Where to file a complaint against a bus driver

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Published: 08/24/2018

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A complaint against a driver is filed in the following cases:

• uncivil behavior with passengers;
• the vehicle does not move according to schedule;
• deviation from a given route;
• refusal to disembark passengers at stops;
• traffic violation;
• non-compliance by the driver with the points of the job description (smoking, talking on a mobile phone, drinking alcohol);
• refusal to provide services on a preferential basis.

After the application is reviewed, the driver is required to write an explanatory note. If the complaint is justified, he may be subject to disciplinary action.

• Where can I complain about the work of carriers? By telephone
• By Russian Post
• Via the official website of Mosgortrans
• To the Ministry of Transport
• To the Municipal Administration
• On the Dobrodel website

In some situations, complaints are received not against a specific driver, but against the operation of the entire route as a whole. This is usually due to the fact that the carrier organization does not fulfill its obligations as specified in the contract. For example, Mosgortrans enters into contracts with various carrier companies. If complaints are received against any of the companies, Mosgortrans has the right to file a claim against it or terminate the contract altogether.

The controllers' task is to verify that the fare has been paid. If there is inappropriate behavior of controllers towards passengers, a complaint about such behavior must be addressed to the regulatory authorities.

Grounds for complaints about passenger transportation on a bus/minibus

There are several reasons why you can (and should) write a complaint.

• The bus is constantly late or does not arrive on schedule at all. The route of each vehicle that leaves the fleet is strictly fixed in the schedule, and the driver has no right to leave it for personal reasons. The documents indicate the departure time, route, stops, etc.
• The driver misses stops or drops off passengers in the wrong place.
  The route includes all bus stops where the driver is required to stop his vehicle to move passengers. He cannot let them through at will, justifying this with the phrase “I asked who is getting off?”, which can very often be heard from minibus drivers, or if there are no people at the stop at all. It is also prohibited to stop at the request of other passengers in a section of the road that is not suitable for exiting.
• The driver is rude. Reproaches, anger, obscene language - all these are grounds for writing a complaint. If the driver also threatens his passengers, then this is an additional reason to call the police and draw up a report for administrative liability.
• The driver smokes in the cabin. In accordance with clause 1.3 of Art. 12 Federal Law No. 15 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption”, when transporting passengers, the driver is strictly prohibited from smoking. It is necessary to write a complaint if it is clearly visible that the driver not only openly smokes while driving, but also ignores legal demands to stop.
• Music is playing loudly in the salon. Although the volume of music or other noise on the bus is not fixed by any legislation, a complaint still needs to be filed if the driver expresses his musical preferences too actively.
  According to Art. 7 Federal Law No. 2300-1 “On the Protection of Consumer Rights”, the supplier must ensure the safety of life and health of those who use its services. They have no right to refuse to file a claim for loud music that disturbs the peace and comfort of passengers.
• The driver violates traffic rules. Monitoring compliance with traffic rules is the responsibility of the traffic police, but passengers can also participate in punishing a negligent driver. A complaint, which can also be confirmed by the traffic inspector’s protocol, will give an additional impetus to seriously punish the transport service employee, or even fire him altogether.
• Transport is technically faulty. The driver is obliged to check the technical condition of the bus before each departure from the fleet, and abandon the route altogether if the fault cannot be eliminated. Even if the door simply does not close well or the interior is not heated, then this is a clear reason to write a complaint against the irresponsible driver.

Where can I complain about a bus driver?

We explain whether it is possible to punish a driver who drives recklessly, smokes or misses stops.

- I was traveling on a deuce bus. Me and about 15 other people began to participate in an exciting chase called “Catch up with Route 22,” which was moving ahead. The driver drove so hard that it was difficult to stand on his feet. The fact that people at some stops wanted to get off did not bother him much. A couple of stops just flew by. What to do in such cases?

What are the rules and prohibitions for bus and trolleybus drivers?

The work of public transport drivers is regulated by the “Rules for the use of buses and trolleybuses in the city of Kirov.” According to this document, the driver is obliged

:

• take care of passengers, be attentive and considerate with them. Comply with the requirements for the safe transportation of passengers and traffic regulations;
• do not allow the bus (trolleybus) to be overcrowded beyond its total capacity;
• correctly and clearly announce to passengers when the bus (trolleybus) comes to a complete stop, the name of the stop at the moment the doors are opened and the next stop after boarding;
• stop the bus (trolleybus) at all stops determined by the schedule, in compliance with traffic safety requirements.

