Penalty for not having a license for passenger transportation. How to deal with illegal taxis

According to the requirements of the Russian federal law, Passenger Transportation can only be performed by private or legal persons who have received the appropriate. Such measures are aimed at improving the quality of passenger service, at ensuring proper technical condition vehicles and accident prevention. If passengers are transported without a license, this violation is punishable by a fine and even confiscation of the car.

Any organization - both private and public - must have a license for this type of activity in order to carry out passenger transportation. As for ordinary citizens, they can only obtain a license to carry out transportation by car - a taxi. Each applicant organization before obtaining a license - it performs federal Service on supervision in the field of transport. If the statutory requirements are not met, the license may be refused.

If the license is successfully obtained, legal entity new obligations arise:

1. Passing regular checks confirming the ability to continue activities in the field of passenger transportation.
2. Doing all mandatory requirements for the organization and implementation of transportation, for any transport (licenses are issued not only for automobile, but also for water and rail transportation).

As mentioned above, the authorized Federal Service is in charge of checking activities. Control of carriers can be planned and unscheduled. The first is held every two years (but not more often), the second - when serious violations are detected. As a rule, unscheduled inspections are carried out promptly - already within a few days after a violation is detected. Additional control is carried out by other state structures - the State traffic inspectorate, customs, etc.

Depending on the severity and circumstances of the discovered, the carrier company may incur administrative liability in the form of a fine. It is also possible to withdraw the license, after which the performance of passenger transportation will become impossible for the company.

How to avoid liability for passenger transportation without a license?

To answer this question, first of all, it is necessary to understand what is considered by law to be passenger transportation. There are three factors that indicate the need for a license:

• More than 8 people are transported in a bus or minibus. Naturally, the vehicle must be designed for such a number of passengers.
• The vehicle is being used for commercial purposes. If the purposes of use are personal or organizational (for example, an enterprise organizes company transport for employees to work), a license is not required.
• Transportation is carried out on a specific route (except when we are talking on bespoke services).

For rail, water or air transport a license is required in all cases. If the authorized services have discovered a violation, and the carrier's activities do not relate to any of the above points, it will not be possible to avoid liability.

A driver, an organization, as well as persons responsible for transportation can be punished in the form. If a repeated violation is found, the punishment will not be limited to a fine - by law, the state has the right to confiscate the vehicle.

Penalties for passenger transportation without a license

Penalties for violation of the legislation on passenger transportation are quite high. For a private or official (who allowed transportation) - 50 thousand rubles, for - 100 thousand, for an organization - 400 thousand. These fines also apply to taxi drivers.

A repeated violation may lead to temporary restrictions on the activities of the transport organization, as well as to the confiscation of the subject of the offense - vehicle. The only way to avoid punishment is to prove in court that there was no violation, since the passenger transportation carried out by law is possible without licensing.

Additional penalties apply to taxi companies and individuals who carry out passenger transportation by car. The penalty may be applied in the following cases:

1. There is no information in the salon about the rules of the carrier's work, about transport services.
2. The passenger is not provided with a document (check) confirming payment for the service.
3. There is no "taxi" sign on the car.

As in other cases, not only the driver is punished, but also the transport company, as well as officials.

Chartered transportation of passengers

To carry out custom-made passenger transportation, it is necessary to have an appropriate activity for this type of activity. The basis is a charter agreement - it is drawn up either as an order-order, or in writing in a free form. The essence of chartering is that the car itself remains in the possession of the owner, while the charterer receives only the capacity of the vehicle. This capacity can be used both for the transport of goods and for the transport of passengers.

The contract specifies a list of persons who will be transported by order. If there is no such list (that is, an indefinite number of persons are being transported), it is not allowed to charge passengers. Signs with the inscription "Custom" must be placed on the vehicle.

Despite the fact that a license is not required for charter passenger transportation, in some cases penalties may be applied:

• Absence, concluded in writing (that is, if it was not executed at all in the specified way).
• The driver does not have a contract with him.
• Collection of fees from passengers, if this is not provided for by the contract.
• Admission of passengers who were not indicated in the list.
• Admission of passengers who do not have the necessary travel documents.

Chartered transportation is one of the few options for passenger transportation that does not require a license. The main thing is to strictly observe all the rules established by law for this category of services.

