Differentiation of transportation regular custom-made for own needs. Transportation of passengers under the guise of registered. Transportation of passengers by charter bus

Unfortunately, the number of accidents caused by drivers of passenger transport is still growing. This is evidenced by the statistics of the State traffic inspectorate for 7 months of this year: 3,141 accidents occurred through the fault of bus drivers. This is 3.7% more than in the same period last year. They killed 116 people, which is 20.5% less. 4,667 people were injured.

In our enlightened age, such accidents should not happen. In this regard, the State Duma at the plenary session adopted a bill that returns the previously canceled licensing of bus transportation. Its main goal is to counter the illegal regular transportation of passengers, which are carried out under the guise of custom. Buses, minibuses, urban ground electric transport, which transports more than 8 people, fall under the law.

Sergei Bidonko, Deputy Chairman of the Transport and Construction Committee, federal coordinator of the United Russia party project Safe Roads, comments on this document.

- At one time, in order to reduce the burden on business, custom transportation by road was canceled for licensing. Carriers immediately began to leave regular routes and carry out transportation under the guise of registered with all the ensuing consequences. Thus, a huge number of shipments fell out of license control.

However, it is extremely difficult to bring such violators to justice. Our Committee received a large number of proposals from the regions on this topic. This problem is especially acute in large cities where commuting is highly developed. In addition, it is no secret that drivers working on such transportation practically live in a car, many neglect their rest and often fall asleep at the wheel.

Drawing attention to the problem that has arisen, on December 17, 2016, President of Russia Vladimir Putin instructed the Government to urgently ensure the introduction of amendments to the legislation of the Russian Federation that provide for mandatory licensing of the activities of legal entities and individual entrepreneurs for all types of passenger transportation by road, including cases when such activities are carried out by order . The Transport and Construction Committee approved the government bill developed under this order. Thus, the federal law on licensing, repealed in 2011, returns to the legislative field.

Now, obtaining a license requires the carrier to comply with certain requirements - the presence of a GLONASS system in the car, regular medical examinations of drivers, and timely technical inspection. The document will oblige drivers of vehicles weighing more than 3.5 tons and in which more than eight passenger seats are installed to equip their vehicles with a tachograph. Non-compliance with any item may result in refusal to issue a license.

I am sure that licensing will improve road safety, and the requirements for carriers will lead to a reduction in the number of accidents. I think that the adoption of this law will not affect the cost of travel in public transport.

Gr. case No. 2-1043/2016

SOLUTION

In the name of the Russian Federation

Kalachevsky District Court of the Volgograd Region, composed of the presiding federal judge Zaporizhskaya O.A., under the secretary Savenkova E.B., having considered in open court in the city of Kalach-on-Don on June 23, 2016 the case at the suit of the prosecutor of the Central District of Volgograd acting in the interests of an indefinite circle of persons to an individual entrepreneur Solovyov M.The. on the recognition of the activity of organizing regular transportation as illegal and the prohibition of this activity,

Installed:

The prosecutor of the Central District of the city of Volgograd, in the interests of an indefinite circle of persons, filed a lawsuit against an individual entrepreneur Solovyov M.V.

In substantiation of the stated requirements, the plaintiff stated the following.

The prosecutor's office of the Central District of the city of Volgograd conducted an audit of compliance with the law when organizing the transportation of passengers and luggage by road, during which it was found that Soloviev M.V., having the right to transport passengers and luggage only on request, actually carries out regular transportation of passengers and luggage along the Kalach-Volgograd route, which leads to the destabilization of transport services, the outflow of passengers from legitimate carriers and the deterioration of their economic situation.

The plaintiff assistant prosecutor Kalachevsky district of the Volgograd region Gadzhiev DD, acting on the instructions of the prosecutor of the Central District of Volgograd, supported the claim, asked the court to recognize the activities of IP Soloviev M.The. on the organization and transportation of passengers by road on the route "g.Kalach - g.Volgograd" regular transportation of passengers and luggage, to recognize the activities of IP Soloviev M.V. for the organization and transportation of passengers by road along the route "Mr. Kalach - Volgograd "illegal, banning it, explained the circumstances set forth in the lawsuit.

defendant IP Solovyov M.The. did not appear at the hearing, duly notified of the hearing, did not report the reasons for the failure to appear to the court.

The representative of the defendant IP Solovyova M.The. - Dronova C.G., acting on the basis of a power of attorney (ld 68), objected to the satisfaction of the plaintiff's claims, explained to the court that the activities of IP Soloviev M.The. is carried out in strict accordance with the current legislation and in accordance with paragraphs 98.99 100 and 101 of the Decree of the Government of the Russian Federation of February 14, 2009 No. 112 On Approval of the Rules for the Transportation of Passengers and Luggage by Motor Transport and Urban Surface Electric Transport.

