Taxi drivers fined for illegally operating without a license

Illegal taxi

Dear readers!
Our articles talk about typical ways to solve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free! Deputies are considering new penalties for illegal taxi drivers. Over the past year, 846 licenses out of 4,687 were revoked. The issuance of new licenses has decreased several times.

I have one friend, Vladimir from Moscow. After work, he has been driving on his own for 5 years, without a license, of course. He says he really likes driving late at night. Few cars, many interesting people to talk to, good extra income.

He consulted with me several times about punishment for such activities. And so, a week ago, he received his first fine for several thousand rubles. Let's figure out what you can be punished for.

Who is checking

Individual entrepreneurs and legal entities of any form of ownership can obtain a license for passenger transportation. Private (individuals) can obtain permission only for transportation by passenger transport (taxi).

Before issuing a license, the Federal Service Administration is obliged to inspect the organization and identify the possibility of obtaining a permit.

An organization that has a license for passenger transportation is obliged to:

• constantly confirm the possibility of carrying out the activity for which the permit has been issued. The department can conduct both scheduled and unscheduled inspections of the company. Scheduled inspections are provided for by law no more often than once every 2 years (Federal Law No. 294 “On the protection of the rights of legal entities and individual entrepreneurs”). Unscheduled inspections are carried out after identifying violations in the field of passenger transportation;
• comply with the rules of passenger transportation established by the charter of railway and road transport or codes on water transportation.

Compliance with transportation rules can be monitored by responsible organizations, for example, in the field of road transport this is the State Traffic Inspectorate, customs authorities, when carrying out international transportation.

If violations are detected, the company may:

• subject to administrative punishment;
• deprived of a license for passenger transportation.

Documents for obtaining a permit for passenger taxi transportation

The package of documents provided to the Department depends on the legal status of applicants. Entrepreneurs who have registered an individual entrepreneur must present an STS, an individual entrepreneur's certificate and a passport. You will need OGRNIP, TIN and confirmation of the legal right to dispose of the car, if it is not owned, by presenting a rental or leasing agreement. Organizations provide STS for each car, OGRN, TIN, manager’s passport, as well as a rental or leasing agreement.

Attention! Entrepreneurs and companies acting through an official representative should issue a power of attorney, which is certified by a notary.

Individuals are not issued licenses for passenger transportation, so they first need to register an individual entrepreneur. To do this, you will need to provide a passport, fill out form P21001 and indicate SNILS, INN for the production of an electronic stamp.

Businessmen who want to register an LLC to open a taxi fleet and obtain licenses for taxi cars to provide passenger transportation services need the following papers:

• Form P11001;
• The founder’s decision or minutes of the meeting, if the company was founded by several people;
• Charter;
• A letter of guarantee confirming the provision of a legal address if the company does not own real estate;
• Confirmation of payment of state duty;
• Application for choosing the tax regime of the simplified tax system.

Fine for work

If a repeated violation is detected, it is possible to:

• confiscation of vehicles used for passenger transportation;
• restrictions on the activities of the transport company for a period of 90 days.

It should be noted that this article applies to all types of passenger transportation, that is, transporting passengers in a taxi without a license is punishable by similar penalties.

Tougher penalties are aimed at legalizing transportation and reducing offenses in the field of passenger transportation in order to minimize risks and damage to people's health.

In 2012, new rules were introduced, compliance with which is necessary for the transportation of people by passenger taxis; for violation of the rules, liability is also provided, regulated by Article 11.14.1:

• if in the vehicle interior there is no information on the rules of taxi operation, indicating tariffs, then:
  

  the driver may be fined	1,000 rubles
  to the person in charge	at 10,000 rubles
  per company	30,000 rubles

• similar fines are provided for in situations where the passenger is not given a cash receipt or other document confirming payment for the use of passenger transport services;
• If a vehicle does not have a color scheme or a taxi lamp, then the amount of penalties is:

We invite you to read: Fines for parking on the lawn in 2021

In order to provide services for transporting people and take money for it, you need to follow certain rules. Here is a list of the main things you need to do in 2021 to avoid getting a fine.

• Checkers and special lights must be installed on the car;
• the car must be a certain color;
• a taximeter must be installed;
• Transportation regulations must be posted in the vehicle.