The driver is prohibited

:

• be distracted and talk (including on the phone, walkie-talkie) while driving, allow unauthorized persons to be in the driver’s cabin;
• install door opening limiters;
• turn on radio broadcasting or music inside the bus (trolleybus) that is not related to the process of transporting passengers along this route;
• smoking inside a bus (trolleybus).

Who enforces the rules?

Control over the implementation of the rules is carried out by the city administration and the Municipal Budgetary Institution “CDS GPT”. CDS operators monitor in real time how certain routes are working and can contact the driver if he has deviated from the schedule. All information about this is entered into the waybill.

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You can complain about the operation of public transport by calling CDS 48-59-92, through the Passenger mobile application, or writing on the website in the “Ask a question” section. Complaints will go to the transport department of the city administration. You must provide the nature of the violation, time, bus route and registration number, as well as your email. A few days after the complaint, you should receive an answer by email about the reasons for the violations and the measures taken against the driver. The driver may be given a warning, reprimanded or deprived of bonuses. But if the driver violated the rules for objective reasons (deviation from the schedule or failure to reach the line due to transport breakdown, traffic jams), then no punishment will follow.

It is better to record other violations (smoking, talking on the phone, etc.) with a phone video camera and attach them to the complaint. You can complain to the traffic police about traffic violations by a bus or trolleybus driver. In this case, photo or video recording is also desirable. You can file a complaint online on the traffic police website in the appropriate section. In this case, a double fine will be imposed - for violating traffic rules and for violating the “Rules for the use of buses and trolleybuses”.

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Please note that violation of traffic rules due to deviation from the schedule cannot serve as an excuse for the driver. For example, in September there was a case when a bus drove into oncoming traffic because it was late. This was the reason for the internal audit. After this, the head of the administration, Ilya Shulgin, instructed the carriers and the transport department to exclude the clause on the dependence of the driver’s salary on the volume of revenue.

In March of this year, it was also planned to begin a pilot project to install online video surveillance in bus cabins. According to the city administration, 30% of buses and trolleybuses are currently equipped with video cameras. Within two years, it is planned to equip all public transport in Kirov with video surveillance. The issue of changing the motivational part of drivers' salaries is still being considered.

Where can I complain about a smoking bus?

You can use the “Clean Air” service, which operates on the basis of the “GIS Ecology” system. You need to mark the bus with a dot on the map and attach a photo of the smoking bus. After this, the information will be studied by the regional Ministry of Environmental Protection, and then the bus will be sent to be checked for compliance with emission standards for air pollutants.

Briefly about the main thing:

• The work of public transport drivers is regulated by the “Rules for the use of buses and trolleybuses in the city of Kirov.” During the flight, they are prohibited from smoking, talking on the phone, breaking traffic rules, and are required to stop at all stops.
• You can complain to the CDS. It is necessary to state the nature of the violation and the registration number, it is advisable to indicate the place and time of the events, and attach a photo or video. Next, the complaint will be sent to the city administration and the driver will be subject to disciplinary or administrative liability.
• You can file a complaint about a smoking bus through the Clean Air service.

If you have questions that you can't find the answer to, ask us and we will try to answer them.
Photo: vk.com/zlo43

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Why do Kirov grooves smoke?

How to complain?

Of course, in any situation, before resorting to extreme measures, it is best to resolve the matter peacefully. But if the driver is found to be inadequate and ill-mannered, then it is necessary to write a complaint against him, since the inaction of passengers can end in big trouble.

Attention! Not only the driver should be responsible for the disorder inside the bus. You can also complain about a bus conductor who does nothing to rein in his colleague. Or on the company itself, which hired non-professionals.

Claim procedure

First of all, let's look at the procedure for writing a complaint against a bus driver.

Where can I write?

It is better to bring it to several authorities at once - this way the matter will go faster, and the likelihood of a positive outcome will be much higher if any authority tries to hush up the matter or completely ignore it.