Obtaining a license for passenger transportation

To obtain a license, you must contact Rostransnadzor - this is the agency responsible for licensing transport activities. You must first prepare an application, in accordance with the established form. It should be noted that for individuals and organizations the application form is different. The application is considered within a period not exceeding 45 days.

To obtain a license, an organization must comply with a number of requirements established by law - a medical examination of drivers, the availability of vehicles suitable for passenger transportation, the availability of vehicle permits for road traffic.

If the requirements for the organization and performance of passenger transportation are met, the license will be valid indefinitely. In some cases, re-registration may be required:

• the type of transport activity has changed
• the organization changed its legal address, changed its name
• has changed organizational form companies

The presence of a license and strict adherence to the rules of passenger transportation is a guarantee that the driver, organization or responsible persons will not be involved in. Given the high fines for transporting without a license, it will be much cheaper to prepare for licensing and pass it.

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Gaganov Alexander Andreevich - expert of the Center for Scientific Political Thought and Ideology, Ph.D.

Article by Gaganov A.A. “Legal aspects of combating illegal transportation of passengers and luggage by passenger vehicles. Some questions legal regulation transportation by passenger taxi” was published in the journal “Administrative and municipal law”, 2015, No. 3. P. 256 - 262. References to legislation are given as of the end of 2014.

Fighting smuggling in major cities Russia led to the adoption of a number of special regulatory legal acts in this area, including amendments to the Code Russian Federation on administrative offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation). However, the lack of clarity in the definition of the concept of transportation by passenger taxis, the lack of uniform judicial practice raises questions in delimiting trains administrative offenses in the field of transport (Chapter 11 of the Code of Administrative Offenses of the Russian Federation), traffic(chapter 12) and entrepreneurial activity(chapter 14). Federal Law No. 69-FZ dated April 21, 2011 “On Amendments to Certain legislative acts Russian Federation”, the so-called taxi law, has a complex structure and several subjects of regulation, which significantly complicates its application.
In this article, we will consider the composition of administrative offenses related to transportation by passenger taxis, highlight some of the problems of delimiting compositions and bringing to administrative responsibility for the relevant offenses, and suggest ways to solve them.

FOR WHAT WILL A LEGAL TAXI DRIVERS RESPONSIBLE AND FOR WHAT - ILLEGAL?

Administrative offenses that provide for the liability of drivers of passenger taxis, as well as individual entrepreneurs and legal entities engaged in the transportation of passengers and luggage by passenger taxis, are enshrined in Chapter 11 of the Code of Administrative Offenses of the Russian Federation (offenses in transport) and Chapter 12 of the Code of Administrative Offenses of the Russian Federation (offenses in the field of traffic) .

Chapter 12 of the Code of Administrative Offenses of the Russian Federation provides for five articles related to passenger taxis. However, only two of them establish the responsibility of a special subject - the driver of a passenger taxi (who has received an appropriate permit for transportation). These are such trains as driving a passenger taxi that has not passed a technical inspection (part 2 of article 12.1 of the Code of Administrative Offenses of the Russian Federation), and 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 (part 2.1 article 12.3 of the Code of Administrative Offenses of the Russian Federation).

The second group of compositions of Chapter 12 provides for liability for the illegal use of insignia of a passenger taxi: illegal installation of an identification lamp for a passenger taxi on a vehicle (part 2 of article 12.4 of the Code of Administrative Offenses of the Russian Federation); illegal application of a color scheme of a passenger taxi on the outer surfaces of a vehicle (part 3 of article 12.4 of the Code of Administrative Offenses of the Russian Federation). These actions are illegal if the vehicle does not have a permit for use as a passenger taxi. For these two compositions, a fine is provided for both citizens and officials and legal entities.

Two more offenses in this group of offenses provide for the prohibition of the operation of a vehicle and the imposition of a fine on the driver: driving a vehicle on which an identification lamp for a passenger taxi is illegally installed (part 4.1 of article 12.5 of the Code of Administrative Offenses of the Russian Federation); driving a vehicle on which the color scheme of a passenger taxi is illegally applied (part 7 of article 12.5).

The third group of offenses (Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation) provides for liability for violation of the requirements for ensuring the safety of transportation of passengers and luggage by road (including passenger taxis): violation of professional and qualification requirements to taxi drivers (a fine is imposed on officials and legal entities); violation of the requirements for conducting pre-trip and post-trip medical examinations of drivers; violation of the requirements for pre-trip control of the technical condition of the vehicle (a fine is established for both citizens and officials and legal entities).

