Summer is not only the holiday season, but also the time of children's holidays. Accordingly, during this period you can see entire columns of buses with children heading to children's camps.
Such transportation must be carried out in accordance with special requirements regulated by current legislation. The carrier is obliged to provide minor passengers with maximum safety and comfort. To reduce the likelihood of injury to children during transportation, the law establishes a number of requirements that must be observed by both the driver and other adults on board the bus.
Rules for transporting children on the bus
Children's bus trips can be carried out not only in the summer, but also during the school year. Most often, groups of students are transported in the following cases:
- when visiting excursions;
- when traveling on holidays;
- when organizing country outings;
- when traveling to competitions, etc.
When transporting children, the responsible person must be guided by the rules established by the Ministry of Transport of the Russian Federation. General rules for organizing trips with the participation of minors are specified in Decree of the Government of the Russian Federation No. 1177. This document came into force in 2013. Additions to this regulatory act were published in 2015 and were included in the Decree of the Government of the Russian Federation No. 652.
Judicial practice under Article 12.23 of the Code of Administrative Offenses of the Russian Federation:
Supreme Court decision: Resolution N 44-AD15-1 of March 24, 2015 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 44-AD14-3 of June 30, 2014 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 2-AD11-4 of 08/18/2011 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution N 46-AD15-28 of July 23, 2015 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 10-AD14-7 of July 15, 2014 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution N 18-AD16-153 of June 29, 2016 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution N 45-AD17-1 of 02/16/2017 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 16-AD13-3 of 07/09/2013 Judicial Collegium for Administrative Cases, supervision
Decision of the Supreme Court: Determination N 44-G09-13 of 07/08/2009 Judicial Collegium for Civil Cases, cassation
Supreme Court decision: Resolution No. 9-AD17-1 of 03/06/2017 Judicial Collegium for Administrative Cases, supervision
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What changed
According to the new rules, transportation of minors is permitted only in the presence of two parents. Instead, authorized representatives may take part in the trip. Thus, if there are two parents in addition to children on the bus, transportation can be carried out without complying with special rules.
Legal representatives of minors may be:
- health workers;
- group accompaniments.
If a group of children is transported accompanied by parents or authorized representatives, then they must take care of ensuring the safety of minors.
Updated requirements for buses
Transport intended for transporting children must meet the following requirements:
- Speed Limit. When transporting children, the driver cannot exceed the established speed limit (60 km/h). If the bus can reach a speed above this limit, then a limiter must be installed on it.
- The presence of an automatic warning system that turns on when reversing.
- The bus must be painted yellow. On the sides there are the inscriptions “Children”.
In addition, GOST 33552-2015 establishes a number of rules for the arrangement of seats in the cabin, as well as the equipment of the driver’s seat. Passenger seats must be equipped with restraint systems.
Transport time requirements
✓ If the bus travel time is more than 4 hours, then children under 7 years old are not taken on the trip. Based on common sense, such a child could travel with a parent - but there are no reservations in this regard in the Rules.
✓ At night, organized transportation of children is not permitted. After 23.00 you can:
- take a group of children to the train station, airport - or pick them up from them,
– complete the trip: deliver to the final destination or place of overnight rest,
- in case of delay on the way.
In any case, after 23.00 the transportation distance cannot exceed 100 kilometers.
✓ If the travel time is more than 12 hours, and more than 3 buses are used to transport children, a medical worker must be with the group. For 1 or 2 buses, a health worker is not required, regardless of the length of the trip.
Conditions for transporting children
Let's consider the general rules for transporting minors:
- It is prohibited to transport children on buses that have the status of public transport. If a vehicle is assigned to a specific route, then it cannot be used for irregular passenger transportation.
- The bus must have more than 8 passenger seats.
- The total number of buses is more than three.
- Each driver transporting minors must have the appropriate permit in hand. You can get it from the traffic police. Having stopped the bus, the traffic police officer has the right to demand that the driver provide this document. Until 2016, drivers were required to carry the original permit. You can provide a copy today.
