What is the fine if you don’t have a taxi license? New fines for illegal import

Perhaps many people still have old stereotypes of understanding the work of a taxi driver. Someone else lives in those times when you could almost with impunity throw a checkerboard on the roof of a car and give a ride to a couple of clients without any special permissions. However, today, in the context of rapidly growing competition between carriers, the fine for taxi drivers for transporting passengers without a license is also rapidly becoming tougher and growing.

What does a taxi driver need to work legally?

Of course, if you give rides to fellow travelers from time to time and earn money on an irregular basis, you can hardly “be exposed” as a violator. However, if transportation is carried out systematically and a stable income is received from this, then you need to know that the state imposes an obligation to register this type of activity.

The Traffic Rules of the Russian Federation state that the driver of a motor vehicle is obliged (2.1 SDA) to have with him and, at the request of police officers, hand over to them for verification (2.1.1 SDA): in established cases, a permit to carry out activities for the transportation of passengers and luggage by car Taxi.

Thus, when working as a taxi driver, you must have a permit or license. To obtain it, you first need to obtain individual entrepreneur status. This step is possible subject to working for yourself or having a certain number of employees on staff. If you need to open a company engaged in the transportation of passengers, you will have to register as a legal entity.

Only after this can you obtain a license for yourself and safely engage in the transportation of passengers. Of course, not everyone considers it obligatory to legalize their work, deal with paperwork and pay for a permit for transportation, but it is worth knowing that a fine for an illegal taxi, and if it is repeated, can convince everyone.

What is the fine for operating a taxi without a license in 2018?

It is worth noting that in the context of the fight against illegal taxi drivers, the legislative bodies did not skimp on a wide variety of administrative penalties. For the absence of the license mentioned above in the traffic rules, the Code of the Russian Federation on Administrative Offenses in Article 12.3 Part 2.1 provides for the following penalty:

"Article 12.3. Driving a vehicle by a driver who does not have with him the documents provided for by the Traffic Rules:

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 a passenger taxi - entails the imposition of an administrative fine on the driver in the amount of five thousand rubles."

Since the service sector for transporting passengers and luggage can be classified as transport, since transport plays a key role in taxi services, administrative penalties can be more stringent. For example, Article 14.1.2 Part 1 “Carrying out business activities in the field of transport without a license” of the Code of Administrative Offenses (CAO) states:

"Carrying out entrepreneurial activities 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 private carriage without a license in 2018 of 50,000 rubles is an order of magnitude greater than the administrative penalty provided for in Article 12.3 of the Code of Administrative Offences. In addition, this article also applies to individual entrepreneurs and legal entities. 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 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 confiscation of the vehicle; for officials - fifty thousand rubles; for individual entrepreneurs - one hundred thousand rubles with confiscation of the vehicle; for legal entities - four hundred thousand rubles with confiscation of the vehicle or administrative suspension of activities for up to ninety days.

Violation of the rules of transportation by passenger taxi

Illegal activity as a passenger taxi on an ongoing basis still requires the presence of appropriate identification marks on the vehicle. To attract customers, you will have to install “checkers” on the roof of your car. And this is already a silent statement that you are engaged in entrepreneurial activity, that is, as a driver. Therefore, according to clause 5(1) 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 responsibilities 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 on the body (side surfaces of the body) a color scheme, which is a composition of squares of a contrasting color, arranged in a checkerboard pattern, and on the roof - an orange identification lamp (clause 5(1) introduced by Decree of the Government of the Russian Federation of March 28, 2012 N 254)."

And the amount of administrative punishment provided for non-compliance of a 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 taxi” of the Code of Administrative Offenses:

“The absence in the passenger compartment of a passenger taxi of information provided for by the Rules for the transportation of passengers and luggage by road transport and urban ground electric transport - entails the imposition of an administrative fine on the driver in the amount of one thousand rubles; on officials - ten thousand rubles; on legal entities - thirty thousand rubles .