Chapter 11 of the Code of Administrative Offenses of the Russian Federation provides for one article concerning violations of the rules for transporting passengers and luggage by passenger taxis (Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation). This article was introduced by Federal Law No. 69-FZ of April 21, 2011 and provides for administrative liability for violation of the requirements for the transportation of passengers and luggage by passenger taxis established by the said Federal Law, as well as the Rules for the Transportation of Passengers and Luggage by Motor Transport and Urban Ground Electric Transport, approved Decree of the Government of the Russian Federation of February 14, 2009 No. 112 (hereinafter referred to as the Transportation Rules). In particular, an administrative fine is imposed on the driver, official or legal entity for the following offenses: lack of information in the cabin of a passenger taxi, provided for by the Rules of Transportation; non-delivery to the passenger cash receipt or receipts in form strict accountability; the absence on the vehicle used for the provision of services for the transportation of passengers and luggage, the color scheme of a passenger taxi and (or) an identification lamp on the roof of the specified vehicle.

To smuggling Article 14.1 of the Code of Administrative Offenses of the Russian Federation, which provides for the responsibility of a citizen for carrying out entrepreneurial activities without state registration or without a special permit (license), may also be applicable.

Based on the distribution of trains according to the chapters of the Code of Administrative Offenses of the Russian Federation, it can be assumed that the objects of offenses committed by taxi drivers can be: rules transportation, road safety. Drivers engaged in private transport without a proper permit may commit offenses in the field of traffic and business activities.

It is noteworthy that some circumstances are reflected in both Chapter 11 and Chapter 12 of the Code of Administrative Offenses of the Russian Federation. Thus, the requirement to install an identification lamp on the roof of a passenger taxi and apply a special color scheme on the side surfaces of the body of a passenger taxi is established by Federal Law No. 69-FZ of April 21, 2011 and the Transportation Rules. This requirement is substantiated by the Federal Law, including the goals of ensuring the safety of passengers. Therefore, liability for violation of this requirement is established in Chapter 11 of the Code of Administrative Offenses of the Russian Federation in a special article on violation of the rules for transporting passengers and luggage by passenger taxis (Article 11.14.1): this refers to the situation when the vehicle, in accordance with the transportation permit, is used as passenger taxi, but does not have mandatory identification marks.

In chapter 12, this circumstance is considered in a situation where the “insignia” of a passenger taxi is illegally applied to the vehicle: if the vehicle has not been issued a permit to transport passengers and luggage. In this case, liability arises both for the illegal application of a color scheme and the installation of an identification lamp, and for driving a vehicle with illegal "insignia". The last action forms independent compositions offenses because the operation of such a vehicle is prohibited.

Noteworthy is the absence in article 11.14.1 of administrative responsibility for violation of the requirement of compliance with the established body colors, if such a requirement is established by the laws of the constituent entities of the Federation. Apparently, this is due to the fact that in such cases liability may be provided for by the law of the relevant subject of the Federation. It can be assumed that if the law of the constituent entity of the Russian Federation establishes a mandatory color scheme for the body of a passenger taxi, then the by-laws of the constituent entity of the Russian Federation (administrative regulations or the procedure for issuing permits for transportation) will contain a rule on the consequences of non-compliance with this requirement (for example, refusal to accept documents for issuing permits for vehicles of the wrong color). Thus, the Law of the city of Moscow dated June 11, 2008 No. 22 "On a passenger taxi in the city of Moscow" introduced the requirement for a yellow colors the body of a passenger taxi (Article 2.1, introduced by the law of the city of Moscow dated May 22, 2013 No. 24). According to paragraph 2.8.1 of the Decree of the Government of Moscow dated June 28, 2011 No. 278-PP “On measures to implement the Federal Law of April 21, 2011 No. 69-FZ “On Amendments to Certain Legislative Acts of the Russian Federation”, the discrepancy between the color scheme of the vehicle body are grounds for refusal to accept documents. This means that in Moscow there cannot be a taxi of any color other than yellow (unless the permission to transport was received before 2013).

