Opening hours of controllers in public transport. types of controllers. How to distinguish them. How are they legally supposed to work? The controller asks how I got into the transport. I have to answer
And then I decided to just pick it up, doubting that it belongs to me. I did not have any other documents with me, and I could not confirm that the card was mine. With difficulty, she begged me to leave it. I would like to know if the inspector has the right to take the social card? What exactly is the responsibility of a public transport controller?
Tatyana Protasova. Zyablikovo.
As explained in the capital's mayor's office, when checking tickets on a bus, trolleybus or tram, all controllers of Mosgortrans must be in official uniform, with a company logo patch on the sleeve.
At the first request of passengers, the controller is obliged to present a certificate, without handing it over to them, and give his last name. According to the instructions, the controller must show restraint and tact in dealing with passengers, drivers and conductors. That is, he cannot, for example, use force or search a hare.
Allowed:
Check the ticket or preferential certificates, their authenticity and validity using a special portable device. Passengers hand over tickets, social cards and other documents to the controller;
Oblige the hare to buy a ticket at the current fare from the driver if the passenger has not paid the fare. Recall that only the following tickets are currently sold in the salon: TAT (trolleybus, bus, tram) - for 100 rubles. for 5 trips or for 700 rubles. for 40 trips; "90 minutes" - for 50 rubles. for 1 trip or for 100 rubles. for 2 trips. The purchased ticket must be punched in the validator;
Require the stowaway to leave the passenger compartment at the nearest stop if he refuses to pay the fare. At the same time, the controller does not have the right to use force or delay the departure of a bus, trolleybus or tram;
Call the police squad to draw up a protocol on an administrative offense if the stowaway refuses to leave the salon;
Apply to the nearest police station in case of a threat of reprisals and (or) the use of physical force against the controller during the performance of his official duties;
Apply adequate protection measures within the limits of permissible self-defense in case of a threat to life and health;
Track the passage of passengers through the turnstile with a printout of the results in case of conflict situations. This list usually indicates the time of passage and ticket numbers, as well as on the tickets themselves. If the violator behaves incorrectly, the controller must warn him about surveillance using cameras (if they are installed in the cabin), with photo and video recording of the event;
Pick up a fake or someone else's travel document (ticket, social card, student card), if the passenger showed it to the controller to confirm the fare payment. At the same time, the inspector is obliged not only to take away the fake, but to write out an act, one copy of which should be given to the violator.
Check tickets in violation of the uniform, without an official ID, transport card of the controller and task order, as well as in alcohol or drug intoxication;
Take fines from stowaways. This can only be done by controllers of the State Public Institution "Organizer of Transportation", who also monitor fares not only on the ground, but also in the subway;
Delay the movement of public transport;
Deprive passengers of legal travel documents (tickets, social cards, student travel card);
Take money, documents and personal belongings as collateral from hares;
Control fares on routes not specified in the task order;
Take fake or other people's travel cards or social cards without compiling and issuing the first copy of the act of seizure (according to the "Job Description of the Controller of Passenger Transport", effective from 1.07.12).
People with controller's ID. If a person refuses to present such a document, you can safely ignore it.
The controller's procedure is regulated by city law and the inspection organization, therefore, in order to say for sure whether he has the right to perform certain actions, you must first study his job description. Next, we will consider what rights the controller has on the basis of federal law, regardless of which organization he works for.
Does the controller have the right to deliver a stowaway to the police?
Yes, it has. In accordance with article 27.2 of the Code of Administrative Offenses of the Russian Federation, the controller can forcibly take you to the police station to draw up a protocol. But only on condition that it is impossible to do it on the spot (for example, you forgot your passport).
What should I do if the controller insulted me?
The controller dropped a person without a ticket from the transport. So it is possible?
At the level of federal legislation, the only thing that the controller should do with a free rider is to draw up an administrative offense report or offer the passenger to pay a fine without him. However, the law does not specify in more detail the rights and obligations of controllers in this regard, which gives the inspection organizations the freedom to establish their own rules. So, for example, in the job description of the controller-auditor of Russian Railways it says:
If a passenger traveling without a travel document (ticket) or with an invalid travel document (ticket) refuses to pay the fare [...] take measures (including with the help of transport police officers) to remove the passenger from the train.
Most likely, if the controller requires you to leave the transport, he has the right to do so, so you should not start a dispute about this.
Can the controller detain me in transport to draw up a protocol or pay a fine?
Suppose, during the time of clarifying the relationship with the controller, you have already arrived at the desired stop. In this case, without refusing to draw up a protocol, you can get out of the vehicle. If the controller keeps you by force, he will break the law. Indeed, in the list of persons entitled to administrative detention (Article 27.3 of the Code of Administrative Offenses of the Russian Federation), there are no controllers. But the police can stop you.
