Federation for 2018-2024”, approved in January of this year. The task of the State Duma, the Russian government, and civil society is to reduce accidents and injuries by road transport as much as possible.