Here are several organizations that accept complaints from the public against carriers:

• The transport company for which the driver works.
  This is where you should go first. If management is not able to influence its subordinates, then you need to contact the organization below. The carrier company's telephone number is located inside the bus on a stand. As a last resort, it can always be found on the company’s official website.
• Rospotrebnadzor.
• Transport Department of the city administration (in the regions).
• Department of Transport and Development of Road Transport Infrastructure (residents of Moscow).
• Ministry of Transport of the Russian Federation.

Important! An appeal to the Ministry of Transport of the Russian Federation is the last step when other organizations refused to respond to the signal. It is possible that it will try to push the matter down and force one of the organizations to correct the situation.

You can contact the authorities both in writing and orally. Today, the opportunity to file a claim is not limited only to a personal visit, a traditional letter or a telephone call - citizens have access to the official websites of organizations where they can also report a bad driver.

How to file a claim by calling an organization: telephone numbers for citizens’ complaints

If you can’t personally file a complaint or draw up its text, then there is nothing wrong with limiting yourself to a phone call with a request to take action. The transport company's telephone numbers are located at the information stand or on their official website on the Internet. In a conversation with the operator, in addition to stating the essence of the conflict, you must provide the route number, the state sign of the vehicle and the driver’s last name.

The latter is not mandatory, since the company must keep track of who was driving on a particular day, but it will seriously speed things up.

Here are some telephone numbers for feedback from the public:

Required documents and evidence

No documents are needed to file a complaint. They may only ask to present a passport to confirm the identity of the applicant. As for the evidence, the situation is more serious. They need to begin to be collected already in the vehicle interior during the conflict itself.

A video recording of a driver swearing or smoking will serve as excellent evidence of his guilt. The recording or photo can be recorded on a CD and attached to the complaint, making sure to make a note in its text.

Testimony from witnesses will also be a good help. If not only one single person makes a complaint to the driver, but the complaint is collective, then this practically guarantees a positive reaction.

Reference. If the case goes to trial, then physical evidence and testimony are necessary like air for a successful outcome of the case. Without them, you don’t even have to go to court.

Compilation

The written claim itself does not have a specific sample and is drawn up in free form. It is important to follow simple rules for completing applications and avoid mistakes and omissions. Also, offensive language or threats are not allowed. Be sure to write on a blank A4 sheet, you can print the typed text on a printer, or write by hand with a regular ballpoint pen.

To avoid errors, it is better to format the text as follows:

1. In the header of the document in the upper left corner indicate: to whom the application is being submitted on Date. case – full name, position, name of organization.
2. Below: from whom – applicant’s full name, phone number, email. mail.
3. Below, by or "Statement".
4. Next, the essence of the matter is stated in free form: here it is required to talk as specifically as possible and in a clear sequence about all the circumstances of the incident, the participants in the conflict and establish what the driver’s offense was.
   It is imperative to indicate the route number, the state sign of the bus, the exact time and place of the incident, and it is also highly advisable to establish the name and surname of the criminal. Provide contact details of witnesses, if any. At the end of the main part, demand that the driver be punished and refer to the provisions of the law that were violated (for example, Article 7 of the Federal Law “On the Protection of Consumer Rights”).
5. It will be an additional advantage if you list the evidence that is attached to the paper (CD with video footage).
6. At the very bottom is the date and signature of the applicant with a transcript.

Attention! It is better to make two copies of this document. You will need to give one to an authorized person in the organization, and keep the other with a note indicating that this paper was reviewed by representatives of the bus company.

If the case goes to court, a duplicate will help prove that you filed a complaint, but did not receive an adequate response.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

This article explains how to file a complaint against a Mosgortrans bus driver.

Review period

According to Art. 12 Federal Law No. 59 “On the procedure for considering applications from citizens of the Russian Federation” establishes a specific period for processing applications, which cannot exceed 30 days from the date of registration of the document. If any response to the claim is not received, or the result does not satisfy the victim, he has the right to begin legal proceedings.

