Do I need to obtain a license when providing transport to transport passengers? Licensing of motor transport Goals of licensing activities in transport.
Let’s assume that between JSC-1 (Contractor) and JSC-2 (Customer) an agreement has been concluded for the provision of services for the provision of vehicles. As part of this agreement, the Contractor provided the Customer with a PAZ bus for transporting people from their place of actual residence to their place of work (construction site) and back. JSC-1 does not have a license to carry out passenger transportation.
Is the activity within the framework of a service contract for the provision of vehicles licensed?
What should be licensed?
In accordance with paragraph. 3 p. 1 art. 49 of the Civil Code of the Russian Federation, in cases provided for by law, a legal entity may engage in certain types of activities only on the basis of a special permit (license).The list of types of activities requiring a license is established by Federal Law dated May 4, 2011 No. 99-FZ “On licensing of certain types of activities” ( hereinafter - Law No. 99-FZ).
In accordance with sub. 24 clause 1 art. 12 of Law No. 99-FZ, the activity of transporting passengers by road transport equipped for the transport of more than eight people is subject to licensing (except if the specified activity is carried out according to orders, or to meet the own needs of a legal entity or individual entrepreneur).
In accordance with clause 3 of the Regulations on licensing the transportation of passengers by road transport equipped for the transport of more than 8 people, approved by Decree of the Government of the Russian Federation dated 02.04.2012 No. 280 (hereinafter referred to as the Regulations), Passenger transportation activities include regular transportation of passengers in urban and suburban traffic, as well as regular transportation of passengers in intercity traffic.
At the same time, in accordance with Section II of the Decree of the Government of the Russian Federation dated February 14, 2009 No. 112 “On approval of the Rules for the transportation of passengers and luggage by road transport and urban ground electric transport” regular transportation of passengers and baggage means transportation carried out according to schedules, which in turn are drawn up for each stopping point included in the route of the vehicle.
The purpose of the licensed activity for the transportation of passengers under a public contract for the carriage of passengers for the carrier is to provide the passenger with transportation services along the appropriate transportation route for a fee for this service on the basis of a public contract for the carriage of passengers, and for the passenger to receive a paid transportation service. That is, the fee under this agreement is collected from the passenger by the carrier for the public transportation service provided. The parties to this agreement are the carrier and the passenger. The conclusion of the contract is certified by a ticket (Resolution of the Fifteenth Arbitration Court of Appeal dated May 4, 2012 No. 15AP-2773/12).
In the situation under consideration, under the terms of the contract, the customer (AO-2) instructs, and the contractor (AO-1) provides services for the provision of vehicles owned by the contractor for the operation of a separate division of AO-2. The customer is obliged to submit an application for the provision of a vehicle in a timely manner. In turn, the contractor, based on the received application, is obliged to transfer the vehicle in a technically suitable condition. In addition, the contractor bears the cost of insuring the vehicle.
What is the problem with such situations?
Unfortunately, based only on such information, it is quite difficult to give an unambiguous legal qualification to the relations of the parties.First of all, the conclusion suggests itself that the specified relationship is a rental one (the subject of the agreement is the provision of vehicles by the owner for the temporary use of another person). At the same time, in fact, at the request of the customer, the contractor provides him with a vehicle (bus) with a driver who provides transportation for the customer’s employees to and from work. Such an agreement can be qualified as a rental agreement for a vehicle with a crew (i.e., with the provision of vehicle driving services) or as a transportation agreement.
A distinctive feature of a lease agreement for a vehicle with a crew is that the vehicle is in any case transferred to the possession and use of the lessee for the entire lease period (Article 632 of the Civil Code of the Russian Federation). In this case, the driver, who is an employee of the lessor, obeys the lessee’s instructions regarding the operation of the vehicle (where to go, for what purpose, etc.). If the vehicle is not transferred to the customer’s possession for the entire duration of the contract, is used only to deliver the customer’s employees from one point to another, and the rest of the time is in the possession of the contractor, then, in our opinion, such an agreement most likely meets the characteristics of a transportation contract, rather than a rental agreement for a vehicle with a crew.
