Decree of the Government of the Russian Federation of April 2, 2012 N 280
"On approval of the Regulations on licensing the transportation of passengers by road transport equipped for the transportation of more than 8 people (except for the case if the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur)"
In accordance with the Federal Law "On Licensing of Certain Types of Activities", the Government of the Russian Federation decides:
1. Approve the attached Regulations on licensing the transportation of passengers by road transport equipped for the transportation of more than 8 people (except for the case if the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur).
2. To recognize as invalid:
Decree of the Government of the Russian Federation of October 30, 2006 N 637 “On approval of the Regulations on licensing the transportation of passengers by road transport equipped for the transportation of more than 8 people (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur)” ( Collection of Legislation of the Russian Federation, 2006, No. 45, Article 4711);
paragraph 23 of the changes that are made to the acts of the Government of the Russian Federation on issues of state control (supervision), approved by Decree of the Government of the Russian Federation dated April 21, 2010 N 268 “On introducing amendments and invalidating certain acts of the Government of the Russian Federation on issues of state control ( supervision)" (Collected Legislation of the Russian Federation, 2010, No. 19, Art. 2316);
paragraph 24 of the changes that are being made to the resolutions of the Government of the Russian Federation on issues of state duty, approved by Decree of the Government of the Russian Federation dated September 24, 2010 N 749 “On amendments to certain resolutions of the Government of the Russian Federation on issues of state duty” (Collection of Legislation of the Russian Federation, 2010, N 40, Art. 5076);
Decree of the Government of the Russian Federation of September 27, 2011 N 790 “On amendments to the Decree of the Government of the Russian Federation of October 30, 2006 N 637” (Collected Legislation of the Russian Federation, 2011, N 40, Art. 5552).
4. Establish that subparagraph “d” of paragraph 4 of the Regulations approved by this resolution shall become invalid as of January 1, 2013.
Position
on licensing the transportation of passengers by road transport equipped for the transportation of more than 8 people (except for the case if the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur)
(approved by Decree of the Government of the Russian Federation dated April 2, 2012 N 280)
With changes and additions from:
November 26, 2013, June 28, September 14, 2016, March 21, 2017, August 14, December 22, 2018
1. These Regulations determine the procedure for licensing activities for the transportation of passengers by road transport equipped for the transportation of more than 8 people (except for the case if the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur) (hereinafter referred to as the activity of transporting passengers).
2. Licensing of passenger transportation activities is carried out by the Federal Service for Supervision in the Sphere of Transport and its territorial bodies (hereinafter referred to as the licensing authority).
3. The following works are included in the passenger transportation activities:
a) regular transportation of passengers in urban and suburban traffic;
b) regular transportation of passengers in intercity traffic.
4. Licensing requirements when carrying out passenger transportation activities are:
a) the presence of the license applicant (licensee) with premises and equipment for the maintenance and repair of vehicles belonging to him on the right of ownership or other legal basis and meeting the established requirements, or the existence of an agreement with a specialized organization for the provision of services for the maintenance and repair of vehicles;
b) the license applicant (licensee) has drivers of vehicles who have entered into an employment contract or a service agreement with him and have the necessary qualifications and work experience, as well as who have undergone a medical examination in the prescribed manner;
c) the license applicant (licensee) has a license to carry out medical activities that include performing work (services) for medical examinations (pre-trip, post-trip), or the existence of an agreement for the provision of services for medical examinations (pre-trip, post-trip) with a legal entity or individual an entrepreneur who has a license to carry out medical activities, providing for the performance of work (services) for medical examinations (pre-trip, post-trip);
d) the presence of the license applicant (licensee) on the right of ownership or on another legal basis necessary to perform the work provided for in paragraph 3 of these Regulations, vehicles that meet the purpose and design of the technical requirements for the transportation of passengers and are allowed in the prescribed manner to participate in road traffic;
f) the use by the licensee of vehicles equipped in the prescribed manner with technical means of monitoring the driver’s compliance with traffic, work and rest regimes (when carrying out regular transportation of passengers in intercity traffic);
g) use by the licensee of vehicles equipped in the prescribed manner with GLONASS or GLONASS/GPS satellite navigation equipment;
h) compliance by the licensee with the requirements established by Article 20 of the Federal Law “On Road Safety”;
i) compliance by the licensee with the requirements imposed on the carrier in accordance with the Federal Law “Charter of Road Transport and Urban Ground Electric Transport”, including the Rules for the Transportation of Passengers and Baggage by Road Transport and Urban Ground Electric Transport;
Information about changes:
By Decree of the Government of the Russian Federation of September 14, 2016 N 924, paragraph 4 was supplemented with subparagraph “k”
j) compliance by the licensee with the requirements established in accordance with the Federal Law “On Transport Security”.
5. Carrying out activities for the transportation of passengers by road in gross violation of licensing requirements entails liability established by the legislation of the Russian Federation.
