Taxi services are quite in demand. This gives rise to the high popularity of such vacancies. In conditions where other jobs in most regions offer very low income, working in a taxi allows you to earn more.
Considering the fact that working in a taxi is directly tied to the transportation of passengers, in 2021 the legislator is making significant demands on taxi drivers. Violation of them leads to the application of penalties based on current legislation.
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When is a taxi driver fined in 2021?
Before starting to work in a taxi, you should study the requirements for carriers that are established by the legislator, since failure to comply with them will lead to penalties. In 2021, there are indeed many such requirements; for violation, each taxi driver is fined.
Fine for not having a taxi license.
Transporting passengers is a licensed activity. The law prohibits transportation without a special permit. This requirement is established by Federal Law No. 69 of April 21, 2011, in Article 9. A taxi driver’s license is issued for a period of five years. It can be received by an individual entrepreneur or an organization, but not by an individual.
Clause 2.1.1 of the Traffic Regulations establishes that a taxi driver is required to carry with him and provide upon request of a traffic police officer permission to operate a taxi. Punishment for lack of a license is provided for in Article 12.3, paragraph 2.1 of the Code of Administrative Offenses of the Russian Federation and is expressed in the form of a fine in the amount of five thousand rubles.
Fine for operating a faulty taxi car.
Any car, even if it is used purely for personal purposes, must be in full working order, but this only applies to certain breakdowns. For example, no one will fine a driver whose car does not have power windows, but you cannot drive with faulty brakes.
The appendix to the traffic rules, called the “List of faults and conditions under which the operation of vehicles is prohibited,” indicates all the breakdowns that will interfere with the operation of vehicles in 2021. The same applies to taxis. The main requirements are for brakes, steering, lights, windshield wipers, and wheels. The functionality of these systems is necessary to ensure maximum safety for both the driver and his passengers.
Driving a car in the presence of faults listed in this appendix is punishable in accordance with Article 12.5 of the Code of Administrative Offenses of the Russian Federation. The fine for taxi drivers starts from 500 rubles and reaches 5,000; deprivation of the right to drive for up to six months can also be applied.
Penalty for lack of waybill.
Any transportation of passengers and luggage imposes a requirement for the taxi driver to have a waybill. Paragraph 2.1.1 of the traffic rules states that the driver, if required by law, must have such a document with him and present it to the traffic police. The charter of road transport and urban ground electric transport, in article 6, paragraph 2, states that transportation in a taxi in the absence of a waybill is prohibited.
The sanction for the absence of a taxi driver’s waybill in 2021 is provided for in Article 12.3 of the Code of Administrative Offenses of the Russian Federation; it is determined in the form of a fine in the amount of five hundred rubles.
Fine for installing taxi checkers.
Transport used for transportation must be marked. At the same time, the activity is controlled by the state so that the use of a special designation, the so-called “checkers,” is prohibited if the car is not officially considered a taxi.
The illegal installation of taxi checkers is provided for in Article 12.4 of the Code of Administrative Offenses of the Russian Federation.
Thus, the illegal installation of a lamp that indicates a taxi is punishable in accordance with paragraph 2. The fine will be 5,000 rubles for drivers and 500,000 rubles for organizations. In both cases, the subject of the violation, that is, “checkers,” is confiscated.
The use of a color scheme that indicates a taxi is punishable in accordance with paragraph 3 of Article 12.4 of the Code of Administrative Offenses of the Russian Federation. The fine is the same amount as for illegal installation of checkers (5,000 rubles for drivers and 500,000 rubles for legal entities).
Fine for using a car with checkers without a taxi license.
Driving a car on which special taxi signs are installed illegally is punishable under a different standard. Thus, paragraph 4 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation deals with the situation when there is a taxi lamp on the car. The fine for a driver in 2021 will be 5,000 rubles.
Paragraph 7 refers to a car with a printed color scheme. For taxi drivers without a work permit, the fine is exactly the same.
Fine for not having checkers on a taxi in 2019.