Thus, in relation to the situation under consideration, it is possible that the relationship between the parties will be qualified as a relationship in which the contractor provides the customer with services for the transportation of citizens (employees of the customer).
However, as we noted above, not any activity in which the owner of a vehicle provides passenger transportation services to another person(s) is subject to licensing. To do this, it is necessary that transportation be carried out not on orders from other persons, but regularly, i.e. were carried out according to schedules that are drawn up for each stopping point included in the vehicle’s route . In addition, this activity must be carried out with the collection of fees from passengers.
Meanwhile, in this case, the contractor provides transportation services precisely according to the customer’s requests. There is no pre-approved vehicle schedule for each stopping point. Payment for the provision of transportation services is paid by the contractor, not by passengers.
Based on this, in our opinion, even if the relations of the parties are qualified as relations for the provision of services for the transportation of passengers, this activity of JSC-1 is not subject to licensing in accordance with the law.
The state program for the privatization of state and municipal enterprises in the Russian Federation provided for the possibility of privatization of enterprises of sea, air, inland waterway and road transport, which allowed individuals and legal entities to carry out business activities (transportation of goods and passengers, freight forwarding and other types of work). It was especially noted that such activities can only be carried out on the basis of special permits (licenses). In railway transport, business activities can be carried out on the basis of a license obtained in accordance with Decree of the Government of the Russian Federation dated March 15, 2006 No. 134 “On licensing of certain types of activities in railway transport”. This became possible as a result of a change in the form of ownership in railway transport dated January 10, 2003 N15-FZ. This is the second resolution of the Government of the Russian Federation on licensing issues, which was issued in furtherance of the fundamental Federal Law of August 8, 2001 No. 128-FZ “On licensing of certain types of activities.”
The resolution approved the Regulations on licensing the transportation of passengers and baggage by rail; Regulations on licensing of cargo transportation by rail; Regulations on licensing the transportation of goods (movement of goods without concluding a contract - transportation) along public railway tracks, with the exception of the removal of arrived goods from the railway exhibition tracks, their return to the railway exhibition tracks; Regulations on licensing of loading and unloading activities in relation to dangerous goods on railway transport.
In accordance with this resolution, the procedure for issuing a license is common to all provisions. The license is granted for 5 years. The validity period of a license may be extended at the request of the licensee in the manner prescribed for re-issuance of a license. The Federal Law of August 8, 2001 “On Licensing of Certain Types of Activities” specifically noted that from the date of its entry into force, the introduction of licensing of other types of activities is possible only by making additions to the list of types of activities established by this law, the implementation of which requires a license , that is, it was established (and once again confirmed by Article 49 of the Civil Code) that any type of activity subject to licensing can only be established at the federal level.
Article 5 of the federal law defines the powers of the Government of the Russian Federation in licensing. The government is given the right to approve regulations on licensing specific types of activities; determine federal executive authorities that can license specific types of activities; establish types of activities that are licensed by executive authorities of the constituent entities of the Russian Federation.
Article 17 of the federal law “On licensing of certain types of activities” includes a number of types of business activities related to the transportation of goods and passengers as licensed types of activities.
In maritime transport, activities related to the transportation of passengers and cargo by sea are subject to mandatory licensing; survey services for sea vessels in seaports; loading and unloading activities in seaports; activities for servicing towing by sea (except for cases when the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur).
In inland water (river) transport, mandatory licensing is required for activities related to the transportation of passengers and cargo by inland water transport; loading and unloading activities in inland water transport.
In air transport, activities related to the transportation of goods and passengers are subject to licensing; aircraft maintenance activities; aircraft repair activities; activities on the use of aviation in economic sectors.
In road transport, the transportation of passengers by road transport equipped for the transportation of more than eight people is subject to mandatory licensing (except for cases when the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur); transportation of passengers on a commercial basis by passenger vehicles; transportation of goods with a capacity of over 3.5 tons (except for cases when the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur).
Guided by the powers granted to it by the Federal Law “On Licensing of Certain Types of Activities” (both previously in force and current), the Government of the Russian Federation approved provisions for licensing specific types of activities for each type of transport.