In this case, a gross violation is understood as the licensee’s failure to comply with the requirements provided for in subparagraphs “e”, “g” and “h” (in terms of the requirements established by paragraphs four, seven and eight of paragraph 1 and paragraph six of paragraph 4 of Article 20 of the Federal Law “On Road Safety” movement"), paragraph 4 of these Regulations, which occurred repeatedly during the year or entailed the consequences provided for in Part 11 of Article 19 of the Federal Law
6. To obtain a license, the license applicant sends or submits to the licensing authority an application and documents specified in Article 13 of the Federal Law “On Licensing of Certain Types of Activities,” as well as the following copies of documents indicating the license applicant’s compliance with licensing requirements:
a) copies of documents confirming the existence of vehicles intended for use for the transportation of passengers on the right of ownership or other legal basis, their state registration, including copies of vehicle passports, coupons for passing a technical inspection of vehicles;
b) copies of documents confirming that the license applicant has premises owned by him or her on the right of ownership or other legal basis and meeting the established requirements, the rights to which are not registered in the Unified State Register of Rights to Real Estate and Transactions with It (if such rights are registered in the specified register - information about these premises), as well as equipment for the maintenance and repair of vehicles, or a copy of the agreement with a specialized organization for the provision of services for the maintenance and repair of vehicles;
c) a copy of the diploma of higher or secondary vocational medical education of the specialist performing the pre-trip medical examination, and a certificate of completion of training in the additional educational program “Conducting pre-trip examination of vehicle drivers” or a copy of the agreement with a medical organization or individual entrepreneur who has the appropriate license for conducting pre-trip medical examinations;
d) copies of documents confirming the qualifications and work experience of drivers of vehicles of the license applicant and their passing a medical examination;
Information about changes:
By Decree of the Government of the Russian Federation of September 14, 2016 N 924, paragraph 6 was supplemented with subparagraph "e"
e) notification of the inclusion of the vehicle in the Register of Categorized Transport Infrastructure Objects and Vehicles and of the assigned category.
7. If the licensee intends to perform new work that constitutes the licensed type of activity, the application for renewal of the license shall indicate information about the types of work that the licensee intends to perform, as well as information about the documents specified in subparagraphs “a” and “d” of paragraph 6 of these Regulations .
The application for re-registration also indicates information about the receipt by a legal entity or individual entrepreneur of a notification about the inclusion of a vehicle in the Register of Categorized Transport Infrastructure Objects and Vehicles and about the assigned category, as well as about the compliance of their employees, the business activities they carry out and intended for use in the process their implementation of entrepreneurial activities of territories, buildings, structures, structures, premises, equipment, similar objects, vehicles requirements for ensuring transport security.
8. When checking the information contained in the application submitted by the license applicant (licensee) and the documents attached to it, the compliance of the license applicant (licensee) with licensing requirements, the licensing authority requests the information necessary for the provision of public services in the field of licensing, which is at the disposal of the bodies providing state services, bodies providing municipal services, other state bodies, local government bodies or organizations subordinate to state bodies or local government bodies, in the manner established by the Federal Law “On the organization of the provision of state and municipal services”.
9. Submission by the license applicant of an application and the documents attached to it, their acceptance by the licensing authority, making a decision on granting a license (refusal to grant a license), renewal of a license (refusal to reissue a license), suspension, renewal, termination and cancellation of a license, as well as the provision of a duplicate and copy of the license, the formation and maintenance of a licensing case, the maintenance of a register of licenses and the provision of information contained in the register of licenses are carried out in the manner established by the Federal Law “On Licensing of Certain Types of Activities”.
10. Information on the licensing authority’s decision to grant or re-issue a license, the results of checking the compliance of the license applicant (licensee) with the licensing requirements provided for in paragraph 4 of these Regulations, is posted in the federal state information system "Unified portal of state and municipal services (functions)" in in accordance with the procedure established by the Government of the Russian Federation.
11. Information related to the implementation of licensed activities, provided for in parts 1 and 2 of Article 21 of the Federal Law "On Licensing of Certain Types of Activities", is posted in the official electronic or printed media of the licensing authority and (or) on information stands on the premises of the licensing authority in within 10 days from the date:
b) the licensing authority makes a decision on granting, re-issuing a license, suspending, renewing and terminating its validity;
c) receiving information from the Federal Tax Service on the liquidation of a legal entity or termination of its activities as a result of reorganization, or termination by an individual of activities as an individual entrepreneur;
d) the entry into force of a court decision to revoke the license.
12. Licensing control is carried out in the manner prescribed by the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control", taking into account the specifics of organizing and conducting inspections established by the Federal Law "On Licensing of Certain Types of Activities" .
13. For the provision or re-issuance of a license by the licensing authority, or the issuance of a duplicate license on paper, a state fee is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees.
In a market economy, enterprises and entrepreneurs independently determine the profile of their activities. The task of the state is to ensure safe, qualified and reliable (from the point of view of protecting the interests of consumers) activities of transport operators in their chosen segment.
The solution to this problem begins with the admission of organizations and entrepreneurs to carry out motor transport activities, the basis of which throughout the world is the licensing system.
A license is a permission issued by an authorized state body to carry out a certain type of activity.
Licensing is inextricably linked with the system of structuring transport activities described in paragraph 6.1 and is aimed, first of all, at clearly identifying the position of the transport operator in the market.