The use of taxi vehicles that are not properly marked is also prohibited. Responsibility is determined on the basis of Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation. Thus, paragraph 3 states that the fine for a taxi driver will be 3,000 rubles.
A penalty is applied if at least one required element is missing, for example, only a color scheme or only a lantern. And if all the designations are missing, then the sanction will be exactly the same.
Penalty for failure to issue a check.
Requirements for the issuance of cash documents apply to all entrepreneurs and taxis are no exception. At the same time, the legislator separately stipulates sanctions for violation of this rule by a taxi driver. Thus, paragraph 2 of Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation establishes that the sanction for such a violation will be a fine of 1,000 rubles for the driver.
Fine to a taxi driver for failure to post mandatory information.
Some information must be placed in the car. Specific information that must be provided is listed in the Rules for the carriage of passengers and baggage by road and urban ground electric transport. Paragraph 117 states that the front panel will contain information about the name of the freighter, terms of payment, a driver’s card containing his photo, and details of the body that monitors transportation. Paragraph 118 already indicates that a passenger taxi must contain transportation rules.
The fine for the lack of mandatory information in a taxi in 2021 is provided for in Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation. For a taxi driver it will be 1,000 rubles, for officials – 10,000 rubles, for legal entities – 30,000 rubles.
Fine for driving without insurance.
Driving by car always requires a compulsory motor liability insurance policy. It makes no difference whether we are talking about a taxi or personal transport. The legislator has provided for liability for such a violation.
Responsibility is provided for by the norms of the Code of Administrative Offenses of the Russian Federation. Thus, paragraph 1 of Article 12.37 establishes a fine for driving with an MTPL policy during a period not provided for by the insurance policy or the absence of a specific person in the policy (500 rubles), and paragraph 2 of the same article provides for a fine of 800 rubles for failure to fulfill insurance obligations.
Taxi driver fined for driving without a child seat.
The rules for transporting children in taxis are also regulated on a general basis, that is, a fine is provided for all drivers, not just taxi drivers.
Liability is established by paragraph 3 of Article 12.23 of the Code of Administrative Offenses of the Russian Federation. The fine for the driver will be 3,000 rubles. But a legal entity, for example, a transportation company, can be fined up to 100 thousand rubles.
Fine for a taxi driver for driving in a dedicated lane in 2021.
On the one hand, only route transport is allowed to travel along this part of the road, but the issue needs to be considered more carefully.
Thus, clause 18.2 of the traffic rules establishes a list of vehicles that are allowed to drive in the bus lane. This list also includes passenger taxis. Accordingly, in 2021, a taxi driver will not be fined for driving in a dedicated lane.
Requirements
To the car
The requirements for taxi driver's cars are quite strict. All of them are regulated by paragraph 5.1 of the main provisions for the admission of vehicles to operation of the traffic rules. For violation of these requirements, a fine is issued, as already described above under Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation.
Checkered and special signals
This is one of the very first points that traffic police inspectors can pay attention to. The checker must be installed on a taxi car without fail. Otherwise, you can get a fine for not having a checker in a taxi. Sometimes drivers, even having a license, can specifically remove it, for example, when going out of town.
Some simply save on this, although the cost of such equipment today is not high. If a person undertakes such a business activity, then he should adhere to the requirements to the end, in order to avoid possible problems from the law.
Colors
You will also have to take care of the color of the vehicle in advance. If the correct drawings were applied to the car, meeting modern requirements, then none of the traffic police inspectors will be able to bring the driver to administrative responsibility.
But taxi drivers rarely receive fines for color, since it is a secondary factor. Mandatory colors are exclusively for taxi companies, and it is important to remember this as a single taxi driver.
This is justified by the fact that many people carry out transportation in their personal car, and changing its appearance will be somewhat unpleasant and inconvenient.
Another thing is special cars in the taxi fleet. Individual entrepreneurs can only install a taxi light and call it a day.
