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State Duma obliged to license bus transportation

The State Duma adopted in the third and final reading a law prohibiting 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 the equipping of all vehicles with tachographs, the testimony of which can be checked by the state control authorities.

The innovations concern vehicles with a permissible maximum mass of more than 3.5 tons and a number of seats of more than eight. The law will not apply to vehicles of fire protection, ambulance, police, emergency services, military automobile inspection, FSB, FSO, Armed Forces, Rosgvardia, Investigative Committee, as well as transportation without using 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 road accidents then were called both overworking of drivers and violations of those responsible for safety at transport enterprises. Licensing will help track such incidents. In addition, this procedure will allow suspending the activities of violating carriers, and not just issuing a fine to them.

First of all, transportations will again become licensed - the legislator refuses the notification nature of the activity. Thus, with the compulsory licensing of ordered transportation, drivers are required to undergo a medical examination every day, observe the traffic schedule and provide all the 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 introduces changes to 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 the 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 traffic accidents and deaths in them. For example, in 2017, the death rate on the roads decreased by 6% in relation to 2016, and in relation to 2012 - by more than 30%. At the same time, a lot of work in this direction still remains to be done, 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 establish order in this area, - said Sergei Ten.

The current legislation divides the transport of passengers by buses into regular transport and transport by order. It already provides for the licensing of activities for the implementation of regular transportation of passengers by road, equipped for the carriage of more than eight people, unless 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 by order or for their own needs, which will reduce the number of abuse and reduce risks to human life and health.

- The norm should not affect the cost of travel in public transport, since regular transportation, as I said, is subject to licensing in accordance with the current legislation. At the same time, this will help to bring out of the shadow the illegal market for passenger transportation, which, neglecting the safety of our citizens, works for its own benefit. After the adoption of the bill, unscrupulous carriers carrying out regular transportations under the guise of ordered transportations or transportations for their own needs will no longer be able to hide behind the norm, which is difficult for practical control by Rostransnadzor, - said the deputy.

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.

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 O.A. Zaporozhskaya, with the secretary E.B. Savenkova, having considered in open court hearing in Kalach-on-Don on June 23, 2016, the case filed by the prosecutor of the Central District of Volgograd acting in the interests of an indefinite circle of persons to the individual entrepreneur Soloviev M.The. on the recognition of the activity on the organization of regular transportations as illegal and the prohibition of the specified 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 the individual entrepreneur Soloviev M.V. (hereinafter IP Soloviev M.V.) on the recognition of the activity of organizing regular transportations as illegal and the prohibition of this activity.

In support of the stated claims, the plaintiff indicated the following.

The Prosecutor's Office of the Central District of the city of Volgograd carried out a check of compliance with the legislation when organizing the carriage of passengers and baggage by road, during which it was established that IE Soloviev M.V., having the right to transport passengers and baggage only by order, actually carries out regular transportation of passengers and baggage along the Kalach-Volgograd route, which leads to destabilization of transport services, an outflow of passengers from legal carriers and a deterioration in their economic situation.

The plaintiff, assistant to the prosecutor of the Kalachevsky district of the Volgograd region, Gadzhiev D.D., acting on the instructions of the prosecutor of the Central district of Volgograd, supported the claim, asked the court to recognize the activities of the individual entrepreneur Solovyev M.The. on the organization and transportation of passengers by road on the route "Kalach - Volgograd" by regular transportation of passengers and luggage, recognize the activities of the individual entrepreneur M.V. Solovyova. for the organization and transportation of passengers by road along the route "g. Kalach - Volgograd "illegal, banning it, explained the circumstances set out in the claim.

Defendant SP Soloviev M.The. did not appear at the hearing, was duly notified of the hearing of the case, did not inform the court of the reasons for failure to appear.

The representative of the defendant SP Solovyova M.The. - Dronova S.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 SP Solovyova M.The. carried out in strict accordance with the current legislation and in accordance with clauses 98.99 100 and 101 of the Decree of the Government of the Russian Federation dated February 14, 2009 No. 112 On the approval of the rules for the carriage of passengers and luggage by road and urban land electric transport.

The legislator allows for two types of transportation: regular and ordered. The implementation of both ordered and regular transportations is carried out through an offer. In particular, within the framework of a charter agreement, which has not been disputed by anyone and is valid until now, concluded between the individual entrepreneur Soloviev M.The. and LLC "OKGN", systematic ordered transportation is carried out through a public offer, implemented by the agents of LLC "OKGN". 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 carriage of passengers, the boarding of these persons in the vehicle is carried out in accordance with the boarding passes issued to them when forming 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.

The prosecutor's office has not provided evidence of a violation by the defendant of security issues during the transportation of citizens; in general, the statement of claim is based on speculation and assumptions, which contradicts the provisions of Art. ,. Asks in a claim to the prosecutor of the Central District of Volgograd, acting in the interests of an indefinite circle of persons to the individual entrepreneur Solovyov M.The. to refuse to declare the activity on the organization of regular transportations illegal and to prohibit the said activity.