The legislator allows for two types of transportation: regular and registered. The implementation of both registered and regular transportation is carried out through an offer. In particular, within the framework of the charter agreement, which has not been disputed by anyone and is valid to date, concluded between IP Solovyov M.V. and OKGN LLC, systematic charter transportation is carried out through a public commercial offer implemented by agents of OKGN LLC. Thus, there is a formation from an indefinite circle of persons into a certain one, the transportation of which is subsequently carried out by the indicated parties. At the same time, in accordance with clause 92 of the Rules for the Transportation of Passengers, these persons board the vehicle in accordance with the boarding passes issued to them when compiling the list of passengers.

The presence of "plates", the route, the place of delivery of the vehicle does not violate the current legislation on the carriage of passengers by road and does not violate the rights and interests of an indefinite circle of persons.

Evidence of a violation by the defendant of security issues during the transportation of citizens by the prosecutor's office was not presented, in general, the statement of claim is based on conjectures and assumptions, which contradicts the provisions of Art. , . He asks in a lawsuit to the prosecutor of the Central District of Volgograd, acting in the interests of an indefinite circle of persons, to IP Solovyov M.The. on the recognition of the activity of organizing regular transportation as illegal and the prohibition to refuse this activity.

The representative of a third party that does not file independent claims on the subject of the dispute, D.V. Kulikovsky LLC, acting on the basis of a power of attorney (case file 86), objected to satisfying the claims of the prosecutor of the Central District of Volgograd, acting in the interests of an unspecified circle of persons to IP Solovyov M.V. on recognizing the activity of organizing regular transportation as illegal and prohibiting this activity, since the plaintiff did not provide evidence that the defendant carried out regular transportation under the guise of registered transportation, asks to dismiss the claim.

After listening to the parties, representatives, examining the materials of the civil case, the court comes to the following.

DECIDED:

In satisfaction of the claims of the prosecutor of the Central District of the city of Volgograd, acting in the interests of an indefinite circle of persons against an individual entrepreneur Solovyov M.The. on the recognition of the activity of organizing regular transportation as illegal and the prohibition of this activity - to refuse.

An appeal may be filed against the court decision within one month from the date of the final court decision to the Volgograd Regional Court through the Kalachevsky District Court.

presiding

Federal Judge:

Court:

Plaintiffs:

The circumstances of the collision of a minibus with a bus on October 5 in the Tver region showed how important it is to strengthen control over transportation of all statuses. The accident, in which, according to preliminary data, 13 people died, reminded once again that the law on the return of licenses for private carriers is vital.

The culprit turned out to be illegal

Early in the morning on October 5, there was a major accident on the road near the village of Nekrasovo, Tver Region. The Ford Transit minibus drove into the oncoming lane and flew into the LiAZ regular bus at full speed. 13 people died in the accident, including the bus driver. At the same time, it was lucky that the bus was almost empty and the main blow fell on the driver's seat, but the man survived.

Photo: UGIBDD of Russia in the Tver region

It soon became clear that the fixed-route taxi worked illegally. “This is a private company that carries out illegal passenger transportation under the guise of registered,” the governor of the Tver region told reporters. Igor Rudenya.

Private licenses will return

Such accidents have long ceased to cause surprise. After licenses for charter and private transportation were abolished in 2012, the number of accidents involving buses is constantly growing, the Ministry of Transport reported. The statistics of the State traffic inspectorate confirm this: in 2015, 4996 accidents occurred due to the fault of bus drivers, in 2016 - 5294, in 2017 - 5608. And since the beginning of 2018, 3632 accidents have already occurred in Russia. True, the traffic police data does not indicate the characteristics of the perpetrators of the accidents: it is not known whether they were illegal carriers or regular bus drivers.

Photo: RIA Novosti / Ramil Sitdikov

But the fact that pirate flights ply on Russian roads is undeniable. The license obliges carriers to comply with a lot of rules: maintain premises for the repair and maintenance of vehicles, conduct a medical examination of drivers before flights and make sure that they do not violate the Rules of the Road, install tachometers and GLONASS systems on buses, and so on. To avoid all this, unscrupulous companies began to simply refuse licenses and make regular transportation under the guise of registered ones.

How to identify an illegal immigrant

It must be admitted that semi-legal minibus flights are in demand among Russians. Because they better meet the ever-changing demand, explained the chairman of the Union of Passengers Kirill Yankov. And it's not even about lower prices, but such carriers save on the maintenance of vehicles and drivers, so they can afford dumping. Minibuses are more mobile, they can travel more often and stop on demand.

“Therefore, it is necessary that control be strengthened over any carriers, regardless of their status. And this is the problem so far,” Kirill Yankov told Parliamentary Newspaper.

At the same time, the return of licenses does not appear to the expert as a panacea: “It is not certain that having a license will guarantee control over the technical condition of the vehicle and the condition of the driver. In addition, there is always the possibility of an accident on the road, even if the driver complies with all traffic rules, as the driver of LiAZ did.”

