Taxi Law in 2021: main provisions
Federal Law No. 69 does not apply exclusively to taxi operations. This legal act regulates changes in individual legislative acts of the Russian Federation, but 4 articles in this law are entirely devoted to reforming the work of the taxi service.
The document consists of 10 articles. They indicate:
- amendments to the Code of Administrative Offenses of the Russian Federation;
- amendments to the Town Planning Code;
- amendments to the Law “On Road Safety”;
- the procedure for the construction and use of parking lots;
- making changes to administrative responsibility.
What awaits taxi drivers in 2021
Since the transportation of passengers is a process that requires mandatory government intervention in order to ensure safety, it is planned to introduce several innovations specifically for taxi drivers throughout the year.
- Companies providing transportation services will be required to implement a system of OSGOP or compulsory insurance of the carrier's liability for damage . The planned limit of insurance payments will be 2 million rubles.
The need to introduce this measure of responsibility arose due to the emergence of a large number of intermediaries who are not carriers themselves, but transfer customer orders to third-party companies.
In the event of an accident, it can be difficult to find the final aggregator. Photo: komi.kp.ru
- Compulsory additional training. It is planned to introduce a legal norm according to which all drivers who work as cab drivers will have to undergo retraining and advanced training, which will be recorded in their licenses. The frequency of such additional training is 5 years.
In addition to the innovations that 2021 has brought, it is necessary to include the mandatory presence of a signal vest in the car and wearing it when stopping on the highway and getting out of the car. These amendments came into force on March 18, 2021. Cases when the driver will need to wear a warning vest:
- in case of a forced stop or traffic accident;
- if you are on the side of the road outside of a vehicle;
- during limited visibility or at night.
The legal conflict lies in the fact that the current version of the traffic rules does not provide for penalties for violating this requirement. Most likely, this “omission” will be corrected in the future.
Structure of a legislative act
There are a total of 10 articles in the document. The taxi service includes four of them:
- Article 3 – regulates administrative liability and the imposition of fines;
- Article 7 – introduces Article 36.1 into Federal Law No. 259, which defines the administrative responsibility of taxi companies for the safety of passengers and transported luggage;
- Article 8 – includes taxi services in Federal Law No. 294;
- Article 9 – establishes and regulates the rules regarding registration, the procedure for obtaining a license, requirements for vehicles used, and safety rules.
Taxi drove past the law
How will this affect prices and safety?
The Taxi Law was discussed for three years, hundreds of amendments were made, but again it was not adopted. This means that the market will continue to live by its wild rules.
Will taxi prices increase in Tver?
Last weekend, during snowfall, taxi prices in Tver jumped 3-5 times. Yandex.Taxi asked for about 350 rubles for a trip from the near Volga region to the railway station. The new aggregator Didi estimates the cost of such a trip at more than 500 rubles. Taxi prices are formed using electronic algorithms that take into account the demand for taxis, the number of drivers on the line, traffic jams and many other factors.
The analytical company BofA analyzed changes in taxi prices in 2021 from two leading aggregators, Yandex.Taxi and Citymobil. From May to December they grew by 56% and 68% respectively. Analysts came to this conclusion after calculating prices in Moscow, St. Petersburg, Samara, Ufa, Voronezh and Yaroslavl.
Many experts doubt the validity of this study. During the quarantine in the spring, taxi prices fell. In autumn, the demand for taxis is always higher than in spring. Plus, after a large number of restrictions were lifted, demand began to recover.
What about Tver? In our city, taxi prices were also very low in the spring. There were a lot of cars on the line, but almost no passengers. In autumn and winter, demand for taxi services began to grow again. But prices remained at pre-crisis levels. A survey of Tver taxi drivers showed that the average price of a trip around the city is 100-120 rubles. Some orders cost around 50 rubles.
“Taxi prices have remained at the same level for two or three years, but prices for gasoline and car maintenance are only rising,” taxi drivers say.
Prices will not rise also for the reason that the Didi aggregator has entered our city. He, like Yandex once did, dumps on this market by paying drivers extra. Even if you paid 60 rubles for your trip, the driver will receive about 150.
The Taxi Law was not adopted again
As they say, if the stars are shining in the sky, it means someone needs it. So it is with this law. They have been trying to accept him for many years, but for some reason they just can’t.
This time, the Duma Committee on Transport of the State Duma of the Russian Federation suddenly recommended that all deputies not vote for the second reading of the law. Committee members believe that the current version of the bill does not take into account the current situation in the passenger transportation market. That is, they spent three years (the law was adopted in the first reading in 2021) mulling over this law, and then decided that it was no longer particularly relevant.
What was its essence? First of all, the bill equated taxi aggregators with trip organizers. Now they are simply called information services, but for some reason they dictate their own rules of the game to drivers. Everyone understands that aggregators are obliged to organize a medical examination of drivers, technical inspection of equipment, check that drivers have the necessary documents, and also be responsible for the safety of passengers and drivers. But these evidences will not be put into concrete legal form.