The representative of a third party who does not declare independent claims on the subject of the dispute, OOO OKGN Kulikovsky D.V., acting on the basis of a power of attorney (case file 86), objected to the satisfaction of the claims of the Prosecutor of the Central District of Volgograd, acting in the interests of an undefined circle of persons to the individual entrepreneur Soloviev M.The. on recognizing the activity of organizing regular transportations as illegal and prohibiting these activities, since the plaintiff did not provide evidence that the defendant carried out regular transportations under the guise of ordered ones, asks to refuse the claim.

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

DECIDED:

In satisfying 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 the individual entrepreneur Soloviev M.The. to refuse to recognize the activity of organizing regular transportations as illegal and to prohibit the said activity.

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

Presiding

Federal judge:

Court:

Kalachevsky District Court (Volgograd Region)

Plaintiffs:

Prosecutor of the Central District of Volgograd

Commission of the Orenburg OFAS Russia to consider the case of violation of the antimonopoly legislation, consisting of:

Chairman of the Commission -«<…>» ;

Members of the Commission:

«<…>» ;

in the presence:

IP representative«<…>» ,

RepresentativeOf the West Ural MUGADN of Rostransnadzor, a territorial structural unit for the Orenburg region -«<…>» ,

In the absence:

IP representative«<…>» duly notified of the date, place and time of consideration of the case No. 07-16-62 / 2017,

Having considered the case No. 07-16-62 / 2017 on the grounds of violation of the IP«<…>» requirements established by Article 14.8 of the Federal Law "On Protection of Competition" No. 135-FZ of July 26, 2006 (hereinafter - the Law on Protection of Competition),

INSTALLED:

The Orenburg OFAS Russia receivedcomplaints («<…>» ) SP«<…>» and SP«<…>» on the actions of individual entrepreneurs«<…>» and SP«<…>» on the grounds of violation of Article 14.8 of the Federal Law "On Protection of Competition" No. 135-FZ of July 26, 2006, by carrying out regular passenger traffic on the inter-municipal route No. 633 "Pervomaisky-Buzuluk" and No. 735 "Pervomaisky-Orenburg" without a certificate of right transportation (license); lack of route maps, contracts for dispatch and cash services.

Orenburg OFAS Russia concluded that there wasin the actions of the SP«<…>» and«<…>» signs of violation of Article 14.8 of the Law on Protection of Competition.

In this regard, on the basis of Part 1 of Article 39.1 of the Law on Protection of Competition of Individual Entrepreneurs«<…>» and SP«<…>» issued warnings (No. 07-23-02 / 2017 and No. 07-23-03 / 2017) about the need within 10 working days from the date of receipt of this warning: to terminate regular passenger traffic on inter-municipal routes No. 633 "Pervomaisky-Buzuluk" and No. 735 "Pervomaisky-Orenburg" until the receipt of permits provided for by the current legislation in the field of regulation of regular passenger traffic on intermunicipal routes.

The above IP warnings«<…>» and SP«<…>» not executed. According to part 8 of article 39.1 Of the Law on the Protection of Competition, in case of failure to comply with the warning within the prescribed period, if there are signs of violation of the antimonopoly legislation, the antimonopoly body is obliged to make a decision to initiate a case.

Orenburg OFAS Russia Order No.«<…>» a case No. 07-16-62 / 2017 was initiated against individual entrepreneurs«<…>» and SP«<…>» on the grounds of violation of the requirements established by Article 14.8 of the Federal Law "On Protection of Competition" No. 135-FZ dated July 26, 2006, by carrying out regular passenger traffic on the inter-municipal route No. 633 "Pervomaisky-Buzuluk" and No. 735 "Pervomaisky-Orenburg" without certificates for the right to carry out transportation (licenses); lack of route maps, contracts for dispatch and cash services.

During the consideration of the above case, the Commission did not see in the actions of the individual entrepreneur«<…>» violations of antitrust laws.In this regard, the definition of the Orenburg OFAS Russia («<…>» ) participation in the case as a defendant individual entrepreneur«<…>» was terminated due to the absence of a violation of the antimonopoly legislation in the actions of the individual entrepreneur considered by the Commission«<…>»

According to the written explanations of the individual entrepreneur«<…>» , IP«<…>» and oral explanations of their representative«<…>» follows that "IP «<…>» carries out regular passenger transportation on the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" in the absence of permits and is not included in the register of carriers on regular inter-municipal routes.

The regional newspaper "Prishagane" constantly publishes information containing information on the exact timetable with an indication of the specific fare and the telephone number used to receive orders for the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk". This schedule, with a difference of five to ten minutes, was copied from the schedule of carriers of individual entrepreneurs «<…>» and «<…>» No. 633 and 735. Initial and final departure points of vehicles of applicants and individual entrepreneurs «<…>» match up.

Thus, under the guise of custom-made transportation of individual entrepreneurs «<…>» actually organized and carries out regular passenger transportation by road on the route "Pervomaisky-Orenburg", "Pervomaysky-Buzuluk" without participation in the competition, without issuing the relevant permits, which contradicts the requirements of the Charter of road transport, the Rules for the carriage of passengers and baggage. "

Based on the content of the written explanations of the individual entrepreneur«<…>» and his representative«<…>» follows that « SP «<…>» carries out activities for the carriage of passengers and baggage on orders by road for the following types: services for the carriage of baggage in city traffic, in suburban traffic, in intercity traffic, which is confirmed by notification No. «<…>» Also according to permission «<…>» SP «<…>» carries out activities for the transportation of passengers and luggage by passenger taxis in the Orenburg region.