Chapter 12 includes an article on violations of the requirements for ensuring the safety of transportation of passengers and baggage, cargo by road and urban ground electric transport (Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation), which undoubtedly applies to passenger taxis as a type road transport. The requirements for the qualification of taxi drivers, for conducting pre-trip medical examinations and for monitoring the technical condition of passenger taxis before being released onto the line are established by Federal Law No. 69-FZ of April 21, 2011. General requirement the need for pre-trip medical and technical examinations is established by the Federal Law of December 10, 1995 No. 196-FZ “On Road Safety” (Article 20). Given that compliance or non-compliance with these requirements directly affects road safety, the inclusion of the relevant article in Chapter 12 of the Code of Administrative Offenses of the Russian Federation is justified.

DOES THE TAXI LAW EFFECT?

How the legal measures taken legally contribute or do not contribute to counteringsmuggling?

Consider the definition of the concept of "taxi" introduced in regulatory legal acts. Federal Law No. 69-FZ of April 21, 2011, although unofficially called the taxi law, does not contain a definition of the concept of a taxi. There is no definition of the concept of a taxi in other federal laws. The concept of "passenger taxi" is enshrined in the Transportation Rules (paragraph 2), approved by a decree of the Government of the Russian Federation, that is, by-law legal act. A passenger taxi is a vehicle of category M1 used for the transport of passengers and luggage in accordance with a public charter agreement.

The Law of the city of Moscow dated June 11, 2008 No. 22 "On a passenger taxi in the city of Moscow" gives a different definition of the concept of "passenger taxi": it cars intended for the implementation of taxi transportation (part 1 of article 1). In accordance with the Law taxi transportation is the activity of transporting passengers and their luggage by passenger taxi. It is easy to understand that these definitions are essentially not such due to the presence of a logical error - a circle in the definition.

Against the background of the Moscow definition of the concept of a passenger taxi, the federal definition looks more understandable and correct. Although, in our opinion, the definition of the concept of "taxi" should include features arising from the semantic meaning of the word "taxi", namely, the use of a tax (exactly set price) behind certain time or the distance of the trip, or a flat rate as a determining factor in the formation of the cost of the trip. It is also important that this fee is set by the carrier, and not by the state.

At the heart of the definition of the concept of a passenger taxi is a public charter contract. Article 787 is devoted to the charter agreement Civil Code RF (part two): under a charter agreement (charter), one party (the charterer) undertakes to provide the other party (the charterer) for a fee with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods, passengers and baggage. This contract refers to contracts of carriage (Chapter 40 of Part Two of the Civil Code of the Russian Federation). Article 787 of the Civil Code of the Russian Federation contains a reference to transport charters that determine the procedure for concluding such contracts. This procedure is enshrined in Chapter 5 of the Federal Law of November 8, 2007 No. 259-FZ "Charter of Road Transport and Urban Surface Electric Transport".

An important characteristic of the charter contract in the transportation of passenger taxis is its publicity. Features of a public contract are established by Article 426 of the Civil Code of the Russian Federation. A public contract is a contract concluded by a commercial organization and establishing its obligations to provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it. The price of services, as well as other conditions of the public contract, are set the same for all consumers. Refusal commercial organization from the conclusion of a public contract, if it is possible to provide the consumer with the relevant services, is not allowed.

It is the publicity of the charter agreement that distinguishes a passenger taxi from illegal transportation. It is clear that when passengers are transported by a driver who does not have the appropriate permission, a contract is also concluded, as a rule, orally. However, such a driver has the right to decide for himself with whom he will conclude an agreement, and to whom he will refuse. The price of the contract is also determined by the agreement of the parties, and any party may refuse to conclude the contract if the price does not suit.

Some websites provide advice to drivers carrying passengers and luggage without a permit on how to avoid liability for smuggling. In particular, it is proposed to conclude a written rental agreement for a vehicle with a crew. Under a lease (temporary charter) contract for a vehicle with a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use and provides services for its management and maintenance on its own. technical operation(Article 632 of the Civil Code of the Russian Federation).