What if I do not agree with the fine?
The controller has the right to impose a monetary penalty on a stowaway without drawing up a protocol. But Article 28.6 of the Code of Administrative Offenses of the Russian Federation states:
If the person in respect of whom an administrative offense case has been initiated disputes the existence of an event of an administrative offense and (or) an administrative penalty imposed on him, a protocol on an administrative offense is drawn up.
This means that you may not agree with the fine assigned to you, and in this case, the controller must draw up a protocol. However, he has no right to continue demanding money from you. Describe in detail the reasons for your disagreement in the protocol and put your signature on it.
The controller asks how I got into the transport. Am I required to answer?
Suppose you used someone else's social card and the controller is trying to find out how you got past the turnstiles. You can safely ignore these questions, since no one is obliged to testify against himself ().
Can a passenger be fined if he is under the age of 16?
No. In accordance with Article 2.3 of the Code of Administrative Offenses of the Russian Federation, persons under the age of 16 cannot be held administratively liable.
Job description of the controller of passenger transport[name of organization, enterprise, etc.]
This job description has been developed and approved in accordance with the provisions and other regulations governing labor relations in the Russian Federation.
1. General Provisions
1.1. The controller of passenger transport belongs to the category of technical executors.
1.2. A person who has an initial professional education, without presenting requirements for work experience, or a secondary (complete) general education and special training according to an established program, without presenting requirements for work experience, is appointed to the position of a passenger transport controller.
1.3. The controller of passenger transport is appointed and dismissed by order of the head of the enterprise upon submission of [insert what is required] and is directly subordinate to [insert what is required].
1.4. The controller of passenger transport must know:
Decrees, orders, orders, other governing and regulatory documents of higher authorities relating to the operation of passenger transport;
Rules for the carriage of passengers, baggage (hand luggage);
Rules of the road in terms of stopping vehicles and permitted speeds;
Forms of travel and transportation documents;
Tariffs for the passage of passengers and baggage (hand luggage);
Ethics of communication with passengers;
The procedure for collecting fines and the rules for issuing receipts and imposing fines on violators of the rules of travel (luggage) in passenger transport;
Fundamentals of labor organization;
Legislation on labor and labor protection;
Internal labor regulations;
Rules and norms of labor protection, safety measures, industrial sanitation and fire safety;
- [fill in as needed].
1.5. During the absence of the controller of passenger transport (vacation, illness, etc.), his duties are performed by a person appointed in the prescribed manner.
1.6. [Enter as required].
2. Job responsibilities
Passenger Transport Controller:
2.1. Checks on passenger transport whether passengers have documents for travel and baggage (hand luggage).
2.2. Monitors compliance by passengers with the rules of travel and baggage.
2.3. Imposes fines on passengers and collects them in the prescribed manner for violations of the rules of travel and baggage.
2.4. Controls the implementation of the rules for the transportation and service of passengers by road transport workers.
2.6. Checks whether the conductors or drivers (working without conductors) have filled in the ticket registration sheets correctly and whether the traffic schedule is observed.
2.6. Controls the equipment of buses and taxis, as well as the equipment of linear structures and stopping points.
2.7. Draws up acts and reports on violations committed by road transport workers.
2.8. [Enter as required].
3. Rights
The controller of passenger transport has the right:
3.1. Receive from specialists of structural divisions of the enterprise the information necessary for the implementation of its activities.
3.2. Submit proposals on issues related to their activities for consideration by their direct management.
3.3. Require the management of the enterprise to assist in the performance of their duties.
3.4. Get acquainted with the draft decisions of the management of the enterprise relating to its activities.
3.5. [Enter as required].
4. Responsibility
The Controller of Passenger Transport is responsible for:
4.1. For improper performance or non-performance of their official duties provided for by this job description, to the extent determined by the labor legislation of the Russian Federation.
4.2. For offenses committed in the course of carrying out their activities - within the limits determined by the administrative, criminal and civil legislation of the Russian Federation.
4.3. For causing material damage - within the limits determined by the current legislation of the Russian Federation.
4.4. [Enter as required].
The job description was developed in accordance with [name, number and date of the document].
Head of structural unit
[initials, last name]
[signature]
[day month Year]
Agreed:
Head of the legal department
[initials, last name]
[signature]
[day month Year]
Familiarized with the instructions:
[initials, last name]
[signature]
[day month Year]
Currently, there are 2 types of controllers in Moscow's surface public transport (GUP Mosgortrans).