Trial

Going to court is a last resort when other methods of influencing the transport company and its driver have already been exhausted. If the victim decides to go to court, then he should act on the following points:

1. Contact the nearest branch of the Magistrates' Court and write a statement of claim, detailing the essence of the conflict with a request to satisfy his demands.
2. He must be informed personally about the start date of the trial.
3. The plaintiff must appear in the courtroom on the appointed date and take part in the hearing, where he must present all the evidence in the case.
4. Taking into account all the circumstances of the conflict and the available evidence of the victim’s words, as well as the testimony of witnesses, the judge will make a decision - whether it will be positive or negative depends on the evidence base.
5. If the decision is positive, the court will choose a preventive measure against the culprit.

In what cases can you write for public transport?

To write a complaint there must be valid reasons:

• rudeness on the part of the driver;
• smoking in the cabin;
• inconsistency with the schedule;
• loud music in the cabin;
• violation of traffic rules;
• sending faulty transport to the route.

Each problem has its own specific regulation.

Legal relations in the field of passenger transportation are regulated by the “General Provisions on Transportation” of the Civil Code of the Russian Federation, Federal Law No. 259 - Federal Law “Charter of Road Transport and Urban Ground Electric Transport”, as well as Decree of the Government of the Russian Federation No. 112 “On approval of the Rules for the transportation of passengers and luggage by road transport and urban ground electric", the basis for which was the Federal Law "On the Protection of Consumer Rights".

When leaving the park for the route, the driver receives a traffic schedule. It indicates the approximate travel time, the exact period of stay and the interval between them.

Every driver must strictly follow this schedule. Otherwise, when a complaint is received, liability cannot be avoided. The exception is situations that occurred through no fault of the driver (traffic jams, blocked passages, etc.).

The driver is rude

Complaining about drivers’ rudeness is not only possible, but also necessary. And if boorish treatment is also accompanied by obscene language, you should definitely call the police to draw up a report and bring the driver to administrative responsibility. The lack of moral character in the work of a minibus taxi driver can have a negative impact on his salary.

According to Article 7 of the Federal Law “On the Protection of Consumer Rights”, the carrier’s responsibilities include the condition of comfortable travel by public transport. Unfortunately, legislative norms do not regulate the volume of music and noise inside the vehicle. But they have no right to refuse to accept a complaint. The driver is required to be given a verbal warning, and fines are possible for repeat driving.

Violates traffic rules

If a minibus driver violates traffic rules, law enforcement agencies must deal with it. Failure to comply with traffic rules is unacceptable, and a complaint is a light punishment for the driver.

He must bear administrative responsibility up to and including deprivation of the right to drive, depending on the type of violation.

In this case, it is more effective to act on two fronts. If the passenger’s statement is confirmed by the administrative protocol, the driver may face a severe reprimand or even dismissal.

According to Federal Law No. 87 “On Restriction of Tobacco Smoking”, there is a ban. The same norm is enshrined in the Code of the Russian Federation on Administrative Offences. And if a driver violates the smoking rules, he must be punished by a fine.

By leaving a route on a faulty vehicle from a bus, tram or trolleybus depot, the carrier violates the norm of Article 7 of the Federal Law of the Russian Federation “On the Protection of Consumer Rights,” which provides for the comfortable and safe delivery of passengers. This standard applies to minor faults, for example, when the vehicle interior is very cold or the door is jammed.

Having received a complaint from a consumer, the carrier is obliged to prohibit the release of this vehicle from the fleet until the problems are resolved.

The rules of conduct for public transport drivers, as well as the rights of passengers, are described in detail in the “Rules for the use of ground urban passenger transport”.

A complaint against a Moscow minibus or bus driver can be accepted either orally or in writing. So, you can complain to one of the following authorities:

• To the transport department (Mosgotrans);

The number of the department responsible for a specific type of transport can be found on the information stand in the transport itself. By calling the specified number, you can complain verbally about the public transport driver.

In addition, you can submit a written complaint to this authority. Having drawn up the document, it must be sent by post with the possibility of notification.

It is important to include the following information in the complaint: details of the driver and his vehicle, details of the applicant, a description of the reason for filing the complaint, requirements, a convenient method of communication and the period within which you would like to receive a response to your complaint.

According to the Law, the period for consideration of a complaint against public transport drivers is up to 30 days.