Taximeter
A taximeter is already a mandatory requirement for all taxi drivers without exception. Without it, the calculation of the cost of the trip will be much less accurate, and therefore, due to its absence, the driver will definitely receive a fine.
After all, long gone are the days when drivers independently set and announced the price for travel to a particular destination. Today, the cost of travel depends solely on the number of kilometers traveled and the time the car is idle.
A taximeter is not an expensive piece of equipment. It must be placed in the cabin, and always in full view of passengers. As a result, the passenger will know exactly how much and what he will need to pay for, which will eliminate all conflicts on this basis - another plus in favor of purchasing a taximeter.
Transportation rules
Another additional requirement for taxi equipment is the presence of transportation rules in the car. It describes all the intricacies of driver service, the principle of payment, rules of behavior, etc., and therefore this document is required when in a taxi. And for its absence, accordingly, during any inspection by the traffic police, the taxi driver will be punished.
In any public transport, you can observe transportation rules, and since taxi services are regulated by the state, they are no exception. If you do not have this document, you may be fined for driving without a license, and, as written above, it is quite a fine.
Do you need a permit to operate?
A state license, in essence, is a similar permit. A license plus fulfillment of all requirements for the car and its equipment and requirements for the driver is sufficient to earn money by transporting passengers.
To the driver
In order for a driver to obtain a transportation license, he must also meet certain requirements. Accordingly, without following them, the driver will most likely start transporting people without a license, which implies punishment (find out what fines for violating the rules for transporting people here). There is only one requirement for taxi drivers: he must have at least five years of driving experience.
This may hinder young drivers who have just received their license. But these strict requirements are fully justified - taxi drivers must have enough driving experience to safely carry out their transportation.
On our portal we also talked about the applicable fines: for violating the rules of maneuvering and transporting cargo, for driving while intoxicated, for overtaking or speeding, for driving through a railway crossing illegally and at a prohibiting traffic light, for hitting a pedestrian and an obstacle, for license plates.
What is the fine for an unlicensed taxi driver in 2021?
Taxi operations require a special permit (license). It is not so difficult to obtain it; the procedure is simplified as much as possible to legalize the activities of carriers. Violation of the license requirement will result in administrative liability.
In addition, there are several more indirect violations, one way or another related to the activities of taxis.
Violation | Legal norm | Sanction amount | Possibility of discount |
No license | clause 2.1 art. 12.3 Code of Administrative Offenses | 5000 rubles | Available |
The car is faulty | Art. 12.5 Code of Administrative Offenses | From 500 to 5000 rubles, depending on the type of malfunction | Available |
There is no waybill | clause 2 art. 12.3 Code of Administrative Offenses | 500 rubles | Available |
Illegal installation of checkers | Art. 12.4 Code of Administrative Offenses | 5,000 rubles for a driver, 20,000 rubles for an official and 100,000 rubles for a legal entity. Additionally, confiscation of the object of the violation is applied. | Available |
Using vehicles with checkers | clause 4 and clause 7 of Art. 12.5 Code of Administrative Offenses | 5,000 rubles for applying “checkers” according to clause 4 and 5,000 rubles for applying a color scheme according to clause 7. | Available |
No checkers on taxis | clause 3 art. 11.14.1 Code of Administrative Offenses | 3000 per driver, 10000 per official and 50000 per organization | Absent |
Non-issuance of a check | clause 3 art. 11.14.1 Code of Administrative Offenses | 1,000 rubles per driver, 10,000 per official and 30,000 rubles per organization | Absent |
Lack of mandatory information | clause 1 art. 11.14.1 Code of Administrative Offenses | 1,000 rubles per driver, 10,000 per official and 30,000 rubles per organization | Absent |
Lack of compulsory motor liability insurance | Art. 12.37 Code of Administrative Offenses | 500 rubles if you don’t have insurance “with you” or if it’s overdue, 800 rubles if you don’t have insurance at all | Available |
No child seat | Clause 3 art. 12.23 | 3,000 rubles per driver, 25,000 per official and 100,000 rubles per organization | Available |
Driving in a dedicated lane | It is not a violation for a taxi if the car has special markings. |
Fine for not having a taxi waybill
You can carry passengers in a taxi only if you have a waybill. The procedure for issuing travel vouchers is established by Order of the Ministry of Transport of Russia dated September 18, 2008 N 152. A voucher must be issued for each car and for each driver, even if drivers on the same car change during the day. Waybills are registered in a special journal and stored for 5 years.