Applications are accepted by phone, if the number of people exceeds the seats, then a charter agreement is concluded and applications for the number of passengers are formed in advance.

Federal Law of 08.11.2007 N 259-FZ explicitly provides that when carrying out transportations by order, the parties shall preliminarily agree on the route and place of delivery of the vehicle, the timing of the transportation and the amount of payment for using the vehicle.

The information that was published in the newspaper "Prichagane" is in the nature of a commercial proposal of the charterer for the implementation of passenger transportation by order.

Activities for the provision of services for the carriage of passengers and baggage on orders by road transport (except for the implementation of such carriage on regular routes, as well as to meet the own needs of legal entities, individual entrepreneurs) is carried out in a notification manner.

In this regard, IP «<…>» carries out transportation of passengers not on the routes of regular transportation ».

In accordance with the written explanations of the representative of the West Ural MUGADN Rostransnadzor of the territorial structural unit in the Orenburg region, " SP «<…>» it is forbidden to carry out regular transportation of passengers on the routes of regular transportation according to the schedules posted in the media.

By virtue of paragraph 6 of part 2 of Art. 8 of the Federal Law of the Russian Federation of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" individual entrepreneurs and legal entities carry out works and services in accordance with the list approved by the Government of the Russian Federation works and services as part of the following activities: provision of services for the carriage of passengers and baggage on orders by road (with the exception of the implementation of such transportation on regular routes, as well as to meet their own needs of legal entities, individual entrepreneurs).

Passenger pick-up and drop-off points:

• Buzuluk, st. Line 1, opposite the Olimp shopping center (100 meters from the Bus Station);
• Orenburg, Railway Station (station square);

- p. Pervomaisky, st. 60 years of the USSR, opposite the store 24 hours (100 meters from the Bus Station).

In addition, IP «<…>» has the right to carry out passenger transportation on regular routes only after admitting him to such passenger transportation in accordance with the procedure established by the Federal Law of 13.07.2015 No. 220-FZ "On the organization of regular transportation of passengers and luggage by road and urban land electric transport in the Russian Federation" .

The definition of the Orenburg OFAS Russia («<…>» ) in connection with the adoption of an opinion on the circumstances of the case, the consideration of the case was postponed to 12/14/2017 for 10 hours 30 minutes.

Conclusion on the circumstances of the case No. 07-16-62 / 2017 («<…>» ) sent to the IP address«<…>»

SP representative«<…>» and SP«<…>» supported the arguments set out inconclusion on the circumstances of the case No. 07-16-62 / 2017 and written explanations. In addition, she explained that at the moment the individual entrepreneur«<…>» ... continues to carry out regular passenger traffic on the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" by the type of ordered passenger traffic.

The representative of the West Ural MUGADN of Rostransnadzor, the territorial structural unit for the Orenburg region, supported the arguments set forth earlier in the written explanations.

SP representative«<…>» before the meeting of the Commission, provided written explanations on the arguments set out in the conclusion on the circumstances of the case No. 07-16-62 / 2017 and a petition to consider the case in the absence of a representative of the individual entrepreneur«<…>» According to these explanations, the representative of the individual entrepreneur«<…>» believes that SP«<…>» does not carry out regular passenger transportation, actions of individual entrepreneurs«<…>» are not aimed at obtaining advantages in the implementation of entrepreneurial activity, since the individual entrepreneur«<…>» carries out ordered transportation of passengers.

Having examined the materials of the case, having heard the explanations of the parties, the Commission of the Orenburg OFAS Russia came to the following conclusions.

According to Part 1 of Article 4 of the Law on the Protection of Competition, a product is an object of civil rights (including work, services, including financial services) intended for sale, exchange or other introduction into circulation.

In accordance with clause 4 of article 4 of the Law on the Protection of Competition, the commodity market is the sphere of circulation of goods (including foreign-made goods) that cannot be replaced by other goods, or interchangeable goods (hereinafter referred to as a certain product), within the boundaries of which (including geographical) based on economic, technical or other possibilities or expediency, the purchaser can purchase the goods, and there is no such possibility or expediency outside of it.

According to paragraph 5 of Article 4 of the Law on the Protection of Competition, an economic entity is a commercial organization, a non-profit organization carrying out activities that generate income for it, an individual entrepreneur, another individual who is not registered as an individual entrepreneur, but carries out professional activities that generate income, in accordance with federal laws on the basis of state registration and (or) license, as well as by virtue of membership in a self-regulatory organization

By virtue of paragraph 7 of Article 4 of the Law on the Protection of Competition, competition is the rivalry of economic entities, in which the independent actions of each of them exclude or limit the ability of each of them to unilaterally influence the general conditions of circulation of goods in the relevant commodity market.

SP«<…>» has license no.«<…>»

SP«<…>» carries out regular passenger traffic on the route "Pervomaisky - Orenburg" and "Pervomaisky - Buzuluk", which is confirmed by a certificate for the right to carry out transportation, route maps, contracts for dispatch and cash services and a schedule.