1 type- Controller of Mosgortrans (sometimes they are also called MGT controllers). Is an official employee of a particular bus or trolleybus fleet, or a tram depot. It can work on the routes of its park or depot, or neighboring routes in the district. Check tickets has the right only in uniform. They are easy to identify by the patch with the Mosgortrans logo on the shoulder. The patch is required. If it is not in the right place, this is a violation, and the passenger does not owe anything to such a controller.
In addition to the form, such a controller is obliged to introduce himself and present his certificate at the first request of the passenger, according to his job description:
“3.Obligations of the controller: 3.7. To present, for visual inspection, without handing over to the passenger, an official certificate at the first request of the passenger, to give his last name.
You can study the full text of the job description of Mosgortrans controllers on the official website of Mosgortrans at the link: http://www.mosgortrans.ru. Moreover, it does not matter at all whether the controller wants to personally check your ticket at the moment or not. If he is currently on duty (checks tickets), then any passenger can come up and ask him for a certificate. Even if the controller does not want to see the ticket personally.
Rights of controllers of Mosgortrans. First of all, of course, they check the tickets. If everything is in order with the form and documents (if the passenger wishes to look at them), then the passenger must present his ticket to him. If there is no ticket, his next legitimate step is to politely ask the passenger to punch the ticket (if the ticket is already there, but just not punched in the validator). If there is no ticket, buy a ticket from the driver or from him (the choice of who to buy a ticket from is left to the passenger): “3.Obligations of the controller: 3.13. In a tactful manner, oblige the person who committed the violation to pay for his own travel or transportation of hand luggage (luggage) by redemption through the ticket control and redemption device (TCPB) in the vehicle; in the area of the boarding terminal and (or) the transport hub that the passenger has travel documents. In case of their absence, purchase a boarding pass from the controller (driver) and redeem it through the UKPB. We strongly recommend buying a ticket from the driver. There is a salary increase for the sale of tickets. The driver at least carries you, performs the necessary work. And the controller did you no good. Better let the driver get a surcharge.
If the passenger refuses to do this, then such a controller has the right to demand to leave the passenger compartment at the nearest stop: “3.15. In case of refusal to pay for travel and (or) transportation of luggage (hand luggage), a person who has violated the Rules for the Use of Ground Public Public Transport (trams, trolleybuses, buses) in the city of Moscow must demand to leave the vehicle at the nearest stopping point. Of course, they can only demand this (in words), and nothing more. They do not have the right (but sometimes allow themselves in violation) to try to push or pull a passenger by force; they cannot delay the bus, demanding the driver not to go and scare the hare, accusing him of delaying everyone else (so that the other passengers would psychologically put pressure on the hare). In this case, the passenger refuses to get off, they can only call the police and report the fact of stowaway at the moment. But, without the right to detain a bus or a passenger (in the cabin or at a bus stop) until the arrival of this police. And it will be up to the police to intercept this bus in time, while the hare is still on it. After all, the controller himself does not have any serious powers to hold passengers (does not even know what the protocol of detention looks like), and has no right to hold those who want to leave:
3. Obligations of the controller: 3.16. If the passenger refuses to leave the passenger compartment of the vehicle and refuses to pay for the fare, call the police department to draw up a protocol on an administrative offense.
6. The controller of passenger transport is strictly prohibited from: 6.4. When exercising control, change the schedule of buses, trolleybuses, trams.
In addition to the above, Mosgortrans inspectors can still confiscate other people's preferential tickets (social cards of a Moskvich, a student, etc.) from passengers if the passenger himself (voluntarily) naively presents one as his fare ticket: 3.Obligations of the controller: 3.14. Take from passengers presented to the controller during the verification of the correctness of fare payment, illegitimate (fake) travel documents, including illegally used social cards of Muscovites (SCM), or social cards of residents of the Moscow Region, as well as student travel cards that do not belong to the persons who presented them to confirm the fact of payment travel. And if the passenger noticed the controller in time and refuses to present a social card, on which it may even be possible that “I am a hare, there is no ticket at all” - there can be no question of any withdrawal, even if the controller saw how the passenger attached something then to the turnstile, and not crawled under it, for example. There is absolutely no evidence that a passenger has someone else's card in his pocket, even if the passenger says that there is no ticket, and a minute ago he applied an unknown type of ticket to the validator. The controller is nobody, and has no right to carry out searches, searches and other similar manipulations. Yes, there may be divorce attempts, police intimidation, card blocking, etc. on the part of the controller. But, these are all violations, but for now we are considering what the actions of the controller should be exclusively according to the rules. In this case (passenger passed through the card, and said that there was no ticket at all) - the controller can only politely ask to buy a ticket, and nothing more. What a passenger has in his pockets is none of his business.