In accordance with Decree of the Government of the Russian Federation dated March 15, 2006 No. 134, which was mentioned above, in order to carry out business activities in railway transport and, accordingly, obtain a license, it is necessary to comply with the requirements of regulatory legal acts of the Russian Federation, industry standards and other regulatory technical documents , establishing the rules for the transportation of goods, passengers, and requirements for ensuring traffic safety on railway transport; compliance of rolling stock, railway stations, other buildings and structures, equipment and devices used in the transportation of goods and passengers, as well as technological processes with established technical standards and rules in the field of railway transport; availability of employees who meet the relevant qualification requirements; providing passengers with information about the licensee’s operating hours, location, availability of licenses and certificates for services subject to mandatory certification; carrying out passenger transportation in accordance with the norms and rules established in railway transport; the presence on the licensee's staff of persons responsible for the transportation of goods and passengers, having a higher or secondary specialized education and work experience in this field of at least 3 (5) years over the last 10 years of employment.
Currently, when carrying out business activities related to the transportation process in maritime transport, individuals and legal entities are guided by the provisions on licensing the carriage of goods and passengers by sea, and activities related to towing by sea; loading and unloading activities in seaports; survey services for sea vessels in seaports, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 490.
In accordance with these provisions, the above-mentioned activities of legal entities, regardless of their form of ownership, as well as individuals carrying out entrepreneurial activities without forming a legal entity, related to:
- a) transportation of goods and passengers, freight operations for the transportation of goods and passengers by sea, towing ships and other floating objects;
- b) servicing ships in ports in order to ensure the livelihoods of ship crews and navigation safety;
- c) transport and forwarding services, loading and unloading activities in seaports.
A license is issued in accordance with the new procedure for each type of activity by the Federal Service for Supervision of Transport for a period of at least five years. Article 8 of the Federal Law “On Licensing of Certain Types of Activities” allows that the Regulations on Licensing of Specific Types of Activities may provide for an indefinite validity of a license.
To obtain a license, the applicant submits to the licensing authority: an application for a license indicating the name and organizational and legal form of the legal address, current account number and name of the relevant bank (for legal entities); for individuals carrying out entrepreneurial activities - last name, first name, patronymic, place of residence in accordance with passport data; information about the type of activity that the legal entity or individual entrepreneur intends to engage in; copies of constituent documents and a certificate of state registration of the enterprise, certified by a notary; a copy of the certificate of state registration of a citizen as an individual entrepreneur; characteristics of ships and floating objects, loading and unloading equipment, berths and other facilities necessary to perform the relevant type of activity. In the case of leasing fixed assets, copies of documents confirming the right to use them for a licensed type of activity are provided. The licensing authority makes a decision to grant a license within a period not exceeding sixty days from the date of receipt of an incorruptible license with all the necessary documents. The establishment of this period is carried out in accordance with Art. 9 of the Federal Law “On licensing of certain types of activities”.
Based on the same article, the license applicant has the right to appeal, in the manner established by the legislation of the Russian Federation, the licensing authority’s refusal to grant a license or its inaction. privatization transport activity license
When carrying out business activities related to air transport, you should be guided by the Federal Aviation Rules for licensing activities in the field of civil aviation, approved by Decree of the Government of the Russian Federation of June 23, 2007 No. 397. And in accordance with these rules (clause 2), the following types are subject to licensing activities:
- a) implementation and provision of air transportation (domestic and international) of passengers, baggage, cargo and mail on a commercial basis;
- b) air traffic services, as well as servicing aircraft, passengers, baggage, cargo and mail at airfields and airports;
- c) carrying out aviation work to meet the needs of citizens and legal entities, including those carried out in the airspace of foreign states, and activities to support aviation work;
- d) training of specialists of the appropriate level according to the lists of aviation personnel positions.
Licenses are issued in accordance with Decree of the Government of the Russian Federation dated January 26, 2006 No. 45 “On the organization of licensing of certain types of activities” by the Federal Air Transport Agency. Non-commercial activities in the field of civil aviation can be carried out without licenses.
