Why were such amendments needed?
In accordance with Federal Law No. 99-FZ dated 04.05.2011, activities for the regular transportation of passengers by road transport equipped for the transport of more than eight people are subject to licensing.
However, Federal Law No. 294-FZ of December 26, 2008, before the introduction of amendments, established that if transportation was carried out by order, then a license was not required, and the start of business activity was of a notification nature. This was taken advantage of by carriers who, in order to avoid fulfilling the licensing requirements provided for by the Licensing Regulations, carried out, in fact, regular transportation under the guise of registered ones.
At the same time, the established rules of passenger transportation and the requirements for ensuring the safety of passengers were ignored - regular technical inspection of the vehicle and medical examination of the driver were not carried out, waybills and charter agreements were not drawn up. Identifying such carriers and drawing up appropriate protocols on administrative offenses also caused serious difficulties: to carry out an inspection, the simultaneous participation of representatives of the traffic police and Rostransnadzor is required.
As a result, the number of accidents in the transport of passengers by road has sharply increased, many of which resulted in death and serious damage to the health of citizens.
The amendments were adopted with the aim of regulating the mechanism for checking carriers, eliminating loopholes for unscrupulous market representatives and, ultimately, improving road safety.
What requirements must be met to obtain a license to transport passengers by bus?
Specialists involved in issuing licenses for passenger transportation pay special attention to drivers and vehicles. In order for a company to be granted a license, the following requirements must be met:
- Drivers involved in transportation have received category D licenses and have a driving experience of at least three years;
- Persons who will drive a vehicle must obtain a certificate of authorization to drive a vehicle;
- A medical specialist must always be present at the enterprise to perform a pre-trip examination of drivers;
- All vehicles must have a tachograph installed;
- It is permissible to use only technically sound vehicles;
- A suitable type of vehicle is selected for transportation.
Failure to comply with at least one of the requirements will entail refusal to issue a license to transport passengers. To avoid any trouble, use the services of the MIP legal group.
New rules for obtaining a license to transport passengers and other persons by bus from January 1, 2021
Hello colleagues.
On January 1, 2021, Decree of the Government of the Russian Federation of October 7, 2021 No. 1616 “On licensing activities for the transportation of passengers and other persons by buses” comes into force, which approves a new Regulation on licensing activities for the transportation of passengers and other persons by buses. This resolution will replace the current Resolution of the Government of the Russian Federation of February 27, 2021 No. 195 “On licensing activities for the transportation of passengers and other persons by buses.”
The name of the new document remains the same, however, there are a number of significant changes. We'll look at some of them below.
Submitting documents electronically
From January 1, 2021, in order to obtain a license to carry out activities for transporting passengers and other persons by buses, it is necessary to submit documents electronically. This is stated in paragraph 6 of the Regulations:
- 6. To obtain a license, the license applicant sends to the licensing authority in the form of electronic documents (a package of electronic documents) an application for the grant of a license, provided for in Part 1 of Article 13 of the Federal Law “On Licensing of Certain Types of Activities”, in the manner established by the legislation of the Russian Federation on the organization of granting state and municipal services, and the following documents attached to it...
But they also left the opportunity to submit documents in other ways. This is stated in paragraph 7 of the Regulations:
- 7. The application for a license and the documents attached to it, provided for in paragraph 6 of these Regulations, the license applicant has the right to submit to the licensing authority or multifunctional center for the provision of state and municipal services , if the corresponding service is provided through multifunctional centers for the provision of state and municipal services, on paper or send by registered mail with return receipt requested.
Thus, from January 1, 2021, the following methods of submitting documents for obtaining a license will be available:
- to the licensing authority in the form of electronic documents;
- to the licensing authority on paper;
- MFC on paper;
- MFC on paper by registered mail.
See also: Traffic safety briefings for vehicle drivers
The list of documents remains unchanged:
- statement;
- a copy of the order appointing someone responsible for ensuring road safety;
- a copy of the agreement with a medical organization or with an individual entrepreneur licensed to carry out medical activities for pre-trip and post-trip medical examinations;
- a copy of the STS of the buses, and if the buses are not the property of the license applicant, a copy of the document confirming the legal basis of ownership of the buses;
- list of attached documents.
At the same time, according to paragraph 6 of the Regulations, it is not required to confirm the certification of the person responsible for road safety, or the availability of a license to conduct medical examinations. The licensing authority itself verifies the availability of certification and license:
- If the license applicant is responsible for ensuring road safety and has passed the certification for the right to engage in relevant activities in accordance with the procedure established by the Ministry of Transport of the Russian Federation in accordance with Article 20 of the Federal Law “On Road Safety”, and (or) has a license to medical activities in relation to work (services) for medical examinations (pre-trip, post-trip), checking the availability of documents confirming the presence of such certification and (or) license is carried out by the licensing authority without the license applicant submitting copies of documents confirming the presence of such certification and (or) license .
Changing information about buses in the license register
From January 1, 2021, a new clause was added to the Licensing Regulations - changing information about the bus. This is stated in paragraph 13 of the Regulations:
- 13. In the event of a change in information about the bus indicated in the register of licenses (change in the state registration number of the bus , change in the validity period of the bus rental (leasing) agreement, entry of the licensee into the rights of ownership of the bus , including on the basis of a lease agreement concluded with another licensee, who, in accordance with the information included in the register of licenses, owns this bus), the licensee submits to the licensing authority an application to change the information about the bus, attaching documents confirming such changes, including the right to own the bus. The application for changing information about the bus shall indicate:
- a) name of the licensee (name of the legal entity, surname, first name and patronymic (if any) of the individual entrepreneur);
- b) taxpayer identification number;
- c) number and date of issue (day, month, year) of the license;
- d) information about the bus included in the license register that is subject to change;
- e) the method of sending information to the licensee about decisions made by the licensing authority.