Since the driver provides a service, at the request of the passenger he must issue a check or receipt for payment for the services. If a taxi provides services for transporting children, then child seats must be installed in the car.

Our hero Sergei was fined in full. The law stipulates that the penalty for illegal transportation is 5,000 rubles. But it is also indicated that in different regions these figures may differ from each other.

In Moscow, the penalty is 10,000 rubles.

If identification marks are not installed on the car, you will have to pay another fine of 3,000 rubles.

In addition, in some cases, traffic police officers can remove license plates and send the car to the parking lot.

If the driver is caught for not issuing a receipt, he will have to pay 1,000 rubles.

If a driver illegally installed an identification light on his car or applied a color scheme, his fine will be 5,000 rubles.

Compared to the previous version of the law, the amount of punishment has increased several times.

Sanctions for transporting passengers by taxi without a license

Responsibility for providing services without a license is provided for in Art. 14 Code of Administrative Offenses of the Russian Federation. Drivers engaged in private transportation using personal vehicles may be fined by the police. Individuals who do not have permission to carry passengers pay a fine of 5 thousand, and companies that organize such activities without taking care of obtaining the appropriate permit will be fined 50 thousand rubles.

Attention! A driver working as an individual entrepreneur or on behalf of an LLC is required to have the issued permit in his car. If it was issued by the Department, but is not in the taxi, then the driver will be fined 5,000 rubles.

In addition to fines, there are a number of other restrictions that make passenger transportation without a license unattractive:

• Inability to connect to Yandex. Taxi and other popular services;
• High commission fees for orders;
• It is necessary to have money on the balance in the application downloaded to connect to the services, so that it is possible to automatically withdraw funds towards the subscription fee;
• Inconvenient work schedule and inconsistent orders.

What to do if caught

A license is required if passenger transportation is carried out:

• water modes of transport;
• by rail;
• aircraft;
• by road, if the bus can accommodate more than 8 passengers and the activity is not aimed at customized transportation or supporting the activities of the company. That is, regular transportation is carried out in urban, suburban or intercity or international traffic;
• passenger taxis.

Transporting passengers without a license under the Code of Administrative Offenses is punishable by a fine, which is imposed:

• on drivers;
• on persons who allowed transportation;
• to organizations performing transportation.

If a repeated violation is detected, in addition to a fine, there is the possibility of confiscation of the vehicle.

If an employee of a regulatory organization has discovered an offense involving the absence of a license when it is necessary to have one, then the driver:

• may agree and sign the protocol on the offense. The result of such an action will be the issuance of a decision on violation of the rules and the imposition of a fine;
• may try to prove that the transportation is carried out outside the scope of the licensing law, that is, the transportation of friends is carried out, for which no fee is charged, or company employees are transported to their place of work.

The driver (representative of the legal entity) will defend his rights in court. The following may be used as evidence:

• statements of passengers who are witnesses;
• documents for ordering a tourist package, holiday cottage, etc.;
• waybill issued by a company employee to the driver indicating the purpose of the trip.

International passenger transportation by minibus is covered in the article:

We suggest you read: Application for a hostel from your place of work

international passenger transportation by minibus

.

Is it allowed to carry children under 1 year of age in a car by hand? Read here.

Fines for not having a license on a bus

Fines for lack of a license when transporting people on a bus are provided for in Article 14.1.2 of the Code of Administrative Offenses and amount to:

Please note that the fines are quite significant. So if your organization has buses, you should start obtaining a license and including these buses in a special register.

Good luck on the roads!

Transportation of passengers on request without a license

This is not difficult to do. You will need the following documents:

• documents for the car;
• passport;
• copies of these documents.

Take these documents to the Ministry of Transport of your city. Although sometimes this body may be called differently in your city. If everything is in order, then within 30 days you will be issued a license for 5 years. It will contain information about the car, car owner details, date of issue and individual number.

Transportation of people on order is carried out on the basis of a charter agreement, which must be concluded in writing or in the form of a document called an order - work order.