To obtain a license, the applicant submits all documents provided for in Art. 9 of the Federal Law “On Licensing of Certain Types of Activities”, as well as documents provided for by the Federal Aviation Rules: a copy of a document confirming the professional and technical (technological) ability of the applicant to perform a licensed type of activity (operator’s licenses, certificates).
Licensing of transportation (carriage of goods and passengers) loading and unloading activities related to the implementation of the transport process on inland water transport in the Russian Federation is carried out in accordance with the Regulations on licensing of certain types of activities in inland water transport, approved by the Decree of the Government of the Russian Federation dated August 13, 2006 No. 490. These Regulations regulate in detail the relations associated with the issuance of licenses to legal entities and individuals engaged in business activities when they transport goods and passengers along inland waterways; carrying out loading and unloading activities on inland water transport.
The license is issued by the Federal Service for Supervision of Transport for a period of at least five years in the form established by it. In road transport, when carrying out activities that are subject to compulsory licensing, they are guided by the Regulations, which establish its types and the procedure for their licensing,
Activities related to the transportation of passengers and cargo by road in the Russian Federation are subject to mandatory licensing. It is regulated by the Regulations on licensing the transportation of passengers and goods by road in the Russian Federation, approved by Decree of the Government of the Russian Federation of October 30, 2006 No. 637. In accordance with it (clause 2), the activities of legal entities are subject to licensing, regardless of their organizational and legal form, as well as individuals carrying out entrepreneurial activities without forming a legal entity, performing:
a) urban, suburban and intercity transportation, including interregional (meaning transportation between the constituent entities of the Russian Federation);
b) transportation of passengers by passenger cars on a commercial basis.
The issuance of licenses is carried out by executive authorities of the constituent entities of the Russian Federation, which are authorized to do so.
Currently, activities related to transport and forwarding services are not subject to licensing (Article 7 of the Federal Law “On Road Safety”, which provides for the licensing of transport and forwarding activities, is excluded from the Law).
In cases where it is necessary to obtain a license to carry out activities related to the repair and maintenance of vehicles in road transport in the Russian Federation, one should be guided by the Regulations approved by Decree of the Government of the Russian Federation of February 26, 1992 N 118. In accordance with it, licenses for activities related to the repair and maintenance of vehicles are issued by regional branches of the Russian Transport Inspectorate and its branches.
Monitoring compliance with the licensing procedure in railway, maritime, inland waterway, road and air transport, including compliance with licensing requirements and other conditions, is carried out by the Federal Service for Supervision of Transport and the Federal Air Transport Agency directly or through their territorial bodies. The presence of a license related to the implementation of the transport process does not relieve a legal entity or individual entrepreneur from the obligation to have the necessary certificates, working diplomas, certificates and other documents provided for by the current rules for the operation of vehicles, equipment, technical means, devices, etc. For example, in inland water transport, inland and mixed navigation vessels, ship devices, mechanisms and equipment are subject to mandatory certification. The same procedure has been established for air transport.
dated 04/23/94 N 372, dated 07/31/98 N 866)
1. Licensing of transportation, transport-forwarding and other activities related to the implementation of the transport process, repair and maintenance of vehicles in road transport is carried out for the purpose of state regulation of these types of activities, ensuring the normal functioning of the transport services market and protecting the interests of consumers of these services, implementation of the requirements of antimonopoly legislation, traffic safety and compliance with environmental standards when operating motor vehicles.
2. The activities of enterprises, institutions, organizations, regardless of their form of ownership and departmental affiliation, as well as entrepreneurs carrying out:
a) urban, suburban, intercity, interrepublican and international transportation of goods and passengers, with the exception of transportation specified in paragraph 3 of these Regulations;
b) transport and forwarding services for legal entities and citizens;
c) repair and maintenance of vehicles on a commercial basis.
In addition to paragraph 3, Decree of the Government of the Russian Federation dated February 12, 1993 N 121 established that transportation of goods and passengers by motor vehicles of enterprises, organizations and institutions of the system of the State Committee of the Russian Federation on Statistics (with the exception of transportation carried out by motor vehicles of these enterprises, organizations and institutions on commercial basis) are not subject to licensing.