SP«<…>» has license no.«<…>» to carry out activities for the carriage of passengers by road transport equipped for the carriage of more than eight people (unless the specified activity is carried out on orders or to meet the own needs of a legal entity or individual entrepreneur).

SP«<…>» carries out regular passenger traffic on the route "Pervomaysky - g. Buzuluk ", which is confirmed by a certificate for the right to carry out transportation, a route map, contracts for dispatch and cash services and a schedule.

SP«<…>» has license no.«<…>» to carry out activities for the carriage of passengers by road transport equipped for the carriage of more than eight people (unless the specified activity is carried out on orders or to meet the own needs of a legal entity or individual entrepreneur).

SP«<…>» issued notification No.«<…>» «<…>» (UGADN for the Orenburg region) and permission«<…>» (Ministry of Economic Development, Industrial Policy and Trade).

SP«<…>» carries out the carriage of passengers and baggage on orders by road on the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk", which is confirmed by charter contracts and announcements posted in the newspaper "Prishagane" (Social and political newspaper of the Pervomaisky district of the Orenburg region).

Thus, taking into account the provisions of paragraph 7 of Article 4 of the Law on the Protection of Competition, IP«<…>» carries out activities similar to those carried out by individual entrepreneurs«<…>» and SP«<…>» , that is, it actually carries out entrepreneurial activities in the same commodity market for the transportation of passengers along the route "Pervomaisky-Orenburg" and "Pervomaysky-Buzuluk", therefore, the above carriers are business entities-competitors.

Federal Law of 08.11.2007 No. 259-FZ "Charter of road transport and urban land electric transport" (hereinafter - Law No. 259) regulates relations arising in the provision of services by road transport and urban land electric transport, which are part of the transport system of the Russian Federation.

According to Art. 5 Law No. 259, carriage of passengers and luggage by road are subdivided into: regular transportation; transportation by orders; transportation by passenger taxis.

In accordance with Art. 19 of Law No. 259, regular transportation of passengers and baggage is carried out on the basis of a public contract for the carriage of passengers on a regular route. Regular transportation of passengers and baggage is subdivided into transportation with embarkation and disembarkation of passengers only at designated stopping points along the route of regular transportation; transportation with embarkation and disembarkation of passengers in any place not prohibited by traffic rules on the route of regular transportation. Transportation with embarkation and disembarkation of passengers only at designated stopping points along the route of regular transportation is carried out in accordance with the schedules established for each stopping point. Transportation with embarkation and disembarkation of passengers in any place not prohibited by the traffic rules on the regular transportation route is carried out in accordance with the schedules established for following from the initial and final stopping points along the regular transportation route.

In accordance with section II "Regular transportation" of the "Rules for the carriage of passengers and baggage by road and urban land electric transport" approved by the Government of the Russian Federation dated February 14, 2009 No. 112 (hereinafter referred to as the Government Resolution No. 112), regular transportation of passengers and baggage is carried out according to schedules ... The schedule contains the intervals for the departure of vehicles, including by time periods of the day, or the time schedule for the departure of vehicles from the stopping point. Passengers travel on regular routes by tickets.

According to Article 13 of the Law of the Orenburg Region dated 09.03.2016. No. 3801/1039V-OZ "On the organization of regular transportation of passengers and luggage by road in the Orenburg region", a certificate of transportation along the intermunicipal regular transportation route and a map of the corresponding route are issued by the authorized body that established this route, based on the results of an open tender for the right to carry out transportation along the regular transportation route in accordance with the norms of the Federal the law No. 220-FZ.

Registration, renewal of the certificate of the implementation of transportation on the intermunicipal route of regular transportation, the map of the route of regular transportation, the termination and suspension of the certificate of the implementation of transportation and the map of the route of regular transportation are carried out in accordance with the norms of the Federal the law No. 220-FZ.

According to Part 1 of Article 27 of Law No. 259, the transportation of passengers and baggage on order is carried out by a vehicle provided on the basis of a charter agreement concluded in writing

In accordance with Article 787 of the Civil Code of the Russian Federation, under a charter agreement (charter) one party (the charterer) undertakes to provide the other party (the charterer) for a fee all or part of the capacity of one or more vehicles for one or several flights for the carriage of goods, passengers and luggage.

Based on the content of Part 2 and Part 4 of Law No. 259, the charter agreement specified in part 1 of this article, must include: 1) information about the charterer and charterer; 2) the type of vehicle provided (if necessary - the number of vehicles); 3) route and place of delivery of the vehicle; 4) a certain or indefinite circle of persons for the transportation of which the vehicle is provided; 5) the timing of the transportation; 6) the amount of payment for the use of the vehicle; 7) the procedure for admitting passengers to board a vehicle, established taking into account the requirements provided for by the rules for the carriage of passengers (if the vehicle is provided for the carriage of a certain circle of persons).

If there is no need to carry out systematic transportation of passengers and baggage by order, the charter agreement is concluded in the form of an order-order for the provision of a vehicle for the carriage of passengers and baggage. The details and the procedure for filling out such a work order are established by the rules for the carriage of passengers.