Failure to issue a passenger with a cash receipt or a receipt in the form of a strict reporting form, provided for by the Rules for the transportation of passengers and luggage by road transport and urban ground electric transport and confirming payment for the use of 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 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 - 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 solution for unlicensed taxi drivers?

When discussing the topic of illegal transportation of passengers, it is definitely 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 now international, operating in more than 500 cities around the world. The application allows you to order a private carrier for your 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.” Profits from transportation are distributed in a ratio of 80% to 20% between the user of the application and its developers.

Of course, the lack of need for taxi drivers to have a license and the contradiction with the law could not but cause indignation among the authorities in a number of countries and their cities. The application was subject to numerous fines and even a complete ban. For example, in Moscow, even licensed taxi drivers expressed indignation at this service, since “shadow” carriers constituted significant competition for them by operating at lower rates. In 2015, an agreement was reached between the Moscow Transport Department and Uber to enter into an agreement to use 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 attempts to circumvent the legislation pointless. Even the Uber mobile application is gradually being introduced into the restrictive framework of Russian laws. You can, of course, hope for luck and expect that administrative sanctions will be avoided. However, it is only a matter of time before the next traffic police inspector decides to stop you and check that you have a license to transport passengers. It is better to take care of obtaining permission in advance and then calmly engage in this activity!

The provision of services in the field of passenger transportation must be accompanied by the execution of documents making this type of activity legal. One of these documents is a license to transport passengers. Obtaining it involves the need to meet certain indicators and pay a state fee. In this regard, many individuals prefer to provide services of this kind without the necessary documents, bypassing regulatory legislation. Transporting passengers without a license in accordance with the Code of Administrative Offenses of the Russian Federation becomes a reason for prosecution, and this fact already indicates the need to pay certain amounts of a fine and other consequences provided for by the administrative code.

The need to obtain a license

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It is legally determined that the transportation of passengers can only be carried out with specialized licenses. In order to be able to obtain such a permit, the company acting as a carrier must have a certain set of vehicles of appropriate quality and meet the conditions reflected in the rules for applicants for a license. The need for such a document is caused by the following factors:

• Monitoring the condition of carriers in terms of the serviceability of vehicles and equipping them with all necessary equipment. Compliance with such standards significantly reduces the number of accidents on the roads;
• Receipt of additional funds into the budget due to government payments. fees for obtaining licenses, which amount to 7.5 thousand rubles;
• Monitoring the activities of legal entities and individuals providing transportation services.

Transportation of passengers in accordance with legal requirements

In order for transportation to be considered legal, the following indicators and factors must be present:

• An organization acting as a transport company must have a license to carry out business activities related to passenger transportation. The license is issued by the regional division of the Federal Service for Supervision of Transport;
• Transportation of passengers carried out according to a preliminary order implies the need to conclude a charter agreement. The agreement is signed between the company organizing the transportation and the passenger who will use the services. As an exception, there are taxis carrying passengers on orders, where it is possible to conclude an agreement orally;
• If the transportation being carried out is regular, then an agreed itinerary must be attached as a supplement to other documents. In such a situation, the driver already receives information in advance regarding dangerous areas on the road, the location of food and rest points, gas stations and medical facilities.

Illegal transport and license requirements

If one of the listed conditions is missing or the driver does not have the necessary documents, such transportation will be classified as illegal and all persons involved will bear administrative responsibility for violations.

It is worth noting that judicial practice knows a sufficient number of cases where there have been fatal road accidents. In this case, criminal prosecution is possible, and the lack of permitting documentation and necessary licenses for transporting passengers only aggravates the situation. In such a situation, the guilty person may receive a greater punishment than provided for by a certain article of the Criminal Code of the Russian Federation.

Obtaining a license is carried out after providing the necessary package of documents, a completed application and a receipt confirming payment of the state fee, which is mandatory for all organizations.