Information about the bus in the register must be changed within 1 working day:
- 17. Within a period not exceeding one working day from the date of receipt of the application and documents attached to them provided for in paragraph 13 of these Regulations, the licensing authority checks the completeness and accuracy of the information contained in the specified application and documents and makes a decision to satisfy the relevant application or to refuse his satisfaction.
See also: Measures to prevent road accidents
This resolution comes into force on January 1, 2021 and is valid until January 1, 2027.
On the website, in the “Road Traffic Safety Documents” section, you can find samples of documents necessary for organizing work on road safety.
If you do not have time to compile documentation and search for it on the Internet, or you are not entirely competent in this matter, then on the website you can purchase a ready-made package of documents for organizing work on road safety. The cost of the package is 2500 rubles. Or we will develop from scratch all the documentation necessary to ensure road safety in your organization. The cost of the service is from 10,000 rubles.
All documents are presented electronically in Microsoft Word and Microsoft Excel formats with the ability to edit. In order to receive documents, just write to the email address [email protected] and you will be contacted within a day. Documents will be sent electronically to the email address you provided after confirmation of payment.
Head of the Transport Department Zuev Seraphim
How to add an additional bus to a license?
When purchasing or entering a new bus into the fleet, it will need to be included in the register. For this purpose, the following papers are prepared and submitted to Rostransnadzor:
- statement;
- a certified copy of the vehicle registration certificate;
- a document that confirms the ownership or lease of a vehicle.
Read also: Why do they require a passport when returning?
The application includes all data, including TIN and license information. You will also need to enter the registration plate of the bus and how to receive a response. The response can be received in person or to the specified email address, in particular email.
An additional vehicle is entered within three working days from the date of submission of the prepared papers and certificates.
The same procedure is necessary when changing the vehicle number. In this case, the documents will be a notification and a certificate that confirms the change in the registration number.
How to exclude a bus from the register?
When a vehicle is sold or sent for long-term repairs, the bus is excluded from the register. At the same time, the new owner cannot add the vehicle to his register unless it is removed from it by the old owner. To remove a vehicle from the list, you will need to correctly fill out an application indicating all the information on the license and the bus. The exclusion process takes no more than 3 business days.
List of documents for obtaining a license
The entire package of papers, which includes a fully completed application, can be submitted using several options. Among them:
- personal visit;
- Email;
- ordered letter;
- public service portal.
When using a state portal or email, certification using a digital electronic signature will be required. The portal also requires registration, during which all basic information is indicated.
Sample application for a license for passenger transportation
If the papers do not comply with all standards, the applicant receives a notification within 3 days. Elimination of violations is carried out within 1 month. The package of papers must include the following documents:
- a statement specifying the type of transportation, which can be domestic or international;
- details of a legal entity or individual entrepreneur;
- tax accounting;
- receipt with paid state duty;
- all documentation with state registration data, for example, Unified State Register of Legal Entities;
- inventory of documentation;
- copies of all papers on property and transport;
- copies of the driver’s documents, including certificates and certificates;
- all medical certificates;
- data on driving experience and skills.
Individual entrepreneurs, instead of constituent papers, provide a sheet with the Unified State Register of Entrepreneurs. If any document is missing or has inaccuracies, additional documents will be required.
Conditions for obtaining a taxi license
Currently, those who want to make money as a taxi driver in Russia must obtain permission to transport taxi passengers, which is called a license. The document gives the driver the right to transport passengers for a fee. All issues related to taxi activities are regulated by Article 9 of Federal Law No. 69-FZ. Therefore, the lack of a license is a direct violation of Russian legislation.
There is no uniform form for a taxi permit. Each region approves the sample form independently. But the taxi driver’s license on his car must contain the following mandatory information:
- name of the organization that issued the permit;
- driver's passport details;
- information about the individual entrepreneur, LLC or company where the taxi driver is employed;
- registration number, make, model of the vehicle;
- number, date of issue, expiration date.
The document must be kept in the vehicle and presented upon request of a traffic police officer, an official of an authorized body or a passenger. Its absence is punishable by a fine of 30,000 rubles. In case of repeated violation, in addition to paying the specified amount, the taxi driver will lose his driver's license. If he cooperates with a legal entity on the basis of an employment contract, then the fine increases to 400,000 rubles.
A vehicle permit is issued by the authorized executive authorities of the relevant constituent entity of the Russian Federation on the basis of an application from an individual entrepreneur or legal entity, that is, to obtain a taxi license, you need to create an individual entrepreneur or LLC. A private (individual) person who wishes to engage in passenger transportation will not be able to obtain permission. This is regulated by law that came into force in 2015.
Based on the requirements of the legislative framework of the Russian Federation, in order to start legal activities as a taxi, the following conditions must be met:
- register with the tax authority;
- obtain permits;
- notify the FSS about the creation of an individual entrepreneur or LLC;
- bring the car into proper shape.
A license must be issued for each vehicle used for passenger transportation. It is valid for five years and only in the region where it was issued. The exception is those cases when a passenger, at his request, must be delivered to a destination located in another region of the Russian Federation. You can get a duplicate instead of a lost or damaged document.
After five years, the license can be renewed or revoked. You can also refuse it if you decide to terminate your activities early.
The document can be obtained in several ways:
- by personally submitting an application to the Ministry of Transport or its representative office;
- by using the services of an intermediary company that provides assistance in obtaining a taxi license;
- by creating an application on the State Services website.