A contract or order - the order must contain:

• name and date of preparation of the document;
• name and details of the charterer (customer of the transportation). If the customer is a private person, then the full name, passport details, registration address and emergency contact phone number are indicated;
• name and details of the freighter (carrier);
• vehicle make and license plate issued upon registration;
• Driver's full name;
• the address and time to which the vehicle must be delivered to begin transportation;
• the name of the final and intermediate points of the route (intermediate points are indicated only if there will be a transport stop with passengers disembarking, for example, for a comfortable overnight stay;
• time of arrival at the final destination of the route;
• the cost charged to the customer for transportation;
• Full name and position of the person who calculated the cost of the order;
• the number of passengers who need to be transported to their destination;
• Full name and position of the person who has the right to certify the transportation.

The charter agreement must be with the driver when providing the service and presented to the employees checking the documents.

When performing custom transportation, the vehicle must be marked with “custom” signs, which are located:

• on or above the windshield;
• on the body on the right side (the side is determined as the vehicle moves);
• on the rear window.

Only those passengers who are indicated in the list provided by the customer of the service are allowed into the transport for transportation.

For non-compliance with the rules of chartered passenger transportation, penalties may be imposed as provided for in Article 11.14.2 of the Administrative Code:

• concluding a charter agreement not in writing will result in a fine:
  

  for the driver	5,000 rubles
  for the person in charge	at 50,000 rubles
  for a company, transportation organizer	200,000 rubles

• failure to provide a contract to employees monitoring compliance with transportation rules is punishable by a fine of 5,000 rubles, which is paid by the driver;
• Charging passengers for fees not provided for in the contract of carriage is punishable by a fine:
  

  for the driver	5,000 rubles
  for the person in charge	50,000 rubles
  For the company	200,000 rubles

• similar fines apply to the admission into a vehicle of persons not listed on the list or who do not have the documents required for transportation.

Examples from judicial practice

Since most disputes between carriers and control authorities are resolved in court, many case studies can be cited to prove the factors presented in the article.

Example 1

In the Chelyabinsk region, the driver was transporting a citizen in a car. A traffic police officer argued in court that the driver was a private driver without a license.

We suggest you familiarize yourself with: How to find out from the resolution what the traffic police fine was issued for by the resolution number © Lawyer Hotline

The driver of the car managed to prove that the passenger he was transporting did not pay the fare, which was taken into account by the judge.

Based on the testimony of the passenger and the lack of evidence from the traffic police representative, a decision was made in favor of the driver. The fine imposed by the regulatory authority has been cancelled.

Example 2

In Tula, employees of the regulatory organization conducted a raid to identify illegal private taxis.

To do this, the organization’s employees carried out a so-called “test purchase”, that is, a taxi was called by one of the dispatch service telephones or the car was stopped on the street.

After the driver collected the fare, the employees checked the documents. During the operation, more than 30 illegal taxi drivers were identified. All drivers were fined, which the court found to be justified.

Obtaining a license is the first step to engaging in business activities related to passenger transportation.

Sanctions for illegal carriers are constantly being tightened, which leads to a reduction in accidents.

The requirements for transporting groups of children by bus are outlined in the article:

transporting groups of children by bus

.

For information on passenger transportation by Russian Railways, see the page.

Find out how to draw up a contract for the carriage of passengers and luggage from the information.

Mandatory requirements

To work as a taxi driver and get a license, you must meet certain conditions. Your driving experience must be at least 5 years. The vehicle must be marked with distinctive markings.

You also need to install a taximeter and checkers. License costs may vary in different regions. In most regions this amount is 5,000 rubles. In Moscow it can reach 10,000 rubles.

Remember also that in the near future fines may be increased by 6 times. The State Duma proposes a fine of 30 thousand rubles for transporting passengers without a license.

Amounts of fines

So what is the fine provided by law? Below we suggest you familiarize yourself with the lists:

• buses: for an individual – from 5 to 50 thousand rubles, for a legal entity – from 100 thousand to 1,000,000 rubles;
• taxi: for an individual – from 5 to 50 thousand rubles, for a legal entity – from 100 to 400 thousand rubles;
• private cars: for an individual – from 1 to 5 thousand rubles, for a legal entity – from 30 to 500 thousand rubles;
• sea ​​transport: for an individual – from 20 to 75 thousand rubles, for a legal entity – from 100 to 200 thousand rubles.

Note! For transporting passengers without a license, individuals may not only pay a fine, but also lose their vehicle.