Re-registration may be required during the provision of services. It is necessary if the name of the firm or company changes, the legal form of activity changes, or the company undergoes reorganization.

In general, licenses are granted for the following types of transport:

• Within the locality;
• In suburban areas;
• For intercity or international communication.

The organization that applies for a license will have to meet certain requirements:

• Availability of vehicles, which can be owned or rented;
• Availability of premises for maintenance and repair of vehicles;
• Availability of an appropriate license from an organization or individual entrepreneur that will conduct a medical examination of drivers;
• Availability of a rest area in transport in case of intercity transportation;
• Equipping the car with special systems that allow you to track the location of the vehicle;
• Compliance with all other rules related to transportation safety.

Responsibility for lack of a license

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If it turns out that transportation is carried out without the necessary license, which is contrary to the norms and rules established by law, the perpetrators will be held accountable. The punishment in this case directly depends on the type of transport in relation to which the violation was detected and who is guilty in such a situation.

The absence of a license in the case of transportation by bus entails the need to pay:

• For the driver 5 thousand rubles;
• For officials 5 thousand rubles;
• Individual entrepreneurs – 100 thousand rubles;

It is worth noting that by paying, the guilty persons are not exempt from the need to obtain a license.

If a violation is recorded, consisting of illegal transportation of passengers, the guilty persons must pay the required amount before the deadline specified in the resolution.

Next, you need to stop carrying out activities without documents and apply for a license. Pre-responsible persons will have to study all the indicators that they must meet and ensure that they are in place so as not to be rejected by the permitting organization.

If such a violation is noticed again against the same persons or organizations, drivers and individual entrepreneurs will have to pay 50 thousand rubles. In addition, in such situations, transport is possible. If a legal entity violates it again, it will be punished by paying a fine in the amount of 400 thousand rubles.

Transporting passengers can generate good income if this activity is properly formalized. Those who transport people illegally must prepare for punishment and losses. Several sanctions measures can be applied, it depends on which articles of the Code of Administrative Offenses the driver violated.

Read in this article

General requirements for taxis

To transport passengers, you must have a permit for this type of activity. It is required to confirm the safety of taxis for people and the ability to pay taxes. You can legally work as a taxi driver if you meet the following conditions:

• the car must be in good technical condition, which is confirmed by maintenance every six months;
• the driver must be sufficiently experienced, that is, his experience is at least 5 years;
• the vehicle should be equipped with all the attributes of a taxi: checkers, an orange or yellow light signal, a meter;

• You can indicate your contact phone number in a visible place on the case;
• the rules for transporting passengers must be placed in the cabin;
• people using a taxi must receive a check or receipt upon request;
• To transport children under 12 years of age, a special seat is required.

Penalty for driving without insurance

The policy for taxi drivers is a little more expensive than for those who use the car only for personal purposes. But punishment for its absence is still imposed under Article 12.37:

Failure by the owner of a vehicle to fulfill the obligation established by federal law to insure his civil liability, as well as driving a vehicle if such compulsory insurance is obviously absent, entails the imposition of an administrative fine in the amount of eight hundred rubles.

If you have a valid policy, but have forgotten it at home, the payment will be 500 rubles.

For illegal taxi

If the driver decided to decorate the car with taxi identification marks, but did not bother to obtain a license, he will be liable under Article 12.4 of the Code of Administrative Offenses:

• The presence of an illegal light signal will entail a payment of RUB 5,000. for the driver, 20,000 rub. – for an official, 500,000 rubles. – for a legal entity;
• similar amounts of fines will be required if taxi checkers are applied to the car.

The flashlight and sticker will be confiscated. And if an illegal taxi has both identification marks at once, you will have to pay 2 fines. Indeed, in this case, sections 2 and 3 of Article 12.4 were violated.