Section III “Carriage of Passengers and Baggage by Order” Government Decree No. 112 indicates that a charter agreement may provide for the use of vehicles for the carriage of a certain circle of persons or an indefinite circle of persons. A charter agreement providing for the use of vehicles for the carriage of a certain circle of persons establishes the procedure for admitting these persons to boarding a vehicle in accordance with paragraph 92 of the said Rules. Boarding of persons specified by the charter agreement into a vehicle provided for the charter carriage of passengers and baggage is carried out upon presentation of documents by the specified persons to the charterer (service certificate, excursion voucher, etc.) certifying their right to travel in this vehicle, and (or ) in accordance with the list of passengers provided to the charterer by the charterer. A charter contract can be concluded in the form of a work order for the provision of a vehicle for the carriage of passengers and luggage, drawn up by the charterer. The specified work order must contain the mandatory details, which are defined in Appendix No. 4 of the Rules. The vehicle provided for the carriage of passengers and baggage on request is made out with plates with the inscription "Customized", placed: a) above the vehicle's windshield and (or) in the upper part of the windshield; b) on the right side of the body in the direction of the vehicle; c) on the rear window of the vehicle. Above the windshield and (or) on the right side of the body in the direction of the vehicle, the short name of the charterer is indicated.

Thus, the distinguishing features of regular transportation from ordered ones are the presence of a public contract as the basis for transportation, the implementation of transportation according to the established schedule along the route of regular traffic in accordance with the route passport, on the basis of permits issued by the authorized body in the field of organizing regular passenger transportation, transportation is carried out systematically ...

A distinctive feature of passenger transportation by order is that transportation is carried out at the request of a passenger, while the route and departure time are also determined by passengers.

Based on the content of the letter from the Ministry of Economic Development, Industrial Policy and Trade of the Orenburg Region («<…>» ) it follows that the IS«<…>» certificates of transportation on intermunicipal routes No. 735 "Orenburg-Pervomaiski" and No. 633 "Buzuluk-Pervomaisky", as well as route maps were not issued by the authorized body and information was not entered into the Register of intermunicipal routes of regular transportation through the territory of the Orenburg region.

SP«<…>» carries out ordered transportation on the basis of notification No.«<…>» on the start of entrepreneurial activity from«<…>» (UGADN for the Orenburg region). Transportation is carried out on the basis of charter contracts for the carriage of a certain circle of passengers by road. Lists of 1-5 passengers are attached to these agreements.

Under the terms of chartering agreements, vehicles are provided for custom-made shipments in the interests of a certain circle of persons. Passengers boarding vehicles is carried out in strict accordance with the list of a certain circle of persons who confirm their presence in the vehicle with the signature and name of the full name provided by the "Charterer" prior to departure and (or) the beginning of the movement of the vehicle. The period of transportation of a certain circle of persons in accordance with this contract and in accordance with the application.

In accordance with the chartering agreements, the place of delivery of the vehicle is: Pervomaisky, st. 60 years of the USSR, station square, collection at stops.

At the same time, it should be noted that chartering agreements for the carriage of a certain circle of passengers by road, provided in the materials of this case, were concluded mainly between individual entrepreneurs«<…>» and«<…>»

The regular nature of transportation on the specified routes of an indefinite circle of persons, carried out by individual entrepreneurs«<…>» , is confirmed by the presence of an information plate on vehicles that carry passengers with an indication of the specific route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk", which is confirmed by the photographs provided in the materials of this case. These photographs show the vehicles of individual entrepreneur S.V. Korchagina. which carry passengers "Pervomaisky-Orenburg" and "Pervomaisky-Orenburg" («<…>» ).

In the regional newspaper "Prishagane" since 2016. and to date, information is being published, which indicates the following:

Departure route: "Orenburg-Pervomaisky" and "Pervomaisky-Buzuluk";

Specific departure time on the routes "Orenburg-Pervomaisky" (departure from Pervomaysky at 5:00, 6:00, 8:30; departure from Orenburg at 12:00, 13:00, 15:00; on Sunday 14:00, 15 : 00) and "Pervomayskiy-Buzuluk" (departure every hour from Pervomayskiy starting at 7:00 and from Buzuluk starting at 11:00);

Payment for travel on the routes "Orenburg-Pervomaisky" (from 400 rubles) and "Pervomaisky - Buzuluk" (200 rubles) from passengers;

Notification No. 56164-UV dated 08/30/2016 is indicated. and permission 56 No. 010747 dated 03/14/2016, which were issued by the individual entrepreneur«<…>»

The fact of placing the above information in the newspapers "Prichagane" is confirmed and not contested by the individual entrepreneur«<…>» and his representative«<…>»

According to the information provided by the applicants, the payment for regular passenger transportation is set in the amount of: "Pervomaisky-Orenburg" 550 rubles; "Pervomaisky-Buzuluk" 200 rubles.

The Commission believes that an indefinite circle of persons can familiarize themselves with this information. The content of this information is a specific timetable for the movement of vehicles on the route "Pervomaisky - Orenburg" and "Pervomaisky - Buzuluk". Potential passengers, having seen a vehicle with an indication of the route, seeing information in the newspaper "Prichagane" on the route schedule and the cost of the trip, not seeing a significant difference in carriers and taking into account the need to travel from one settlement to another, give preference to the vehicle that makes the trip earlier than regular flights and at a low price.