Mosgortrans controllers have nothing to do with fines. Only the second type of controller can issue a fine. The first type (Mosgortrans) can work both on their own and in conjunction with type 2.
type 2- controller of the GKU "Organizer of Transportation" (popularly - GKUshnik). The same controllers that appeared under Sobyanin. They are official employees of the Moscow Department of Transport. Let me be clear: there is absolutely nothing to be afraid of. They also have their own form, only in which they have the right to check tickets (http://orgp.mos.ru). The type of jacket (jacket, jacket) may differ depending on the weather. In cold weather, this is an entirely blue jacket. In autumn and spring, there may be a blue jacket. In summer - a white jacket or a blue shirt. But, most importantly (most notably), they are given out by other mandatory distinguishing features. The first is the red chevron "traffic control", which should hang on the left shoulder. And a badge with an individual number, which is worn around the chest. The badge must hang, completely open (as in the picture), on the outermost clothing, not covered by anything, not hidden, etc. Interns are not provided with uniforms as such. They are required to have a bright yellow vest on top of civilian clothing. A chevron and a badge on the vest are also required. And if any of this is missing (chevron, badge, vest) - this is a violation, and the passenger does not owe him anything:
Naturally, these controllers are also required to present their certificate at the first request of the passenger.
Rights of GKU controllers. First of all, of course, they also check the tickets. If everything is in order with the form and documents (if the passenger wishes to look at them), then the passenger must present his ticket to him. But if there is no ticket, his actions differ from the controller of Mosgortrans. In that case, he must ask passport (or other identity document) for issuing a fine. Well, perhaps this is where his powers ended. After all, the passenger does not have the obligation to present a passport or other similar documents to any controller! Yes, he can also call the police and report the fact of stowaway and refusal to present a passport. And that's it. He, like the controller of Mosgortrans, does not have the right to prevent the departure of a passenger by force (127 of the Criminal Code of the Russian Federation illegal imprisonment) or otherwise hold him until the police arrive. The controllers of the GKU are also nobody, and there is no need to be afraid of them. And forget what you saw about them on TV. All this is nonsense. Better ride specially more, watch them. See how often they work by hiding the icon (so that the passenger does not notice them in time). How often they intimidate people with various sanctions, taking advantage of the illiteracy of passengers. It is disgusting to see the statistics on their website that dozens of fines are issued daily. Folks, do you really have not a drop of self-respect to give them passports and just get a fine when you can just leave? Have you atrophied the feeling of mutual assistance, that you do not help others at all, whom they breed them with you? Yes, they are nobody at all, there is nothing difficult in helping another passenger to leave, suggesting about the right not to give a passport. And that's it, all the profitability of these controllers will instantly disappear. You don't have to be vegetables. They have no real powers at all. They are not the police and not another power structure. All the "strength" and payback (issued fines) of these controllers is based only on mass illiteracy on the part of passengers, that no one helps anyone and does not prevent them from breeding. And if you all (passengers) help each other, the controllers will not be able to do anything. Yes, this means that only by law they can issue a fine in only 2 cases:
1. If the passenger’s conscience suddenly began to torment him because he traveled without a ticket, and he himself voluntarily agrees to a fine (admits his guilt), and presents a passport (when he clearly knows that this can not be done, that you can just take it, and leave). But, it can only be on a voluntary basis! law, binding passenger to present a passport to some controller - just No! There is no law allowing the controller to keep passengers in the cabin or at a stop in case of refusal to present a passport. Everything else is intimidation (divorce) on the part of controllers or excess of their authority.
2. If the controllers have a joint raid with the police officers who walk with them. And then the police officer can already deliver to the department, where they will already establish your data and write out a fine. But such joint raids are a one-time thing. You can ride every day for 3 years and meet such a team only 1-2 times. But, if this happened, there is nothing terrible from a trip to the department. If you can’t avoid a fine, then it’s better to go there so that the controllers (who will go too) spend a lot of their time and miss several dozen potential hares. The ability to receive moral compensation not at the expense of one’s own profit, but at the expense of a minus to the controllers and a plus to several other passengers at once (who did not get a fine) is a very competent position of a self-respecting ideological hater of the controllers.
And in everything else - it's just an impudent gopota in uniform, which the people are afraid of, zombified after watching news releases about them. But in fact, they do not have serious powers and there is no need to be afraid of them. And in combination with useful tips for passengers (see below), you can feel confident in general and learn how to competently protect yourself or other passengers from them. Let there be a comfortable journey without the lawlessness of controllers!