3. The following are not subject to licensing:
a) technological (in-site, intra-factory and intra-quarry) transportation carried out by vehicles without access to public roads;
b) intra-farm, intra-district, intra-regional, intra-regional, intra-republican (republics within the Russian Federation) transportation carried out by vehicles of collective farms, state farms, peasant (farm) farms, agricultural cooperatives and other enterprises and organizations of the agro-industrial complex for agricultural needs, inter-regional, inter-regional, inter-republican (within the territory of the Russian Federation) transportation of agricultural products, their processed products, mineral fertilizers, plant protection products, agricultural machinery, equipment and spare parts, as well as repair and maintenance of vehicles for peasant (farmer) households and agricultural enterprises;
c) transportation of goods and passengers carried out in accordance with special regulations of the Government of the Russian Federation;
d) transportation of goods and passengers related to the elimination of the consequences of natural disasters;
e) transportation carried out by special and training vehicles;
f) transportation of goods and passengers by vehicles belonging to healthcare institutions of the Russian Federation and the Ministry of Communications of the Russian Federation (with the exception of transportation carried out by vehicles of these organizations on a commercial basis), the armed forces, state security and internal affairs agencies.
4. The following types of licenses are established:
for cargo transportation - "G";
for passenger transportation - "P";
for transport and forwarding services - "T";
for maintenance and repair of vehicles - “C”;
for the transportation of dangerous goods - "OG".
The license for the transportation of dangerous goods must indicate the type of dangerous goods for the transportation of which the license was issued.
(paragraph introduced by Decree of the Government of the Russian Federation dated April 23, 1994 N 372)
Drivers who have continuous experience as a driver of a vehicle of this category for at least 3 years and a certificate of completion of special training according to approved programs for drivers transporting dangerous goods are allowed to transport dangerous goods.
(paragraph introduced by Decree of the Government of the Russian Federation dated April 23, 1994 N 372)
5. For each vehicle, along with the license, a license card is issued, the color of which corresponds to the zone of its activity:
blue - urban and suburban transportation;
yellow - intra-republican (republics within the Russian Federation), intra-regional, intra-regional intercity transportation;
red - interrepublican (within the Russian Federation), interregional, interregional intercity transportation;
green - international transport.
The license and license card forms are approved by the Ministry of Transport of the Russian Federation.
6. All types of licenses are issued for a certain period (3 months, 1 year or 5 years) by regional branches of the Russian Transport Inspectorate and its branches, with the exception of licenses for international transport and related transport and forwarding services, which are issued by the Ministry of Transport of the Russian Federation or in the order established by him.
7. To obtain licenses, enterprises, organizations, institutions and entrepreneurs submit:
a) an application in the form established by the Ministry of Transport of the Russian Federation, indicating the type and area of activity, as well as the validity period of the license;
b) a copy of the document certifying the state registration of an enterprise or entrepreneur, and for an organization or institution - a copy of the charter or regulations approved in the prescribed manner;
c) data on the number of available:
vehicles - to obtain a license for transportation;
posts for maintenance and repair of vehicles - to obtain a license to carry out maintenance and repair;
d) data on other fixed assets ensuring the implementation of the activities specified in the application;
e) a copy of a document confirming the professional suitability of the head of an enterprise, organization, institution, entrepreneur or persons authorized by them to manage licensed activities (a diploma of completion of a special educational institution or a document confirming work experience in the specialty of at least 5 years);
f) documents indicating the technical ability of vehicles to transport specific types of dangerous goods - to obtain a license to transport dangerous goods.
(clause “e” was introduced by Decree of the Government of the Russian Federation of April 23, 1994 N 372)
In the absence of these documents, the manager, entrepreneur or persons authorized by them to manage the licensed activity must pass a professional suitability exam.
The procedure for passing exams and the amount of required knowledge are established by the Ministry of Transport of the Russian Federation.