In addition, IP«<…>» gets an advantage in the implementation of passenger traffic on the route "Pervomayskiy-Orenburg" and "Pervomayskiy-Buzuluk", in the form of lack of time and costs for preparing documents for participation in the competition and for issuing the relevant permits.

The Commission of the Orenburg OFAS Russia, having analyzed the documents provided from the applicants and from the defendant in the materials of this case, established that the timetable of the vehicles of both the applicant and the individual entrepreneur«<…>» were daily, and the departure and arrival times of the vehicles coincided or were close to each other. Timetable of movement of vehicles of IP«<…>» was brought to the attention of passengers at the points of departure, as well as through placement in the newspapers "Prichagane". Initial and final departure points of vehicles of applicants and individual entrepreneurs«<…>» match up. Sending vehicles to individual entrepreneurs«<…>» and SP«<…>» carried out from the bus station, vehicles of individual entrepreneurs«<…>» depart from the station square next to the bus station.

The commission concludes that the actions of the individual entrepreneur«<…>» contradict the requirements of integrity, rationality and fairness, proceeding from the following: outwardly imitating the provision of custom-made passenger transportation services along a route that coincides with the IP routes«<…>» and SP«<…>» actually carries out business activities for the provision of services for regular passenger transportation. SP«<…>» could not have been unaware of the presence of a legitimate competitor on the market. Evidence to the contrary was not presented in the materials of this case.

Therefore, the actions of the SP«<…>» aim to obtain advantages in the implementation of entrepreneurial activities by violating the rules of competition between business entities (setting the time and price of a flight solely at their own discretion and in order to create illegal advantages for themselves in relation to a competitor).

SP«<…>» in violation of the requirements of the current regulatory legal acts, uses the inter-municipal routes "Peromaysky-Orenburg" and "Pervomaysky-Buzuluk" to make a profit. Meanwhile, other market participants operating in accordance with the requirements of regulatory legal acts, including individual entrepreneurs«<…>» and SP«<…>» , cannot thus increase their income, since such actions will lead to the loss of the universal character of regular passenger transport, which is necessary to meet the corresponding needs of the population.

The operation of an unaccounted route also leads to a redistribution of passenger traffic, a change in the economic indicators of routes and, as a result, causing losses to business entities-competitors in the form of lost profits. Outflow of passengers to individual entrepreneurs«<…>» as a result of unlawful acts committed by the latter, it can cause losses to business entities-competitors, who are conscientiously operating in the product market in question (including applicants), in the form of unearned income (loss of profits) that they could have received under normal conditions of competition.

In accordance with paragraph 9 of Article 4 of the Law on the Protection of Competition, unfair competition is any actions of economic entities (groups of persons) that are aimed at obtaining advantages in the implementation of entrepreneurial activities, contrary to the legislation of the Russian Federation, business customs, the requirements of integrity, reasonableness and justice and have caused or may cause losses to other business entities - competitors, or have caused or may harm their business reputation.

The prohibition of unfair competition is established by Art. 14.8 of the Law on Protection of Competition.

According to Article 10- bis According to the Paris Convention ("Convention for the Protection of Industrial Property", concluded in Paris on March 20, 1883), an act of unfair competition is considered to be any act of competition that is contrary to honest customs in industrial and commercial affairs.

In such circumstances, the Commission considers that the SP«<…>» actually carries out activities similar to those in which the individual entrepreneur is engaged«<…>» and SP«<…>» , that is, it carries out passenger transportation on a regular basis on the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" under the guise of ordered passenger transportation, which in turn contradicts the legislation of the Russian Federation, business customs, the requirements of integrity, rationality and justice and may cause losses to other business entities, respectively, is an act of unfair competition in accordance with Article 14.8 of the Law on Protection of Competition.

Based on the foregoing and taking into account the totality of the available evidence established by the circumstances of the case, the Commission concludes that the SP«<…>» the requirements of the current legislation of the Russian Federation, establishedArticle 14.8 of the Federal Law of July 26, 2006. No. 135-FZ "On the Protection of Competition", expressed in the commission of actions by carrying out regular passenger traffic on the inter-municipal route "Pervomaisky-Buzuluk" and "Pervomaisky-Orenburg" in the absence of permits stipulated by the current legislation of the Russian Federation.

The commission concludes that it is necessary to issue an order to an individual entrepreneur«<…>» on the commission of actions aimed at eliminating violations of the antimonopoly legislation.

Guided by article 14.8, 23, part 1 of article 39, parts 1, 2 of article 41, 45, article 49, article 50 of the Federal Law of July 26, 2006 No.№ 135-FZ "On Protection of Competition", Commission

DECIDED:

1. Recognize SP«<…>» violating the requirement of antimonopoly legislation establishedArticle 14.8Federal Law of 26.07.2006. No. 135-FZ "On Protection of Competition".

2. SP«<…>» issue an order to terminate regular passenger traffic on the inter-municipal route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" before receivingpermits issued by the authorized body in the field of organizing regular passenger traffic on the territory of the Orenburg region.

3. Transfer the materials of case No. 07-16-62 / 2017 to an authorized official of the Orenburg OFAS Russia to resolve the issue of initiating an administrative offense case.

This decision can be appealed within three months from the date of its adoption by the arbitration court.