For lack of waybill

A waybill is another document that a taxi driver must present to the traffic police officer. This is regulated by Section 6, Part 2 of the “Charter of Road Transport and Urban Ground Electric Transport”. The absence of a document is a violation, the sanction for which follows under Article 12.3 of the Code of Administrative Offences:

Driving a vehicle by a driver who does not have with him... in cases provided for by law, a waybill or shipping documents, entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.

For driving without a child seat

According to the rules, children under 12 years of age must be transported with special safety measures. This is a car seat or other devices that allow you to fasten a child. Violation of the requirement forces the application of Section 3 of Article 12.23 of the Code of Administrative Offenses. In accordance with it:

• the driver will pay 3000 rubles;
• official - 25,000 rubles;
• legal entity – 100,000 rub.

If a person works in an organization engaged in the transportation of passengers and is a hired employee, he faces a minimum fine. But those who have received a license are considered by law as legal entities. And they will pay 100,000 rubles for transporting a child without a seat.

In administrative practice, it was such that taxi drivers in these cases were charged with part 2, paragraph B of article 238 of the Criminal Code. It specifies responsibility for the provision of services that do not meet safety conditions. And drivers for transporting a child without a car seat received a fine of 300,000 rubles, as well as the stigma of a criminal.

To learn about the fine for transporting a child under 12 years of age in a taxi without a car seat, watch this video:

For parking

There are specially designated places for parking taxis in cities, indicated by a sign. Otherwise, parking rules are the same as for regular cars. Their violations are punishable under Articles 12.16 and 12.19 of the Administrative Code:

• for ignoring markings or a sign prohibiting parking - 1500 rubles, and in Moscow - 3000 rubles;
• for leaving a car on the sidewalk - 1000 rubles, in the capital - 3000 rubles;
• for parking in a place for disabled people - 5000 rubles;
• for parking at bus and trolleybus stops - 1000 rubles, in Moscow - 3000 rubles;
• if a taxi is abandoned in the second row of the roadway - 2000 rubles;
• for parking at a pedestrian crossing - 1000 rubles, for Moscow - 3000 rubles.

For a dedicated lane

A legally operating taxi with checkers, lights, and a meter has the right to move along the lane allocated for public transport. But practice shows that if it is, the driver receives a demand for 1500 rubles, and in Moscow 3000 rubles. These are the amounts for illegal driving on a “separate lane” specified in Article 12.17 of the Code of Administrative Offences.

But if the taxi driver has a license, he should try to challenge the punishment in court. Sometimes you manage to win a case and not pay a fine.

How to avoid a fine

Traffic police officers are especially partial to taxi drivers who violate traffic rules. After all, these drivers are responsible not only for their lives, but also for their passengers. Therefore, you can avoid fines only by respecting the laws, that is:

• registration with the tax service;
• purchasing a license;
• preparing the car for the transportation of passengers, including children;
• compliance with traffic rules.

How to get a license

To acquire a permit to work as a taxi driver in your own car you need:

• contact the transport department at the place of registration with an application;
• transfer there photocopies of your passport, PTS, document confirming ownership of the car;
• register as an individual entrepreneur and provide papers about this to the transport department;
• wait about a month.

Let us assume that between JSC-1 (Contractor) and JSC-2 (Customer) an agreement has been concluded for the provision of services for the provision of vehicles. As part of this agreement, the Contractor provided the Customer with a PAZ bus for transporting people from their place of actual residence to their place of work (construction site) and back. JSC-1 does not have a license to carry out passenger transportation.

Is the activity within the framework of a service contract for the provision of vehicles licensed?

What should be licensed?

In accordance with paragraph. 3 p. 1 art. 49 of the Civil Code of the Russian Federation, in cases provided for by law, a legal entity may engage in certain types of activities only on the basis of a special permit (license).

The list of types of activities requiring a license is established by Federal Law dated May 4, 2011 No. 99-FZ “On licensing of certain types of activities” ( hereinafter - Law No. 99-FZ).