- Transportation of minors must be carried out from 6 am to 11 pm. It is allowed to transport children only during daylight hours. The exception is the use of airplanes or trains as transport. Also, transporting children in the dark is permissible in emergency cases related to difficult weather conditions, vehicle breakdowns, etc. The maximum speed when driving in poor lighting conditions is 50 km/h.
Fines for traveling by bus
Home / Travel for children's groups by transport / Organization of transportation of groups of children by road / Fines for transporting children by bus
The fines have been significantly increased . Federal Law No. 138-FZ of May 1, 2016, Article 12.23, paragraph “c” says:
4. Organized transportation of a group of children by buses that do not meet the requirements of the Rules for the organized transportation of a group of children by bus, or by a driver who does not meet the requirements of the specified Rules, or without a charter agreement, if the presence of such a document is provided for by the specified Rules, or without a list of appointed accompanying persons,
- entails the imposition of an administrative fine on the driver in the amount of 3,000 rubles; for officials - 25,000 rubles; for legal entities - 100,000 rubles.
5. Violation of the requirements for the transportation of children at night , established by the Rules for the organized transportation of a group of children by bus,
- entails the imposition of an administrative fine on the driver in the amount of 5,000 rubles or deprivation of the right to drive vehicles for a period of 4 to 6 months; for officials - 50,000 rubles; for legal entities - 200,000 rubles.
6. Violation of the requirements for the transportation of children established by the Rules for the organized transportation of a group of children by bus, except for the cases provided for in parts 4 and 5 of this article,
- entails the imposition of an administrative fine on officials in the amount of 25,000 rubles; for legal entities - 100,000 rubles.”;
What can the traffic police fine you for?
Each department, within its competence, can fine for violation of laws and established rules.
The traffic police may fine the driver for a vehicle malfunction, incorrectly executed documents, or violation of traffic rules.
Also, the traffic police may fine the organization/individual - the organizer of the trip for the absence or a group list not drawn up in accordance with the established procedure, for the presence of unauthorized persons on the bus, for the absence of a program (travel route), the absence of a vehicle charter agreement, etc., which is within its competence Traffic police in accordance with regulatory documents.
Therefore, to avoid penalties:
1. Complete the group list correctly (full full name, date of birth of each, phone numbers of parents, indication of adults present on the bus);
2. Have with you the procedure for boarding and disembarking children on the bus;
3. In the bus seating chart, indicate the last name of each passenger;
4. Make sure that children are wearing seat belts while driving and do not move around the bus or have “get-togethers”. This is also very important for the safety of passengers in the event of emergency braking of the bus.
5. Do not stop outside of permitted parking areas. In the bus route map, indicate the maximum number of bus sanitary stops. However, it is not at all necessary that you stop at them.
Can traffic police officers fine for “packed rations”, its composition, and unspecified addresses of program facilities?
Nutrition is not their responsibility. Rospotrebnadzor is responsible for compliance with SANPINs.
For example, the program only indicates the name of a cafe/dining room, etc. and the address is not specified. Indicate food stops in the route map, as well as stops at the objects of visit.
Your actions when drawing up a report of violations.
An act is a document that reflects an offense and is the basis for imposing fines. If you sign the act and agree with the facts stated in it, then subsequently it is almost impossible to challenge the actions of the traffic police officers. If you do not agree with the contents of the act, then be sure to write in it what you do not agree with. This will be the basis for reviewing claims against you both in the traffic police departments and in court. You may refuse to sign the document.
Can organizers who are not legal entities be fined?
Yes they can. “For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities.”; (Note paragraph “g” of Article 12.23)
We make an application to the traffic police
A correctly drawn up document must contain the following information:
- Departure date and time.
- Route information.
- Number of buses used to transport children. Models, brands, and license plate numbers of vehicles are indicated.