Chairman of the Commission«<…>»

Order in case No. 07-16-62 / 2017

on taking actions aimed at eliminating violations of antimonopoly legislation

Commission of the Office of the Federal Antimonopoly Service for the Orenburg Region for the consideration of a case on violation of the antimonopoly legislation, consisting of:

Chairman of the Commission -«<…>» ,

guided by Art. 23, part 1 of article 39, part 4 of article 41, article 50 of the Federal Law from 26.07.2006 No. 135-FZ "On Protection of Competition", based on the decision of 15.12.2017. in case No. 07-16-62 / 2017,

prescribes:

1. Individual entrepreneur«<…>» ( «<…>» ) take actions aimed at eliminating the violation of antimonopoly legislation, for which: from the moment of receipt of this order to stop the implementation of regular passenger traffic on the inter-municipal route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" until receiving permits issued by the authorized body in the field of organizing regular passenger traffic on the territory of the Orenburg region.

2. Notify the Orenburg OFAS Russia about the fulfillment of this order by 22.01.2018 by submitting documents confirming its fulfillment.

The order can be appealed to the arbitration court within 3 months from the date of its issue.

Note: failure to comply with this Order within the prescribed period shall result in the imposition of an administrative fine in accordance with Part 2.5 of Art. 19.5 of the RF Code of Administrative Offenses

Chairman of the Commission«<…>»

Members of the Commission "<…>»

Members of the Commission "<…>»

The Government of the Russian Federation proposes to exclude the possibility of carrying out the transportation of passengers and luggage by road and urban land electric transport in a notification manner without obtaining a license. To this end, it is planned 1 to establish a ban on the carriage of passengers and luggage without a license by vehicles equipped for the carriage of more than 8 people and to amend Art. 1, art. 12, art. 19 of the Federal Law of May 4, 2011 No. 99-FZ "On licensing certain types of activities" (hereinafter - the law on licensing).

The fact is that activities for the regular transportation of passengers by road, equipped for the carriage of more than 8 people, are subject to licensing (clause 24, part 1 of article 12 of the law on licensing), and the implementation of entrepreneurial activities for the transportation of passengers and luggage by road on request is currently of a notification nature (clause 6, part 2, article 8 of the Federal Law of December 26, 2008, No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control").

How, for the purpose of taxing the profits of organizations and personal income tax, payments to an employee for using a personal car for business purposes are taken into account in the absence of a lease agreement? The answer to this and other questions can be found in "Base of legal consulting" Internet versions of the GARANT system. Get full access for 3 days for free!

Therefore, in order to avoid the fulfillment of licensing requirements, carriers file applications for the cancellation of the license and proceed to the implementation of, in fact, regular transportations under the guise of ordered ones.

It is also proposed to punish them for failure to provide information necessary for maintaining a unified automated information system for vehicle inspection.

At the moment, for non-payment of a fine, an administrative arrest for up to 15 days can be imposed, among other things.

More than 1,000 km of roads were repaired with these funds.

Since the beginning of this year, more than 1,000 illegal passenger transportation without a permit has been registered in Russia.

© NPP GARANT-SERVICE LLC, 2017. The GARANT system has been produced since 1990. The company "Garant" and its partners are members of the Russian Association of Legal Information GARANT.

The carriage of passengers by various types of vehicles must be carried out on the basis of a permitting license.

To obtain a license, a carrier company must have a certain set of vehicles, a sufficient number of qualified drivers and additional personnel, as well as submit to the controlling organization a set of documents confirming all the main factors.

Is there a responsibility for the lack of a license, and what punishment is provided by laws, read on.

What belongs

In order for the carriage not to be considered illegal, the following conditions must be met simultaneously:

• an organization - a carrier must have a license to engage in entrepreneurial activities related to passenger transportation. Permits are issued by the Federal Service for Supervision in the Sphere of Transport, or rather the regional divisions of this organization, which are available in every regional center of the Russian Federation;

To obtain a license, a company or an individual entrepreneur (an individual cannot obtain a permit under any circumstances) must fully comply with the requirements of the legislative acts of the Russian Federation for organizations that transport people.

• carriage carried out by advance order must be carried out on the basis of a written charter agreement concluded between the organizer of carriage and the passenger. The exception is passenger taxis, when ordering which the charter contract can be concluded orally;

An annex to the vehicle lease agreement are: a waybill indicating the route of travel, a list of passengers, payment documents, and so on.

• if the carriage is regular, then in addition to the main documents, a route approval issued by the Department of Transport must be attached.

When coordinating the route with the regional authorities, each vehicle is provided with a number, and the driver is given a route map that clearly defines the time of departure from the starting point of the route, the time of arrival at intermediate points indicated as stops, the time of arrival at the destination.

The driver is also provided with information about dangerous places along the route, about the location of food and recreation points for passengers, about the availability of gas stations and medical institutions.

For a passenger

For a passenger using the services of illegal carriers, the consequences can occur in the form of:

• failure to receive a comprehensive service stipulated by the charter agreement. As a rule, when an offense is detected, the vehicle is delayed, which leads to the impossibility of further movement of people and their delivery to the agreed destination;
• delivery delays. This aspect is especially important when using regular traffic on a given route;

When concluding a fictitious transport lease agreement, the company is not responsible for the timely delivery of people to their destination and it will be impossible to prove the opposite circumstance in court in order to recover compensation.