AT in general terms a vehicle rental agreement with a crew and a charter agreement differ in the subject matter of the agreement. The subject of a lease agreement (including a charter agreement for the time of a vehicle) is the provision of certain property (vehicle) for the temporary possession and use of the tenant. The subject of the contract of chartering (transportation) is the delivery of passengers, cargo, mail and baggage to the destination. Obviously, the main goal of the user of taxi services, legal or not, is one: to deliver himself and his luggage from point A to point B. If there is a car rental with a driver for a while (of course, there are such cases and, accordingly, contracts ), then time is an essential condition of the contract and payment should depend on time. This type of contract should also be distinguished from the contract for the carriage of passengers and luggage on request, which must also be concluded in writing. The rules for the carriage of passengers and baggage on request are established by Section III of the Rules for Transportation. Responsibility for violation of these rules is provided for in Article 11.14.2 of the Code of Administrative Offenses of the Russian Federation.

In our opinion, the conclusion of a written rental agreement for a vehicle with a crew when passengers are transported by a driver who does not have the appropriate permission, in some cases can be regarded as a sham transaction (Part 2 of Article 170 of the Civil Code of the Russian Federation), that is, a transaction that was made in order to cover up another deal. Such a deal is void.

One way or another, a charter agreement concluded when transporting passengers by a passenger taxi can be replaced by transportation on order, or a vehicle rental agreement with a crew, or other contractual schemes. However, in essence, a non-public charter contract is no longer a contract of carriage concluded by a passenger taxi. The question is what kind of responsibility those who invent contracts to cover up illegal imports are trying to avoid.

At first glance, the answer is obvious: this is the responsibility provided for by Part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation. Part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation establishes a fine of 5,000 rubles for the carriage of passengers and luggage by a driver who does not have an appropriate permit. The amount of the fine is ten times higher than the sanctions for similar offenses, for example, if the driver forgot to take a license card, waybill, insurance policy, car registration documents or even a driver's license. Moreover, there are proposals to increase the amount of the fine under part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation precisely in order to counter illegal transportation (see the Resolution of the International Eurasian Taxi Forum, August 8-9, 2013, St. Petersburg). Both the increased amount of the fine and proposals for its further increase to combat illegal transportation indicate that the legislator believes that this rule should be applied in the case of passenger transportation by a passenger vehicle for which an appropriate permit has not been obtained.

However, judicial practice takes a different path, and this is due to the imperfect wording of part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation. Thus, in the resolution of the Supreme Court of the Russian Federation of October 23, 2013 No. 18-AD13-30, the composition of this offense is interpreted as follows: “The objective side of the composition of an administrative offense provided for by Part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation, as follows from the literal interpretation of this rule , is expressed in the transportation 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 with him a permit previously obtained in accordance with the established procedure for carrying out activities for the transportation of passengers and baggage by passenger taxi. On this basis, the Court considers it necessary for the correct qualification of the act to establish the fact of obtaining permission to carry out activities for the transportation of passengers and luggage by passenger taxi. In case of failure to obtain such a permit, in the opinion of the court, the activity for the carriage of passengers and baggage is qualified under part 2 of Article 14.1 of the Code of Administrative Offenses of the Russian Federation, which provides for liability for carrying out entrepreneurial activities without a special permit (license), if such a permit (license) is mandatory (mandatory). In addition, Part 1 of Article 14.1 of the Code of Administrative Offenses of the Russian Federation may also be applicable here in the case of carrying out entrepreneurial activities without state registration as individual entrepreneur or legal entity. However, in order to be held accountable for these articles of the Code of Administrative Offenses The Russian Federation will need to prove that the activity of transporting passengers is systematic and has the goal of making a profit (in accordance with the definition of the concept of entrepreneurial activity described in part 1 of article 2 of the Civil Code of the Russian Federation).

HOW TO IMPROVE THE LAW?

An important issue is the achievement of the goals of legal regulation of the sphere of transportation of passengers and luggage by passenger taxis. Significant requirements for passenger taxis and increased responsibility for their violations have been established. Perhaps some of the requirements and fines are even overstated. All this, on the one hand, ensures the safety of passengers, who receive more guarantees to use high-quality transportation services - qualified drivers in serviceable vehicles. But on the other hand, it complicates the work of legal carriers and reduces its profitability. Gain state regulation and control in the field of passenger taxis has already led to the exit of many legal carriers from the market. If the measures introduced by the state entail an increase in the costs of carriers, it is logical to assume that the tariffs for transportation by passenger taxis will also increase. If at the same time the prices of illegal taxi drivers remain lower, citizens will continue to use their services and will avoid legal taxis. At the moment, the goals of strengthening the legal regulation of the sphere of transportation by passenger taxis have not been achieved (this is also stated in the Resolution of the International Eurasian Taxi Forum, August 8-9, 2013, St. Petersburg), and only measures of administrative responsibility can solve the problem of illegal the export, apparently, will not succeed.