- Data on the credentials of persons authorized to drive buses.
- Information about the customer.
- Information about persons responsible for transporting minors.
- Carrier details.
- Number of minors.
How children are transported under adult supervision
A group consisting of children must be accompanied by one or two adults. This is due not only to safety measures, but also to the fact that the child may need help, a question will arise, or the baby will want to go to the toilet. The direct responsibilities of the accompanying adult include monitoring the route and children. If there are several buses, then a main escort is always appointed who will be responsible for everyone.
Alexandrov Pavel Valerievich
Automotive lawyer at the specialized law office “Protection on the Road”, Moscow
Ask a Question
Transportation of a children's group accompanied by parents who have not been appointed as accompanying persons is carried out according to general rules. In this case, all responsibility for the safety of the child lies on the shoulders of the parent. This applies to both small movements and long trips.
Driver requirements
To carry out organized transportation of children, the driver must meet certain requirements. Let's look at them in more detail:
- Availability of open category D.
- Driving experience – at least one year.
- No serious traffic violations over the past year. We are talking about those offenses for which liability is provided in the form of deprivation of a driver's license or arrest.
- On the day of departure, the driver must undergo a medical examination in accordance with the established procedure.
- The driver must undergo training regarding the rules for transporting children.
Fines for violating the requirements for transporting children from traffic regulations
Let's consider part 3 of article 12.23 of the Code of Administrative Offenses:
3. Violation of the requirements for the transportation of children established by the Traffic Rules -
entails the imposition of an administrative fine on the driver in the amount of three thousand rubles; for officials - twenty-five thousand rubles; for legal entities - one hundred thousand rubles.
Part 3 provides for penalties:
- for the driver - 3,000 rubles,
- for officials - 25,000 rubles,
- for legal entities - 100,000 rubles .
I note that under Article 12.23 of the Code of Administrative Offenses, individual entrepreneurs are considered legal entities. This also applies to all fines discussed below.
So, fines for officials and individual entrepreneurs apply to the organized transportation of children. , the following traffic violations may be committed :
- Transporting children in the back of a flatbed truck;
- The number of children exceeds the number of seats;
- The bus is not marked with “Transportation of Children” signs;
What requirements must a bus meet?
Transportation of children can only be carried out in specially equipped vehicles. Let's consider the general requirements for buses:
- Lifetime. The bus must not be older than 10 years.
- Transport must be equipped with a GLONASS navigation system.
- Having a tachograph is mandatory.
- The bus must have a valid diagnostic card. It is important that the vehicle undergoes technical inspection in a timely manner. This should be confirmed by notes in the diagnostic chart.
When children's buses must be accompanied by traffic police officers
Accompanying is considered possible if children are traveling in a convoy that consists of 3 or more buses. In order to organize a trip, you must obtain a paper permit from a traffic police representative. At all traffic police posts this document is checked, the driver is obliged to provide originals or a certified copy for this.
Important: It is better to apply in advance. The deadline is 2 days before the start of the journey. The responsible person is obliged to keep the original permit for 3 years.
The person organizing the transportation must submit an application in advance. The State Traffic Inspectorate is responsible for organizing support for children's transportation. Therefore, you should submit your application there.
What we indicate in the application:
- exact route;
- travel start time;
- duration of travel;
- description of each bus;
- number of children: lists with age for all buses;
- Full name of accompanying persons on each bus;
- Full name of the driver, his documents.
If children go on a trip on 1-2 buses, then escort by traffic police officers is not necessary in this case. However, the responsible person is obliged to notify them of his intentions.
What do we indicate in this case:
- exact route;
- dates of movement, duration;
- information about the organization involved in transportation;
- lists of children with full name and age;
- lists of accompanying persons;
- information about the vehicle, drivers, and their documents.
Inspectors must issue their permit. It will indicate that the organizer has notified them, they have no reason to prevent the transportation of children. You can see a little more about this in the video.