In accordance with sub. 24 clause 1 art. 12 of Law No. 99-FZ, the activity of transporting passengers by motor transport equipped for the transport of more than eight people is subject to licensing (except if the specified activity is carried out according to orders, or to meet the own needs of a legal entity or individual entrepreneur).

In accordance with clause 3 of the Regulations on licensing the transportation of passengers by road transport equipped for the transport of more than 8 people, approved by Decree of the Government of the Russian Federation dated 04/02/2012 No. 280 (hereinafter referred to as the Regulations), Passenger transportation activities include regular transportation of passengers in urban and suburban traffic, as well as regular transportation of passengers in intercity traffic.

At the same time, in accordance with Section II of the Decree of the Government of the Russian Federation dated 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” regular transportation of passengers and baggage means transportation carried out according to schedules, which in turn are drawn up for each stopping point included in the route of the vehicle.

The purpose of the licensed activity for the transportation of passengers under a public contract for the carriage of passengers for the carrier is to provide the passenger with transportation services along the appropriate transportation route for a fee for this service on the basis of a public contract for the carriage of passengers, and for the passenger to receive a paid transportation service. That is, the fee under this agreement is collected from the passenger by the carrier for the public transportation service provided. The parties to this agreement are the carrier and the passenger. The conclusion of the contract is certified by a ticket (Resolution of the Fifteenth Arbitration Court of Appeal dated May 4, 2012 No. 15AP-2773/12).

In the situation under consideration, under the terms of the contract, the customer (AO-2) instructs, and the contractor (AO-1) provides services for the provision of vehicles owned by the contractor for the operation of a separate division of AO-2. The customer is obliged to submit an application for the provision of a vehicle in a timely manner. In turn, the contractor, based on the received application, is obliged to transfer the vehicle in a technically suitable condition. In addition, the contractor bears the cost of insuring the vehicle.

What is the problem with such situations?

Unfortunately, based only on such information, it is quite difficult to give an unambiguous legal qualification to the relations of the parties.

First of all, the conclusion suggests itself that the specified relationship is a rental one (the subject of the agreement is the provision of vehicles by the owner for the temporary use of another person). At the same time, in fact, at the request of the customer, the contractor provides him with a vehicle (bus) with a driver who provides transportation for the customer’s employees to and from work. Such an agreement can be qualified as a rental agreement for a vehicle with a crew (i.e., with the provision of services for driving a vehicle) or as a transportation agreement.

A distinctive feature of a lease agreement for a vehicle with a crew is that the vehicle is in any case transferred to the possession and use of the lessee for the entire lease term (Article 632 of the Civil Code of the Russian Federation). In this case, the driver, who is an employee of the lessor, obeys the lessee’s instructions regarding the operation of the vehicle (where to go, for what purpose, etc.). If the vehicle is not transferred to the customer’s possession for the entire duration of the contract, is used only to deliver the customer’s employees from one point to another, and the rest of the time is in the possession of the contractor, then, in our opinion, such an agreement most likely meets the characteristics of a transportation contract, rather than a rental agreement for a vehicle with a crew.

Thus, in relation to the situation under consideration, it is possible that the relationship between the parties will be qualified as a relationship in which the contractor provides the customer with services for the transportation of citizens (employees of the customer).

However, as we noted above, not any activity in which the owner of a vehicle provides passenger transportation services to another person(s) is subject to licensing. To do this, it is necessary that transportation be carried out not on orders from other persons, but regularly, i.e. were carried out according to schedules that are drawn up for each stopping point included in the vehicle route . In addition, this activity must be carried out with the collection of fees from passengers.

Meanwhile, in this case, the contractor provides transportation services precisely according to the customer’s requests. There is no pre-approved vehicle schedule for each stopping point. Payment for the provision of transportation services is paid by the contractor, not by passengers.

Based on this, in our opinion, even if the relations of the parties are qualified as relations for the provision of services for the transportation of passengers, this activity of JSC-1 is not subject to licensing in accordance with the law.