Thus, the economic aspect in solving the problem smuggling it is necessary to take into account and comprehensively approach the issue of improving legislation in this area.

There are already legislative initiatives economic methods improving the situation of legal taxis, as well as contributing to the “coming out of the shadows” of illegal carriers (for example, bill No. 564236-5). Such measures, in particular, include: reducing the amount of contributions to Pension Fund for individual entrepreneurs, tax incentives, introduction of a system of work in a taxi for individuals without registration as an individual entrepreneur on the basis of a state patent and others. Some of these measures will require spending from the federal budget.

If we talk about measures that do not require budget financing, including measures of a legal and technical nature, then the following can be proposed to improve legislation in the field of transportation by passenger taxis, as well as counteracting illegal transportation.

1. Taking into account the lack of comprehensive and consistent legal regulation of the sphere of transportation of passengers by passenger taxis, as well as the imperfection of the structure and content of the Federal Law of April 21, 2011 No. 69-FZ, we consider it necessary to adopt a new federal law with a clear subject of regulation - passenger taxis.

2. It is necessary to consolidate the concept of "passenger taxi" in the federal law, including in it the specific distinctive characteristics of a taxi (principles for the formation of the price of a transportation contract).

3. The wording of part 2.1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation should be specified in such a way that it is applicable to drivers who carry passengers and luggage and have not received an appropriate permit.

4. It is necessary to amend Article 9 of the Federal Law of April 21, 2011 No. 69-FZ, providing for the right not only of employees of the state traffic safety inspectorate, but also of all officials of the internal affairs bodies (police) to demand a permit for the transportation of passengers by passenger taxis . This would be logical, because they are authorized to draw up reports of administrative offenses provided for in part 2.1 of article 12.3 and article 14.1 of the Code of Administrative Offenses of the Russian Federation.

MORE RELATED

Passenger transportation is regulated simultaneously by several federal laws RF. In addition, in a number of regions there are additional restrictions, one way or another related to passenger transportation. Illegal transportation of passengers is a serious offense and in some cases a crime.

The fundamental document regulating, among other things, passenger transportation on the territory of Russia is the Federal Law "On Road Safety". Thus, according to the law, responsibility for the illegal transportation of passengers occurs in case of violation of the rules of the charter of automobile and urban ground electric transport.
For regular transportation
- Absence or non-observance of the route schedule.
- Inconsistency of transport stops with accepted standards.
- Absence symbol vehicle.
- Lack of contact details, route schemes.
- Untimely notification of a schedule or route change.
- Transportation of passengers without a ticket.

For "custom" passenger transportation, first of all, a charter agreement is required, concluded with the consent of the legal entity offering the service and the employer. For passenger transportation by passenger taxi legally, in addition to the license, it is necessary to register any order in the registration log. An unregistered order for licensed taxis is an illegal transportation of passengers, punishable by a fine. The maximum fine for illegal transportation of passengers can be unacceptably high even for legal entities.

Violations related to the illegal commercial activities of the transport company:
Implementation commercial activities without permission is interpreted as illegal business for the carriage of passengers and in some cases may result in criminal prosecution. In order to start proceedings under this article, a written application is sufficient. In addition, illegal entrepreneurship in itself, as a rule, implies a violation of several more laws of the Criminal Code of the Russian Federation. such as tax evasion.

Violations related to the driver's lack of proper qualifications / ignoring traffic rules:
Entrepreneurs should pay attention Special attention to the list of documents required by the driver of a passenger vehicle. The driver must have all the necessary documents for work in the Russian Federation and a driver's license of the appropriate category. Rough traffic violations driver of a passenger vehicle may give rise to proceedings against a legal entity ( transport company). We should also not forget the federal law "on pre-trip inspections of drivers."

Violations related to the technical malfunction of the vehicle or its unsuitability for passenger transportation:

The use of a vehicle, one way or another unsuitable for the carriage of passengers, is also interpreted as the implementation of illegal passenger transportation. At the same time, we are talking not only about faulty / not passed technical inspection / not meeting safety standards, but also about transport in good condition, but not intended for passenger traffic.