The type of license issued depends on the economic and technological characteristics of the segment in which the operator intends to operate. The set of requirements for a license applicant can vary from the simplest application registration to the need to prove one’s professional suitability, financial solvency, good reputation, availability of the necessary personnel, vehicles and equipment, etc. This depends on the nature of the activity in the relevant segment, on the level of potential risks with which it is associated, as well as on the tasks that the state sets in relation to a particular market segment. Thus, to stimulate the influx of operators into a certain segment, the licensing requirements may be lowered; to increase the level of transportation safety, the corresponding requirements for vehicles and personnel training, etc. can be tightened.
Depending on the listed factors, licensing may be:
- - permissive. In this case, to obtain a license, it is necessary to provide certain documents, sometimes passing exams. The issuance of a license may be refused due to the applicant’s failure to meet the licensing requirements;
- - declarative (notification). In this case, to obtain a license, it is enough to send certain information about the relevant business to the authorized body. An operator that has notified the state of the start of its activities is entered into the appropriate register and from that moment its activities are considered legitimate, which, however, does not exempt it from checking compliance with established licensing requirements.
Some types of transport activities may be carried out without a license. Typically, these are services the provision of which is accompanied by minimal commercial or physical risks, and (or) services that are inextricably linked with other licensed activities. Thus, in some countries, freight forwarders do not have to obtain a license and can freely perform a range of services such as paperwork, transportation planning, temporary storage of goods, etc. (See Box 7.1). However, if the freight forwarder’s range of services includes transportation, then he must either have an appropriate license (if he carries out the transportation himself) or involve only a licensed operator in carrying out the transportation.
Having transport operators licenses allows you to:
- - the state - to provide safe and high-quality transport services, assess and regulate the relationship between supply and demand in various segments, manage intraspecific and interspecific competition;
- - licensed operators - count on state protection from unfair competition from organizations that do not have the appropriate license;
- - clients - to count on receiving services from reliable, qualified operators, as well as to navigate the market by receiving clear information about the number of operators operating in various market segments, about the services that, in accordance with their licenses, they can or are obliged to provide, about their responsibility, etc.
Box 7.1. Do freight transport need to be licensed?
At the initial stage of market transformations in the Russian Federation, a licensing system was created in transport, which covered almost all types of transportation activities and was built on the basis of generally accepted approaches in the world. However, at a certain stage of reforms, in the context of the need to liberalize market activity and eliminate administrative barriers in the economy, the dismantling of this system began.
Currently1, in accordance with Federal Law No. 9E-FZ dated 04.05.2011 “On licensing of certain types of activities”> in the cargo transportation sector, only cargo transportation by air is subject to licensing (except for the case when transportation is carried out to meet one’s own needs), and also transportation and loading and unloading activities in relation to dangerous goods in railway, sea and inland waterway transport.
Obviously, this list does not cover all types of freight transportation. In particular, there is a complete lack of licensing for road freight transport - the most widespread form of transport, where ensuring safety and protecting the market from unscrupulous entrepreneurs are especially important. Even road transport of dangerous goods is not subject to licensing.
Decisions to eliminate the licensing system are often justified by references to the experience of developed countries, where economic liberalization is allegedly accompanied by the abolition of licensing and the state system of admission to business in general. There is an opinion that state licensing of operators can be replaced by insurance, voluntary certification or certification conducted by self-regulatory organizations. However, a substantive analysis of the experience of developed countries refutes this point of view.
In international practice, the admission procedure is not always literally called “licensing”, but in any case it is based on a strict system of requirements that an applicant for work in a particular segment of the transport services market must meet.
The requirements for the admission of operators to the road freight transport market in force in the EU and the USA are described below.
In the European Union, in accordance with Council Directive 96/26/EC, undertakings intending to carry out road transport of goods must be of good standing, have a sound financial position and meet the requirements of professional competence.
To confirm good standing, the check establishes that the person or company has not been subject to prosecution, in particular of a commercial nature, and has not been duly declared incapable of carrying on business in the freight transport sector.
When checking the reliability of the financial position, the competent authority should analyze the company's annual report (if any), as well as financial support, including banking assets, credit status and history, tangible assets that can be considered as financial support of the business, costs (including the cost of purchasing transport funds) and own working capital. The business must have capital and reserves of at least 9 thousand euros for one truck and 5 thousand euros for each additional vehicle.
Professional competence is confirmed by the presence of special knowledge in the applicant, the composition of which is determined by the directive. The level of competence is verified through a mandatory written examination, which may be supplemented by an interview. Carriers of dangerous goods are subject to additional requirements established by special EU Council Directive 94/55/EC.
In the United States, companies that transport goods interstate must obtain registration with the Federal Motor Carrier Safety Administration (FMCSA) and, in addition, obtain a registration number from the US Department of Transportation (Department of Transportation), which is unique. the identifier of this operator for statistical observation, audit, consideration of claims and claims, analysis. All first-time registrants must undergo a special safety audit and operate without incident for 18 months in order to receive permanent registration.