8. Enterprises, organizations, institutions and entrepreneurs may simultaneously have several types of licenses.
9. The Councils of Ministers of the republics within the Russian Federation, executive authorities of territories, regions, autonomous entities, the cities of Moscow and St. Petersburg may establish additional conditions for the issuance of licenses that ensure the protection of the interests of consumers of transport services.
10. Refusal to issue licenses is made in cases where:
a) the professional training of the head of an enterprise, organization, institution, entrepreneur or persons authorized by them to manage licensed activities does not meet the established requirements;
b) the submitted documents contain incorrect information;
c) the rolling stock is not suitable for the transportation specified in the application for a license;
d) the applicant’s production base does not meet environmental requirements or does not ensure that vehicles are maintained in good condition;
e) other conditions necessary for carrying out the activities specified in the application are not met.
11. Issuance of licenses (notification of refusal to issue them) is carried out within 30 days from the date of submission of the application.
12. To consider controversial issues arising when issuing a license, by decisions of the relevant executive authorities, licensing commissions may be created at the branches of the Russian Transport Inspectorate.
The commissions include employees of the Russian Transport Inspectorate, specialists in the operation of road transport, and representatives of the relevant executive authority.
13. The owner of the license has no right to transfer it to another legal entity or individual.
14. The license holder is obliged to:
a) ensure compliance with the conditions specified in the license;
b) have a license card on the windshield of each vehicle;
c) provide the authorities that issued the license, at their request, with information about the licensed activity.
15. In the event of an increase in the number of vehicles (without changing the type of activity), the license holder must receive additional license cards in the prescribed manner.
16. Enterprises, organizations, institutions and entrepreneurs purchase licenses from the branches of the Russian Transport Inspectorate for a fee, the amount of which is established:
for inter-republican (within the Russian Federation), inter-regional, inter-regional, international transportation of goods and passengers by road and transport and forwarding activities related to these transportations - by the Ministry of Transport of the Russian Federation in agreement with the Ministry of Economy of the Russian Federation and the Ministry of Finance of the Russian Federation;
Licensing is an effective measure of authorities at all levels to protect the interests of the state and citizens from possible negative consequences of the activities of legal entities and individuals.
A license is a legal document issued to a legal entity or individual and gives it the right to engage in a certain type of activity.
The goals and objectives of licensing, the procedure for its implementation, requirements for types of transport services, etc. are determined by regulations approved by the Government of the Russian Federation, the Government, the Ministry of Transport and other federal bodies. Local executive authorities are given the right to establish special (additional) licensing conditions that ensure the protection of the interests of consumers of transport services.
Licensing of activities related to the implementation of the transport process, repair and maintenance of vehicles in road transport is carried out for the purpose of:
– state regulation of these types of activities;
– ensuring the stable functioning of the transport services market;
– protecting the interests of consumers of these services;
– implementation of the requirements of antimonopoly legislation;
– implementation of road safety requirements and safety precautions for the work being carried out;
– ensuring environmental safety.
The activities of legal entities, regardless of their organizational and legal form, are subject to licensing, as well as individuals carrying out entrepreneurial activities without forming a legal entity (individual entrepreneurs) to provide services (perform work) related to the functioning of the motor transport complex.
In the field of road transport, in accordance with the Federal Law “On licensing of certain types of activities” No. 99-FZ dated 05/04/2011, only “Transportation of passengers by road transport equipped for the transportation of more than 8 people is subject to licensing (except for cases where the specified activity is carried out on orders or for the own needs of a legal entity or individual entrepreneur)".
Legal entities, as well as citizens carrying out entrepreneurial activities without forming a legal entity, can engage in certain types of activities only on the basis of a license - a special permit from the authorities authorized to conduct licensed activities. The licensing process in motor transport is a regulator for the admission of individuals and legal entities to motor transport activities. Licensing is regulated by regulations at the federal, regional and local government levels.