Kirill Yankov. Photo: PG / Mikhail Nilov

Passengers who care about their own safety can be given one piece of advice: prefer legal flights. How to determine a bona fide carrier? “If the bus runs on schedule and departs from the bus station, then there is a high probability that the company controls compliance with all requirements regarding transport and the driver. If the bus does not depart from the bus station, it is not on the schedule, it collects passengers around the city - the confidence in the quality of service is much lower, ”advised Kirill Yankov.

The State Council of Udmurtia submitted to the State Duma a bill on the administrative responsibility of the carrier for sending the same vehicle used to transport passengers and luggage on order more than three times from the same place within a month. The package of documents was published on Friday in the electronic database of the lower house of parliament.

The document states that recently the problem of accidents has become much worse in the country as a result of mass transportation, a significant part of which is carried out under the guise of custom.

At the same time, regular transportation is usually carried out by “illegal carriers” under the guise of irregular ones, with an increased risk for passengers (because during their implementation, transport security at the places of embarkation and disembarkation of passengers is not properly ensured, and vehicles and their drivers do not undergo appropriate control and verification) and contain signs of unfair competition against legal scheduled carriers.

In this regard, the State Council of Udmurtia proposed for sending the same vehicle more than three times within a month without proper coordination to impose a fine on citizens in the amount of 3-4 thousand rubles, on officials, as well as on entrepreneurs operating without the formation of a legal persons - 80-100 thousand rubles, for legal entities - 100-200 thousand rubles.

The draft notes the need to introduce appropriate responsibility at the federal level in order to solve the problem under consideration as a whole in the country, and not in individual regions.

News archive

The State Duma obliged to license bus transportation

The State Duma adopted in the third, final reading a law banning bus transportation without a license. Within 120 days from the date of entry into force of the law, all legal entities and individual entrepreneurs engaged in the transportation of passengers are required to obtain a license.

The document also provides for equipping all vehicles with tachographs, the readings of which can be checked by state control bodies.

The innovations relate to vehicles with a maximum authorized mass of more than 3.5 tons and more than eight seats. The law will not affect vehicles of the fire brigade, ambulance, police, emergency services, military automobile inspection, the Federal Security Service, the FSO, the Armed Forces, the National Guard, the Investigative Committee, as well as transportation without the use of public roads.

It was decided to tighten the requirements for intercity bus transportation in 2017 after a number of major accidents. The most common causes of accidents were then named as overworking of drivers and violations of those responsible for safety at transport enterprises. Licensing will help keep track of such cases. In addition, this procedure will allow to suspend the activities of violating carriers, and not just write them a fine.

First of all, transportation will again become licensed - the legislator refuses the notification nature of the activity. Thus, with mandatory licensing of custom transportation, drivers are required to undergo a medical examination every day, follow the traffic schedule and provide all necessary documents for the vehicle.

Also, all vehicles must be equipped with tachographs.

According to the press service of State Duma deputy Sergei Ten, this bill amends a number of existing laws: “On licensing certain types of activities”, “On road safety”, “Charter of road transport and urban ground electric transport” and “On protection of rights legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”.

- The main goal of the law is to qualitatively improve road safety, given that passenger transportation, unfortunately, is one of the most sensitive areas in this regard. In recent years, we have seen a significant decrease in the number of road accidents and deaths in them. For example, in 2017, the death rate on the roads decreased by 6% compared to 2016, and by more than 30% compared to 2012. At the same time, there is still a lot of work to be done in this direction, tragic cases with a large number of victims so far, unfortunately, happen regularly. Licensing in this regard is an effective tool of the state to control and restore order in this area, - Sergey Ten noted.

The current legislation divides the transportation of passengers by buses into regular transportation and transportation on request. It already provides for the licensing of activities for the implementation of regular transportation of passengers by motor vehicles equipped for the transportation of more than eight people, except for cases when the specified activity is carried out on orders or to meet the own needs of a legal entity or individual entrepreneur. The adopted bill amends this provision and obliges carriers to obtain a license even for transportation on order or for their own needs, which will reduce the number of abuses and reduce risks to people's life and health.

- The norm should not affect the cost of travel in public transport, since regular transportation, as I said, is already subject to licensing in accordance with applicable law. At the same time, this will make it possible to bring the illegal passenger transportation market out of the shadows, which, neglecting the safety of our citizens, works for its own benefit. After the adoption of the bill, unscrupulous carriers carrying out regular transportation under the guise of charter transportation or transportation for their own needs will no longer be able to hide behind a norm that is difficult for the practical control of Rostransnadzor, the deputy noted.

Thus, Sergei Ten said, the adoption of this bill is another step towards achieving the goals of the “Strategy for Road Safety in the Russian Federation for 2018-2024”, approved in January this year. The task of the State Duma, the Russian government, and civil society is to reduce accidents and injuries in road transport as much as possible.