In addition, companies that operate for hire and fall under the jurisdiction of the US Department of Transportation's Surface Transportation Board must obtain a special permit to operate interstate. The permit determines the type of transportation, permitted routes and type of cargo transported, as well as the conditions for the transportation (in particular, the level of responsibility and the amount of insurance coverage). Therefore, a company operating on different routes may need several such permits.
Finally, companies intending to transport dangerous goods must obtain a special permit from the Ministry of Transport (Hazardous Materials Safety Permit).
Thus, in developed countries, a developed licensing system for road freight carriers is used not only to ensure the necessary level of safety in transport activities, but also to protect all market entities from the activities of unreliable and unqualified operators.
The consequence of the liquidation of the licensing system for freight vehicles in Russia was a significant decrease in the qualifications of many transport operators, unfair competition, dumping, and a drop in the level of quality of service. It should be expected that as market relations develop in Russia, all generally accepted principles of admission to transport activities will be implemented in the world.
Electronic services
Full name of the service
Issuance of a permit, re-issuance of a permit, issuance of a duplicate permit and cancellation of a permit to carry out activities for the transportation of passengers and luggage by passenger taxi on the territory of the city of Moscow
Conditions for receiving services on the site
Who can apply for the service:
Legal entities
Individual entrepreneur
Applicants may be legal entities and individual entrepreneurs who have, by right of ownership, right of economic management, or on the basis of a leasing agreement or lease agreement, vehicles intended for the provision of services for the transportation of passengers and luggage by passenger taxi, as well as individual entrepreneurs if they use vehicles on the basis of a notarized power of attorney issued by an individual for the right to dispose of a vehicle, if these vehicles comply with the requirements established by Part 16 of Article 9 of the Federal Law of April 21, 2011 N 69-FZ “On Amendments to Certain Legislative Acts of the Russian Federation " and Article 2.1 of the Moscow City Law of June 11, 2008 No. 22 "On passenger taxis in the city of Moscow."
Cost of the service and payment procedure:
For free
List of required information:
Application for permission to transport passengers and luggage by passenger taxi (for legal entities) (original, 1 pc.)
- Required
- Available without return
Application for permission to transport passengers and luggage by passenger taxi (for an individual entrepreneur) (original, 1 pc.)
- Required
- Available without return
Identification document of the applicant (copy, 1 pc.)
- Required
- Available without return
Vehicle registration certificate (copy, 1 pc.)
- Required
- Available without return
Vehicle leasing agreement (copy, 1 pc.)
- Required
- Available without return
Vehicle rental agreement (copy, 1 pc.)
- Required
- Available without return
Notarized power of attorney for the right to dispose of a vehicle (copy, 1 pc.)
- Required
- Available without return
A document confirming the authority of the applicant's representative, if the applicant's representative applies. (copy, 1 pc.)
- Required
- Available without return
Terms of service provision
10 working days
Result of service provision
Issued:
- Notice of provision of public services (certified copy, 1 pc.)
Informing the applicant or the applicant’s representative about the readiness of documents by telephone and through the “personal account” subsystem of the Portal.
- Permission to carry out activities for the transportation of passengers and luggage by passenger taxi on the territory of the city of Moscow (original, 1 pc.)
If the applicant fails to appear to receive a permit or a duplicate permit within 40 working days from the date of entry into the Register of information about the provision of the relevant public service, these documents are canceled on the basis of a legal act of the Department. Information about the cancellation of the specified permit or duplicate permit is entered into the Register within one business day from the date the Department makes such a decision.
- Notice of provision of public services (certified copy, 1 pc.)
Receipt forms
On the WEB site
You can go to the executive authorities of the city of Moscow as part of a pre-trial appeal.
Pre-trial (out-of-court) procedure for appealing decisions
and (or) actions (inaction) of the Department, its officials
persons, government civil servants
(as amended by the resolution of the Moscow Government
dated May 21, 2015 N 307-PP)
1. The applicant has the right to file a pre-trial (out-of-court) complaint against decisions taken (committed) in the provision of public services and (or) actions (inaction) of the Department, its officials, and state civil servants.
2. The filing and consideration of complaints is carried out in the manner established by Chapter 2.1 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”, the Regulations on the specifics of filing and consideration of complaints about violations of the procedure for the provision of public services in the city of Moscow , approved by Decree of the Moscow Government of November 15, 2011 N 546-PP “On the provision of state and municipal services in the city of Moscow”, these Regulations.
3. Applicants may file complaints in the following cases:
3.1. Violations of the deadline for registering a request (application) and other documents necessary for the provision of public services, as well as the procedure for processing and issuing a receipt for receiving a request and other documents (information) from the applicant.
3.2. Requirements from the applicant:
3.2.1. Documents, the submission of which by the applicant for the provision of public services is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow, including documents obtained using interdepartmental information interaction.
3.2.2. Applications for the provision of services not included in the list of services approved by the Moscow Government that are necessary and mandatory for the provision of public services.
3.2.3. Payment of fees for the provision of public services not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
3.3. Violations of the deadline for the provision of public services.
3.4. Refusal to the applicant:
3.4.1. In accepting documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.2. In the provision of public services on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.3. In the correction of typographical errors and errors in documents issued as a result of the provision of public services, or in case of violation of the established deadline for such corrections.