• moral and material damage. Violation of the rules for the transportation of people can entail not only material damage, but also harm to health.

Read also: Statement of recognition of the claim as the defendant sample

Official carriers are obliged to insure passengers, which entails the payment of a certain amount of money upon the occurrence of an insured event.

Illegal carriers do not enter into insurance contracts, therefore, it is impossible to recover the amount of damage for causing harm to health or damage to the passenger's property.

Legalization of carriers' activities is equally beneficial for both companies and passengers. Organizations can freely engage in their activities without fear of negative consequences, and passengers receive maximum comfort and safety.

For intercity passenger transportation by minibus, see the page.

A sample of filling out an order for the carriage of passengers is available at the link.

Penalty for illegal transportation of passengers

The law establishes certain requirements for taxis, including the obligation to carry passengers only with the appropriate license. Such a permit is issued to a company only after it has been checked by the Federal Service for Supervision of Transport for compliance with all legal requirements.

To avoid the need to prepare all documents, many companies operate without a license. This also applies to private carriers who are in no hurry to register as individual entrepreneurs, preferring to tax and not pay any taxes for it.

Why is illegal taxi popular?

Taxi is an inexhaustible way of earning money, which allows the driver to earn some money for his life in just a couple of hours. From the first appearance, this service is very popular among the population, because this option for moving around the city is very convenient. Unlike conventional public transport, which travels along a strictly defined route, the car can take the client straight to the entrance, providing high passenger comfort throughout the trip.

Such popularity of taxis among the population has made it attractive to drivers. Especially for those who prefer informal work, since this type of income brings much more profit than ordinary formal work.

Drivers who taxi without a license do not use meters, but agree with passengers on the cost of their services.

The main danger of using an illegal taxi is that the car does not comply with legal requirements. The Taxi Law provides for fines for the illegal transportation of passengers, as this can negatively affect the safety of the passenger.

What if the illegal transportation of passengers is detected?

Traffic inspectors constantly conduct checks to detect illegal passenger traffic without a license. According to the requirements of the legislation, this document is necessary for the implementation of several types of passenger transportation:

1. Movement by water transport.
2. Carriage of passengers by rail.
3. Travel by car if it can accommodate more than eight people.
4. Transportation of passengers by light taxi.

Carriage of passengers without a license is punishable by a fine, which is imposed on several persons:

1. A driver who was carrying passengers illegally.
2. On the person who allowed such transportation of passengers.
3. For an organization that is not licensed to carry out this type of activity.

If, during the second check, the same violation of the law is revealed again, in addition to the fine, the vehicle may be confiscated.

What is the fine for an illegal taxi for private carriers?

At the moment, for an illegal taxi without a license there is a fine of 5 thousand rubles. Depending on the region, the amount of the fine can vary and reach up to 10 thousand rubles (the maximum amount of the fine is valid in Moscow).

If the car that carried out the illegal transportation of passengers does not have any identification signals (checkerboard stickers), the driver is brought to administrative responsibility in the form of a fine of 3 thousand rubles.

If the driver carrying out the transportation of passengers, after accepting the funds, did not issue a cash document confirming payment for his services, he may also be held liable in the form of a fine of 1 thousand rubles.

If the person driving a passenger vehicle illegally uses the attributes of a taxi, he is brought to justice in the form of a fine of 5 thousand rubles.

Punishment for the carriage of passengers without a license for organizations

Organizations that carry passengers without having the appropriate permission are subject to fines in other amounts.

For the lack of information in the car salon about the rules of taxi operation, the official must pay a fine of 10 thousand rubles. The organization is prosecuted in the form of a fine of 30 thousand. Similar fines are established for cases when a passenger is not issued a check or any other document confirming payment for taxi services.

If the car used for transportation is not equipped with identification signals (lights or color schemes), the organization is obliged to pay a fine of 50 thousand rubles. An official will have to pay 10 thousand rubles for the same punishment.

How to avoid liability for transporting passengers without a license

Now it is possible to avoid responsibility for the illegal transportation of passengers only by following the requirements of the law. To get a taxi, the driver will need:

1. Register as an individual entrepreneur.
2. Buy the appropriate license.
3. Install all the necessary accessories on your car.

If the transportation of passengers is the main type of business, it is better to choose a simplified taxation system.

The entire procedure for the legalization of entrepreneurial activity takes a minimum of time and will require expenses in the amount of up to 30 thousand rubles.

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

The document indicates that recently the problem of accidents in the country has become significantly aggravated as a result of mass transportation, a significant part of which is carried out under the guise of ordered.

At the same time, regular transportations are usually carried out by "illegal carriers" under the guise of irregular ones, with an increased risk for passengers (since when they are carried out, transport safety at the places of embarkation and disembarkation of passengers is not properly ensured, and vehicles and their drivers do not pass appropriate control and verification) and contain signs of unfair competition with respect to legal scheduled carriers.

In this regard, the State Council of Udmurtia proposed to impose a fine on citizens in the amount of 3-4 thousand rubles, on officials, as well as on entrepreneurs carrying out activities 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.