The driver receives a waybill from his taxi company before the start of each work shift. The mechanic examines the car, and the medical worker examines the driver, which is noted on the waybill. Information about the car and driver is filled in, mileage and the trip is ready.
The punishment for those who drive without a waybill is established by part 2 of article 12.3 of the Code of Administrative Offenses of the Russian Federation. The inspector may issue a warning to the driver or issue him a fine of 500 rubles.
Who pays the fine imposed on the taxi driver?
In 2021, the fine is paid by the person to whom it was issued. The resolution indicates who is responsible for the violation, regardless of who issues the document, the court or the traffic police officer.
So, if the fault lies with the taxi driver, as an individual, then he will pay a fine. If we are talking about the guilt of an official or an organization as a whole, then a sanction will be imposed on them. For example, a transportation organization did not provide employees with the technical ability to issue a check. Accordingly, a fine will be imposed on the legal entity.
The person held accountable may attempt to change the subject. For example, the organization will provide evidence that it provided child seats and that their absence in the car is the fault of the taxi driver alone. In this case, responsibility rests with the taxi driver.
The procedure for imposing a fine on a taxi driver in 2021
In 2021, the fine is applied to the taxi driver on a general basis. It is also appointed in accordance with general norms.
So, the procedure for assigning a fine to a taxi driver is as follows:
- detection of a violation by the relevant employee;
- issuing a protocol on an administrative violation;
- issuance and delivery of a decision on an offense.
The driver may refuse to receive the order, in which case it will be filled out in front of witnesses and sent to him by mail. If an organization is held liable, the protocol will be sent to its address.
In accordance with paragraph 2 of Article 2.1 of the Code of Administrative Offenses of the Russian Federation, an organization is brought to administrative responsibility if it had all the conditions to comply with established standards. At the same time, paragraph 3 of this norm states that holding an individual liable does not exempt the organization from punishment. It turns out that the sanction can be applied simultaneously to the taxi driver and the carrier.
Changes in taxi laws, what to expect in 2020-2021
In 2021, the accident rate involving taxi cars increased by more than one and a half times, and the death rate increased by 30%. The President of the Russian Federation presented such data in his speech at the board of the Ministry of Internal Affairs and ordered to strengthen responsibility for violation of traffic rules when transporting passengers.
In this regard, the Ministry of Transport has prepared changes to the Code of Administrative Offenses of the Russian Federation. We wrote about this in our news: Taxi drivers will face an increase in fines.
Also under consideration in the State Duma is a draft federal law on regulating the taxi market. A unified law is necessary, since the taxi industry is currently regulated by separate articles from different legislative acts.
What should a taxi driver do if a fine is imposed?
If a taxi driver is brought to justice by the traffic police in 2021, he can choose one of the following options:
- Agree with the violation and sign the protocol. It is recommended if the driver fully admits his guilt and agrees with it.
- Disagree with the violation and refuse to sign the document. It is not recommended, since such a refusal will not delay the punishment and will complicate the appeal process.
- Sign the protocol and indicate disagreement with the violation.
If you disagree with the text of the protocol, it is best to indicate this when signing. The next step is to appeal the traffic police fine in court or by filing a complaint with a higher authority.
The taxi driver has the right to both recognize the protocol and pay the fine, and appeal in the prescribed manner. The organization, represented by officials, has the same capabilities.
How to challenge a fine?