3.5. Other violations of the procedure for providing public services established by regulatory legal acts of the Russian Federation and the city of Moscow.
4. Complaints about decisions and (or) actions (inaction) of officials, state civil servants of the Department are considered by the head (authorized deputy head) of the specified executive body of the city of Moscow.
Complaints about decisions and (or) actions (inaction) of the head of the Department, including decisions made by him or his deputy on complaints received in a pre-trial (extrajudicial) manner, are considered by a higher executive body of the city of Moscow in accordance with clauses 5.6, 6 of the appendix 6 to the resolution of the Moscow Government of November 15, 2011 N 546-PP “On the provision of state and municipal services in the city of Moscow.”
5. Complaints can be submitted to the executive authorities of the city of Moscow authorized to consider them in accordance with these Regulations (hereinafter referred to as the bodies authorized to consider complaints), in writing on paper, in electronic form in one of the following ways:
5.1. Upon personal application by the applicant (applicant’s representative).
5.2. By post.
5.3. No longer valid on December 9, 2016. - Decree of the Moscow Government dated December 6, 2016 N 814-PP.
5.4. Using the official websites of bodies authorized to consider complaints on the Internet.
6. The complaint must contain:
6.1. The name of the body authorized to consider the complaint or the position and (or) surname, first name and patronymic (if any) of the relevant official to whom the complaint is sent.
6.2. The name of the executive authority of the city of Moscow or the position and (or) surname, first name, patronymic (if any) of the official, state civil servant, whose decisions and (or) actions (inaction) are being appealed.
6.3. Information about the applicant (last name, first name, patronymic (if any) of an individual entrepreneur or name of a legal entity, information about the place of residence (location) of the applicant, contact telephone number(s), email address(es) (if available) and postal address , on which a response should be sent to the applicant).
6.4. The date of submission and registration number of the request (application) for the provision of a public service (except for cases of appealing the refusal to accept the request and its registration).
6.5. Information about decisions and (or) actions (inactions) that are the subject of appeal.
6.6. Arguments on the basis of which the applicant does not agree with the appealed decisions and (or) actions (inactions). The applicant may submit documents (if any) confirming the applicant’s arguments, or copies thereof.
6.7. Applicant's requirements.
6.8. List of documents attached to the complaint (if any).
6.9. Date of filing the complaint.
7. The complaint must be signed by the applicant (his representative). If a complaint is filed in person, the applicant (applicant's representative) must provide an identification document.
The authority of the representative to sign the complaint must be confirmed by a power of attorney issued in accordance with the legislation of the Russian Federation.
The powers of a person acting on behalf of an organization without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as the constituent documents of the organization.
8. A received complaint must be registered no later than the working day following the day of receipt.
9. The maximum period for consideration of a complaint is 15 working days from the date of its registration. The period for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:
9.1. Refusal to accept documents.
9.2. Refusal to correct typos and errors made in documents issued as a result of the provision of public services.
9.3. Violations of the deadline for correcting typos and errors.
10. Based on the results of consideration of the complaint, a decision is made to satisfy the complaint (in whole or in part) or to refuse to satisfy the complaint.
11. The decision must contain:
11.1. Name of the body that considered the complaint, position, surname, first name, patronymic (if any) of the official who made the decision on the complaint.
11.2. Details of the decision (number, date, place of adoption).
11.3. Last name, first name, patronymic (if any) and information about the place of residence of the applicant - an individual entrepreneur or the name of the applicant - a legal entity and information about his location.
11.4. Last name, first name, patronymic (if any), information about the place of residence of the applicant’s representative who filed the complaint on behalf of the applicant.
11.5. Method of filing and date of registration of the complaint, its registration number.
11.6. Subject of the complaint (information about the decisions, actions, or inactions being appealed).
11.7. The circumstances established during the consideration of the complaint and the evidence confirming them.
11.8. Legal grounds for making a decision on a complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.
11.9. The decision taken on the complaint (conclusion on the satisfaction of the complaint or refusal to satisfy it).
11.10. Measures to eliminate identified violations and deadlines for their implementation (if the complaint is satisfied).
11.11. Procedure for appealing a decision.
11.12. Signature of the authorized official.
12. The decision is made in writing using official forms.
13. The measures to eliminate identified violations specified in the decision include:
13.1. Cancellation of previously made decisions (in whole or in part).
13.2. Ensuring the acceptance and registration of the request, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and their registration).
13.3. Ensuring registration and delivery to the applicant of the result of the provision of a public service (in case of evasion or unreasonable refusal to provide a public service).
13.4. Correction of typos and errors made in documents issued as a result of the provision of public services.
13.5. Refund to the applicant of funds, the collection of which is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
14. The body authorized to consider the complaint refuses to satisfy it in the following cases:
14.1. Recognition of the appealed decisions and (or) actions (inactions) as legal and not violating the rights and freedoms of the applicant.
14.2. Filing a complaint by a person whose powers have not been confirmed in the manner established by regulatory legal acts of the Russian Federation and the city of Moscow.