This is an effective measure to protect the state and region from possible negative consequences of the commercial activities of entrepreneurs. Licensing for motor vehicles is one of the types of influence on business entities to comply with safety requirements for the operation of motor vehicles. It also serves to maintain compliance with environmental regulations. In addition, it is an instrument of state regulation of transport activities and regulation of the transport services market. All licensing provisions also indicate the following goals: protecting the interests of service consumers, implementing road safety requirements. In order to comply with licensing regulations, the following concepts are used:
License- a special permit to carry out a specific type of activity, subject to compliance with the requirements and conditions, issued to a legal entity or entrepreneur;
Licensed type of activity- type of activity for which a license is required to be carried out on the territory of the Russian Federation;
Licensing– activities related to the provision, regulation, suspension and cancellation of licenses and monitoring of licensees’ compliance with license requirements and conditions;
Licensing requirements and conditions are a set of requirements and conditions established by the provisions on licensing of certain types of activities, the fulfillment of which is mandatory.
Licensing authorities– federal executive authorities, executive authorities of constituent entities of the Russian Federation, carrying out licensing in accordance with federal law;
Licensee– a legal entity or individual entrepreneur who has a license to carry out a specific type of activity;
License applicant- a legal entity or individual entrepreneur who has applied to the licensing authority for a license to carry out a specific type of activity;
Register of licenses- a set of data on the provision of licenses, re-issuance of documents confirming the availability of licenses, suspension and renewal of licenses and cancellation of licenses;
The main principles of licensing are:
- protection of freedoms, rights, legitimate interests, morality and health of citizens, ensuring the defense of the country and security of the state;
‒ ensuring the unity of the economic space on the territory of the Russian Federation;
‒ approval of a unified list of licensed types of activities and a unified licensing procedure on the territory of the Russian Federation
- transparency and openness of licensing;
‒ compliance with the law when licensing.
On September 1, 2011, the federal law “On Taxi”, paragraphs 1-22 of Article 9, came into force, which regulates the activities of taxis in a new way. In addition, by Federal Law No. 34 of April 23, 2012, some changes were made to it.
The law simplified the procedure for obtaining a permit and fixed a list of documents that should be submitted to government agencies to obtain the appropriate permit. In total, you need to prepare 4 documents for submission:
An application for permission drawn up in writing in compliance with all necessary requirements;
A copy of the applicant’s identity document (in the case of submission of documents by the applicant’s representative, his document);
A copy of the document that confirms the registration of the applicant with the tax authorities as an individual entrepreneur or legal entity (extract from the Unified State Register of Legal Entities);
A copy of the vehicle registration certificate (this can be either a vehicle passport, a copy of the leasing agreement, a general power of attorney or a rental agreement).
At the same time, local government authorities of a particular region cannot expand or add to this list, or add other norms or requirements. An application for a permit can be submitted through the regional government services website, and the permit itself can be obtained by mail, that is, without personally contacting the relevant authorities.
A taxi permit can be obtained not only if you have your own car, but also for an officially rented car or one used under a general power of attorney. The issuance of a license may be refused only if the applicant provided false information when submitting the application. At the same time, the authority refusing to issue a license is obliged to explain in detail to the applicant the reason for this.
The Taxi Act 2013 regulates the issuance of only one permit per vehicle. According to the document, the minimum driving experience for taxi drivers has been reduced; now, to obtain a license, it is enough to have three years of driving experience. In addition, the taxi law abolishes the mandatory requirement for taxis to undergo a technical inspection of the vehicle every 6 months. Now taxi drivers will undergo technical inspection according to the same rules as ordinary car owners, and the requirement to carry a technical inspection coupon with them will also be lifted.
In accordance with the law, a taxi can take a passenger to another region, even if there is no agreement between the regions, but the address of the taxi delivery must be in the region where the taxi driver received permission to operate. If there is an appropriate agreement between the regions, then another region can transport passengers over someone else’s.
The requirement for the color of the taxi body, if previously established by the local authorities of the region, began to apply only in January 2013. Now regional authorities can accept not one, but several colors for taxis in a particular region. In addition, from January 1, 2013, the installation of a taximeter will be introduced, but only on the condition that the fee for a taxi trip is determined by the actual mileage or time. If fixed tariffs are used, a taximeter is not required to be installed.
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