• To the Department of Transport and Communications;

You can complain to this authority in one of the following ways: by sending a complaint to the email number indicated on the official website of the Department; send a complaint by post with the possibility of notification; call the Department in person and state the complaint in this way.

On what grounds can they refuse and what to do in this case?

A complaint does not guarantee a response. The organization also has the right to refuse in the following cases:

• The victim's claims are not supported by absolutely any evidence or confirmation from witnesses.
• There is no reason for a reaction - the driver behaved absolutely correctly.
• The text of the complaint is replete with errors and compiled extremely carelessly.
• The agency is not dealing with this problem and the complaint will be forwarded to another authority.

Important! If your claim is rejected, you will have to deal with it only through the courts. If he also made a negative decision, then it is always possible to file an appeal by preparing an appropriate statement.

Responsibilities and rules of conduct

You should always remember that a shuttle bus driver is a specialist who is responsible for the life and health of his passengers. Therefore, he has a number of obligations and rules of behavior while driving:

• Check your vehicle for technical faults before each trip.
• Pass a medical examination before boarding the flight.
• Strictly follow the established route and stop only at bus stops.
• Inform passengers about stops.
• Do not allow passengers onto the bus if all the places to accommodate them have been exhausted.
• Sell ​​tickets if there is no conductor, and do this only at stops.
• Drive, observing all traffic rules.

Transport services include not only public transport, but also air transportation, as well as railway, freight forwarding and other services. From our articles you will learn about the rules for children traveling on public transport and how to draw up an agreement for the provision of transport services and documents for the transportation of goods, as well as how to complain about SDEK and another transport company if the services are performed poorly.

Are there established rules of conduct and responsibilities?

Responsibilities and rules of conduct are prescribed in the Charter... (No. 259-FZ), Transportation Rules... (RF PP No. 112).

Each motor transport enterprise that transports people develops its own regulations, which stipulate the rules of conduct for drivers and their responsibilities.

Priority in these documents is given to items related to ensuring the safety of citizens.

The responsibilities of drivers are as follows:

• know thoroughly the traffic rules and ensure safe transportation of passengers;
• do not allow the minibus to be overloaded;
• accept payment for travel before the minibus starts moving;
• When the door is open, do not allow driving if there are people in the cabin;
• keep the interior clean;
• be the neatest person;
• boarding and disembarking of passengers should be carried out when the minibus is completely stopped;
• follow exactly the approved route without missing stops, etc.

Of course, there is no specific clause about driver rudeness anywhere.

Such behavior is unacceptable in principle, and in the presence of fierce competition between carrier companies, constant complaints from passengers about employees of a certain enterprise create a negative image, which can affect the authority of the company as a whole and discredit it.

Now, on social media forums, people exchange impressions and experiences in dealing with inappropriate behavior of carrier representatives, and increasingly, signals reach the authorities that have influence over carrier companies.

What to do if the driver violated the rules (drove or braked suddenly) or a passenger was injured? When braking sharply or driving too fast, the driver violates safety rules, thereby creating a threat to the life and health of passengers, and this falls under Article 7, Art. 14 ZPPP.

Not all citizens using the services of minibuses know that passengers are automatically insured during the trip, on the basis of Law No. 67-FZ of June 14, 2012 “On compulsory insurance of civil liability of the carrier” (OSGOP).

This means that if a passenger is injured in the cabin from heavy braking, the passenger has the right to receive compensation for damage, since the driver violated the rules for transporting passengers (paragraph 15, paragraph 2 No. 472 of the Rules dated December 11, 2000). The driver should be made aware of the problem immediately and should then:

• call the police;
• call doctors;
• give the victim the coordinates of the carrier and insurance company.

It is unlikely that the police will deign such a minor incident with their attention.

Ambulance workers are required to provide first aid, and if there are no doctors, then you should get to the hospital in any way and get medical treatment. examination - examination by specialists, x-rays, etc.

The result of the examination will be a report with which it will be sent to the insurance company.

It is important not to forget that it is the ticket for travel on the minibus that is proof of the right to insurance, so the ticket should be kept.

It’s a good idea to take a couple of phone numbers of eyewitnesses to the incident who will agree to testify in favor of the victim. The amount of compensation will be determined based on the severity of the injury.