14.3. The applicant does not have the right to receive public services.
14.4. Availability:
14.4.1. A court decision on the applicant’s complaint with identical subject matter and grounds that has entered into legal force.
14.4.2. Decisions on a complaint made earlier in a pre-trial (out-of-court) manner in relation to the same applicant and on the same subject of the complaint (except for cases of appealing previously made decisions to a higher authority).
15. The complaint must be left unanswered on its merits in the following cases:
15.1. The presence in the complaint of obscene or offensive language, threats to the life, health and property of officials, as well as members of their families.
15.2. If the text of the complaint (part of it), last name, postal address and email address are not readable.
15.3. If the complaint does not indicate the name of the applicant (the applicant's representative) or the postal address and email address to which the response should be sent.
15.4. If the body authorized to consider the complaint received a request from the applicant (the applicant’s representative) to withdraw the complaint before a decision on the complaint is made.
16. The decision to satisfy the complaint or to refuse to satisfy the complaint is sent to the applicant (the applicant’s representative) no later than the working day following the day of its adoption, to the postal address specified in the complaint. At the request of the applicant, the decision is also sent to the email address specified in the complaint (in the form of an electronic document signed with the electronic signature of an authorized official). In the same manner, the applicant (the applicant’s representative) is sent a decision on the complaint, in which only an email address is indicated for the response, and the postal address is missing or cannot be read.
17. If the complaint is left unanswered on the merits, the applicant (his representative) is sent, no later than the working day following the day of registration of the complaint, a written motivated notification indicating the grounds (except for cases where the postal address and email address are not indicated in the complaint email for a response or they are unreadable). The notice is sent in the manner established for sending a decision on a complaint.
18. A complaint filed in violation of the rules on competence established by paragraph 5.4 of these Regulations is sent no later than the working day following the day of its registration to the body authorized to consider the complaint, with simultaneous written notification to the applicant (his representative) about the redirection complaints (except for cases where the complaint does not indicate a postal address and email address for a response or they are not legible). The notice is sent in the manner established for sending a decision on a complaint.
19. Filing a complaint in a pre-trial (out-of-court) manner does not exclude the right of the applicant (applicant’s representative) to simultaneously or subsequently file a complaint in court.
20. Informing applicants about the judicial and pre-trial (extrajudicial) procedure for appealing decisions and (or) actions (inaction) committed in the provision of public services should be carried out by:
20.1. Placing relevant information on the Portal and stands at places where public services are provided.
20.2. Consulting applicants, including by telephone, email, and in person.
21. If, during or as a result of consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider the complaint immediately forwards the available materials to the prosecutor’s office.
If violations of the procedure for the provision of public services of the city of Moscow are identified, the responsibility for which is established by the Code of the City of Moscow on Administrative Offenses, the official empowered to consider the complaint must also send copies of the available materials to the Main Control Department of the city of Moscow within two working days following after the day of the decision on the complaint (but no later than the working day following the day of expiration of the period established by federal legislation for consideration of complaints about violations of the procedure for the provision of public services). Refusal to accept documents necessary for the provision of public services
Refusal to provide public services
1. Non-compliance of the submitted application and other documents necessary for the provision of public services with the requirements established by legal acts of the Russian Federation, legal acts of the city of Moscow, Uniform Requirements, and Regulations.
2. Submission of documents whose validity has expired at the time of filing the application.
3. Submission by the applicant of an incomplete set of documents necessary for the provision of public services.
4. Submission of documents containing unreliable and (or) contradictory information.
5. Submission of an application on behalf of the applicant by an unauthorized person.
6. The applicant’s application for a permit in the event that a permit has already been issued for the vehicle that is intended to be used to provide services for the transportation of passengers and luggage by taxi and more than 45 working days remain before its expiration date at the time of filing the application.
7. Incorrect completion of the required fields in the application form when submitting an application electronically using the Portal.
8. Inconsistency of the color scheme of the vehicle body, which is intended to be used for the provision of services for the transportation of passengers and luggage by passenger taxi, with the color scheme of the vehicle body established by Article 2.1 of the Moscow City Law of June 11, 2008 No. 22 “On Passenger Taxi in the City of Moscow” ".
9. Application for the provision of a public service by a person who is not a recipient of a public service in accordance with the Regulations.
10. Application and other documents in electronic form, signed using an electronic signature that does not belong to the applicant.
11. The applicant’s request for a public service not provided by the Department.
12. The submitted electronic copies of documents required for the provision of public services are unreadable and (or) do not meet the requirements for the formats for their presentation.
13. Contradiction of documents (information) obtained using interdepartmental information interaction, including the use of Basic Register information, with the documents submitted by the applicant.
Passenger transportation is the transportation of people by bus or car. Such activities can only be carried out by persons (individuals and legal entities) who have a license for this type of transport. Licensing is one of the main measures to improve the safety of commercial passenger transportation.
A license to transport passengers is a state document that officially allows legal entities and individuals to transport people. It is issued by a special authority. Not only domestic, but also international passenger transportation is possible.
A license for this type of service can significantly expand the scope of a company’s activities and make it more in demand among potential clients. Private individuals and large firms strive to obtain commercial benefits. Licensing is necessary to implement global commercial plans.