If you work in a taxi and you have been fined, but you do not agree with it, you have the right to challenge the administrative penalty in pre-trial or court proceedings. The pre-trial method involves challenging it through a higher-ranking head of the traffic police, because it is the inspectors who make decisions to prosecute:
- Write a complaint. In it, indicate the date and number of the disputed resolution, the date and time of the offense for which you were ordered to pay a fine. You also need to indicate the reasons on the basis of which the resolution should be declared illegal: for example, if at the time of its registration you were with the car in another place and it was drawn up erroneously, or the inspectors “punished” for a violation that you did not commit. It is advisable to provide video or audio recordings.
- File a complaint with all the evidence to the head of the traffic police and wait for a response. 30 calendar days are allotted for consideration of the application, after which, if the decision is positive, you will be sent a copy of the decision to cancel the previous decision, according to which you must pay a fine. If the decision is negative, you will also be sent a written response, which you can appeal in court at the location of the inspection.
Appealing the traffic police decision
If the appeal takes place in court, the procedure is almost the same.
First, you need to draw up and submit an application to cancel the decision along with all the evidence, and then participate in the hearings and receive a court decision. It comes into force within 10 days: this period is given for appeal. If during the specified period no one has challenged the decision, its certified copy will be sent to the traffic police, and administrative liability will be removed from you. You won't have to pay a fine. Taxi fines for drivers
Is there a discount on fines for a taxi driver?
Clause 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation provides for the possibility of paying administrative fines with a fifty percent discount. However, we are not talking about all fines, but only those imposed on the basis of Chapter 12 of the Code of Administrative Offenses of the Russian Federation, with the exception of some individual violations.
It turns out that in 2021, a fine imposed on a taxi driver for lack of mandatory information, failure to issue a receipt and lack of “checkers” cannot be appealed. Other violations may be paid within twenty days from the date of issue in an amount equal to half of the originally assigned amount.
Appeal
A taxi driver can appeal a fine in the following order:
- obtain a copy of the decision imposing a fine from the traffic police;
- prepare the text of a complaint against the decision, indicating the reason for disagreement, a link to the necessary legal acts and evidence;
- send a complaint to a higher authority or court.
Further, everything depends on the body that will consider the complaint. So, if this is, for example, a regional department of the traffic police (provided that the fine was issued by state traffic inspectors), then all that remains is to wait for the result of the review. If the appeal is made through a court, the applicant will need to take part in the hearing and present his arguments and evidence.
Applications for appealing a fine imposed on a taxi driver can be found here.
How to avoid fines for a taxi driver in 2021?
A taxi driver can avoid fines if he follows the basic legal requirements:
- use special designations that identify passenger taxis;
- have a license and monitor its validity;
- have all the necessary information in the car;
- provide clients with financial documents;
- regularly check the machine for technical condition.
It is also recommended to comply with the general requirements that apply to all drivers. For example, regarding the availability of a compulsory motor liability insurance policy or compliance with traffic rules in general.
Requirements for a taxi car in Moscow
There is no federal standard on the color scheme of passenger taxis. Cars of any color can work in taxis, unless there are local restrictions. Regions of the Russian Federation can independently set requirements for the color of taxi cars.
For example, in Moscow taxis must be yellow. License plates must also be yellow.
The uniform color was introduced so that passengers can distinguish legal carriers that comply with the requirements and ensure a safe trip for passengers. Yellow license plates give taxi drivers the right to drive in a dedicated lane and not waste time waiting in traffic jams.
In the Moscow region, the color of taxi cars is different - the main white color of the body is complemented by a yellow reflective stripe on the sides of the car and a gray stripe along the bottom of the body.
For carriers who do not comply with the rules and requirements for organizing transportation, fines are provided.
Nuances
Penalties for taxi drivers in 2021 are imposed on violators who do or do not have the appropriate status, but are actually engaged in such activities. In this case, drivers should pay attention to some practical nuances:
- a fine is issued if a citizen engages in such activities without permission;
- both a color scheme and a special lamp must be installed on the car;
- Taxi drivers are subject to general requirements regarding the safety and technical condition of the car.
The document that the driver must have is called a “permit,” but it is incorrectly called a license.