Why do you need a license?
The importance of obtaining a license is due to the fact that it is a confirming document of certain aspects of the activities of individuals and legal entities. The presence of this state document indicates that:
- The carrier can ensure complete safety of passengers.
- Services comply with established regulations and standards.
- Drivers have the necessary experience and long experience of successful work in this field of activity.
Only the presence of a license can prove the professional suitability of legal entities and individuals.
The specified document is issued without fail only for the internal transportation of passengers, if their number does not exceed eight people. A license is issued if you have your own transport or rented one.
By law, the document can only be obtained for a five-year period from the Federal Service for Supervision of Transport. After the specified period, the licensing will have to be renewed.
But the document is not required if enterprises transport passengers for their own needs. This refers to the delivery of workers to the place of work. You will also not need a license for domestic transportation of passengers of seven people or less.
Services for ordering, renting, or renting a vehicle with a driver necessarily require the execution of a special government document. If the same services are provided without the participation of a driver, then there will be no need to license such activities.
To obtain a license that ensures the legality of passenger transportation, you will need to collect the necessary documents and submit them to the territorial body of Rostransnadzor.
Separate documents are issued for transportation:
- Urban.
- Intercity.
- Suburban.
- International.
The license is issued 30-45 days after the official submission of the application.
In some cases, an organization or individual may be denied a license:
- If the data specified in the documents is false and distorts the real facts.
- If the licensed person does not meet the necessary requirements.
If the rules for transporting passengers are violated, the driver may be subject to administrative liability. Some carriers try to circumvent the law and operate without obtaining a license. This is also punishable by administrative liability.
If it is necessary to obtain a document for permission for international transportation, the driver must have three years of work experience on the domestic route. If you have such a license, you will no longer need to issue an additional document for permission to carry out domestic transportation.
What documents are required
To obtain a license you will need the following documents:
- Certificate of registration of a legal entity.
- An application for a license, which must be completed on a specific form. The type of transportation must be indicated.
- Documents that confirm a person’s tax registration.
- Copies of documents regulated by the “Licensing Regulations”.
- Copies of the constituent documents of the enterprise, certified by a notary.
Drivers will need the following documents:
- A work book with a record that confirms your work experience.
- Medical certificate for permission to drive vehicles.
It will not be possible to obtain a license without providing documented information about the premises where vehicle maintenance and repairs are carried out:
- Copies of documents confirming the presence of specially equipped premises in the property (extract from the Unified State Register or agreement).
- Declaration of availability of private parking.
- Documents for technical equipment in the premises.
- Certificates or other documents that could confirm that the condition of the premises complies with generally accepted standards.
Additional documents:
- Agreement for the implementation of medical pre-trip examination of drivers.
- Documents confirming the availability of the necessary transport.
- Technical passport of the vehicle.
- Diagnostic card or inspection certificate.
- Conclusions of a transport commission specialist (on additional request).
If a license for international transportation is required, you will need to obtain additional documents from the transport inspection that would confirm admission to international flights.
The carrier is subject to certain requirements:
- It is necessary that the company is staffed with qualified drivers with category “D” licenses.
- The length of service of an employee in this category should not be less than three years. The information is confirmed officially by an entry in the work book.
- Drivers must have medical certificates of permission to drive vehicles.
- A mandatory requirement is the presence at the enterprise of a medical specialist who carries out a pre-trip examination of drivers. If there is none, you will need to enter into an agreement with some medical institution to provide such services.
- Must have a vehicle license card.
- It is mandatory to equip with GLONASS satellite transport monitoring devices and tachographs.
- Vehicles must be technically sound.
- The type of means must correspond to the type of transportation.
- Availability of specially equipped premises for service maintenance and technical inspection of vehicles.
How much does it cost to obtain a license?
First, you will need to pay a state fee of six thousand rubles. If you only need to reissue a license, the fee will not exceed 2,600 rubles. When extending, the amount is 600 rubles. It is necessary to attach the payment receipt to the general package of documents.
Some individual entrepreneurs, legal entities and individuals seek to circumvent the law and not obtain a license. But the result is disastrous. Fines and administrative liability are not worth the six thousand rubles spent.
A fine is imposed for carrying out passenger transportation:
- For citizens and officials in the amount of 50 thousand rubles.
- For individual entrepreneurs – up to one hundred thousand rubles.
- For legal entities – a fine of up to 400 thousand rubles.
“Unlicensed” vehicles are subject to mandatory confiscation. Due to non-compliance with the law, the activities of the enterprise may be suspended for three months. Penalties may be increased up to and including criminal penalties.
The service of passenger transportation in a taxi is a separate category of transport services, the provision of which must be licensed. It is issued by municipal authorities within 30 days from the date of application.
As for the features of the procedure, they depend on the regional affiliation. Among the general requirements are:
- Taxi drivers must have at least three years of driving experience;
- To provide the service, it is allowed to use only cars with “checkered” signs, an illuminated orange sign and a taximeter;
- It is mandatory to undergo maintenance every six months.
If the car is your private vehicle, you will need the following documents:
- A copy of the registration certificate of individual entrepreneur or LLC;
- Original and copy of tax registration certificates;
- Original and copy of vehicle certificate;
- A copy of the order for the general director.
If the car is the property of the organization, you will need:
- A copy of the general power of attorney for the right to dispose of a car;
- Acceptance and transfer certificates;
- Vehicle rental agreement;
- Car leasing agreement and its copy (if available).
It is possible to submit all documents in electronic form. A taxi license is issued by the Department of Transport for a period of five years.
Obtaining a license for one driver will cost the owner of an enterprise two thousand rubles.
What it is
A taxi license is a permit to carry out transportation activities by passenger vehicles, issued by the authorized executive body of the relevant constituent entity of the Russian Federation (usually the Ministry of Transport), for a period of at least 5 years. To obtain a license, you do not need to pay a state fee, unless otherwise provided by acts of local authorities.
note, a license is issued for each vehicle used as a taxi. Only one permit can be issued per vehicle.
Licensing of taxi activities is regulated by Federal Law No. 69 of April 21, 2011.
The procedure for obtaining a license to transport passengers and luggage can be divided into 3 stages:
1. Decide on services
In this case, the activity of transporting passengers and luggage, including renting a car with a driver, is subject to licensing.
Taxis have the right to provide services only in the territory of the region in which the permit was obtained. Transportation in another subject is allowed, provided that the taxi delivery point was on the territory of the subject of the Russian Federation that issued the license, or an appropriate agreement on transportation rules was concluded between the regions.
2. We check compliance with licensing requirements
If you are just planning to start a business, you will need to open an LLC or register an individual entrepreneur and ensure compliance with the requirements.
In the event that the business is already operating and you decide to provide taxi services, you need to make changes to the OKVED of the LLC or individual entrepreneur, and also check the established requirements.
Note: You can get a taxi license without registration of individual entrepreneur or LLC, but only if you transport an unlimited number of passengers and are officially employed in a taxi service. In other words, if you get a job as a taxi driver, you will need a license, but registration as an individual entrepreneur (LLC) will not.
To obtain a license, there are requirements that are divided into 3 categories:
Requirements for a passenger taxi
- on the body (the side surfaces of the body) you need to place a color scheme - a composition of squares of a contrasting color, arranged in a checkerboard pattern;
- the taxi must comply with the established body colors (for example, for Moscow, yellow is a prerequisite);
- An orange identification light must be placed on the roof;
- A passenger taxi must be equipped with a taximeter if the fee for use is determined in accordance with its readings.
Requirements for a taxi driver
- a total driving experience of at least three years.
Requirements for LLCs and individual entrepreneurs providing taxi services
- provide maintenance and repair of passenger taxis;
- carry out monitoring of the technical condition of passenger taxis before leaving the line;
- ensure that taxi drivers undergo a pre-trip medical examination.
3. We submit the documents necessary to obtain a license
A special application (form for individual entrepreneurs or form for LLC) is submitted to the licensing authority and a package of documents is attached:
- a copy of the identity document of the applicant (applicant's representative);
- copies of vehicle registration certificates certified by the applicant;
- a copy of the leasing agreement or rental agreement for a vehicle (if it is provided on the basis of these agreements), certified by the applicant, or a copy of a notarized power of attorney for the right to dispose of a vehicle (if the vehicle is provided on the basis of a notarized power of attorney).
note, despite the fact that, in accordance with Federal Law No. 69 of April 21, 2011, this list is exhaustive, authorized bodies usually require the presentation of additional documents - a copy of the registration certificate of the LLC (IP) and the certificate of registration with the Federal Tax Service.
Documents can be submitted electronically through the regional portal, or use paper.
Deadlines consideration of the application and issuance of a permit, as a rule, for Moscow - up to 10 days, for the region (other regions) - up to 30 days. The specific period is established in the regulations of the constituent entities of the Russian Federation.
If the applicant provides false information, the license may be refused. If a decision is made to refuse, the applicant is given, or sent by letter, a notice of refusal to issue a permit within no more than three days from the date of such a decision.
After obtaining a license
Having received a license, you have the right to begin providing services. The permit must be placed in the passenger compartment and upon the first request of the passenger, it must be presented for review.
Information about the issued license will be posted on the official website of the relevant authority that issued the permit (if not available, on the website of the subject of the Russian Federation).
Operating a taxi without a license
It is important to remember about possible scheduled and unscheduled inspections for compliance with legal requirements. If a violation of licensing requirements is detected, the company or individual entrepreneur is sent an order to eliminate them and a deadline is set (no more than 30 days). After eliminating the violations, you will need to send a report on the activities carried out and attach documents confirming compliance with the order. If this is not done, the permit may be suspended for up to one month.
Renewal of license
If, in the course of activity, changes are made to an LLC or individual entrepreneur, some such changes may entail the need to re-issue a license.
Changes that entail the need to re-issue a taxi license
- changing the state registration plate of a vehicle;
- change of LLC name, location;
- change of last name, first name and patronymic of the individual entrepreneur, place of residence, details of his identity document;
- LLC reorganization.
The cost of the state duty for re-registration is set by a specific subject of the Russian Federation.