Of course, there were many controversial issues in the Taxi Bill. For example, it was proposed to equip all cars with devices to monitor drivers' working hours and fatigue monitoring devices. Regions could receive the right to regulate taxi prices, as well as the number of cars that can operate it. For example, the authorities of the Tver region could decide that, say, 1,500 cars are enough for the region.
I would like to believe that the deputies will not wait another three years to pass the law “On Taxi”, but will make it simple, understandable and effective. It is high time to introduce the activities of aggregators into the labor field.
Is it possible to work in a taxi as a self-employed person?
In theory, the Ministry of Transport of the Tver Region should strictly ensure that only those drivers who have permission to carry out taxi transportation work in taxis. You can look at the register of permits, which is on the website of the regional Ministry of Transport. There are almost no valid permits. And every day in Tver alone, according to various estimates, about 500-700 drivers come on line. It turns out that almost all of them are illegal immigrants?
In fact, yes. Rare raids to identify illegal immigrants do not fundamentally change the situation. The editors have at their disposal a response from the regional Ministry of Transport, in which he explains that taxi aggregators are information services, the work of which the department cannot regulate. But the authorities of St. Petersburg entered into an agreement with the aggregators. Within its framework, a service has been created that checks online whether the drivers who come on line have permission to work as a taxi. What prevents the Tver region from doing the same?
Let us remind you that to obtain a permit you need the status of an individual entrepreneur or a legal entity. All this is expensive for drivers. But working as a self-employed taxi driver looks more attractive. By the way, this provision was in the unadopted bill “On Taxi”.
In response to an appeal from one of the drivers, the Tver tax service department responded that the law on self-employed people does not contain a direct ban on working in a taxi. Which means it is allowed. But in response to a similar request to the tax office of the Tula region, they responded that so far the self-employed cannot obtain a permit to work in a taxi, because for this they need to register an individual entrepreneur.
Yes, the tax service is not responsible for issuing taxi permits, but this response from Tver tax officials suggests that it’s time to put things in order in this matter. Even a new law “On Taxi” is not needed. It is enough for the federal authorities to clarify at least one norm. This will help drivers get out of the shadows and passengers have safer trips.
Andrey Sabynin
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Features of obtaining a taxi permit
One license is issued only for one vehicle for a period of up to 5 years
Procedure for obtaining a license:
- a package of documents is collected;
- documents are submitted to the Transport Committee of the constituent entity of the Russian Federation, but they can be sent through the State Services portal;
- The issued permit does not have to be collected in person; it can arrive by mail.
Package of documents for obtaining a license:
- a copy of the document on registration with the tax service;
- a copy of the applicant's passport;
- application for a license;
- a copy of the vehicle registration certificate or rental agreement, leasing agreement, PTS, general power of attorney.
The application form can be taken from the State Services portal.
Requirements for a passenger car
Requirements for vehicles:
- matching color scheme. Each region sets it at its own discretion, up to three options are allowed;
- A taxi meter must be installed in a taxi unless payment is made at the only established tariff;
- the color scheme “checkers” must be installed on the sides of the car; there must be an orange light on the roof of the car with the inscription “Taxi”;
- Must have a valid license;
- Passengers must be given checks or other documents confirming payment for travel if there is no cash register;
- There must be a written charter agreement.
Taxi companies must do the following:
- allow only serviceable vehicles in proper technical condition and appearance to operate;
- carry out monitoring of the technical condition of the car before leaving for the route;
- Conduct a pre-trip medical examination of the driver.
Violation of requirements will result in fines. For the absence of identification marks on a vehicle, a fine is provided:
- for the driver – 3000 rubles;
- for an official – 10,000 rubles;
- for a legal entity – 50,000 rubles.
A fine can be issued even if only one identification mark is missing
For failure to issue a check or other document replacing it, the following penalties are provided:
- for the driver – 1000 rubles;
- for an official – up to 10,000 rubles;
- for a legal entity – up to 30,000 rubles.
If it is established that passengers are transported without a charter agreement, the penalties are as follows:
- for the driver – 5000 rubles;
- for an official – 50,000 rubles;
- for a legal entity – up to 200,000 rubles.
If the traffic police establishes violations in the operation of a taxi, then in addition to a fine, an order is issued to eliminate them - a period of 1 month. If after this period the violation is not eliminated, the license may be revoked. A license can also be revoked for the following reasons:
- driving a car by a driver with less than 3 years of experience;
- repeated violation of the charter agreement;
- violation of legal requirements regarding the technical condition of a car;
- the taxi driver commits an accident with a fatal outcome, as well as if there are aggravating circumstances.
the name of the legal entity, its location;
3) changes in the last name, first name and patronymic of an individual entrepreneur, his place of residence, the details of his identity document;
4) reorganization of a legal entity.
6. If a permit is lost, the authorized body, on the basis of a written application from the recipient of the permit, issues a duplicate permit within ten days from the date of receipt of the application.
7. The permit must be located in the passenger compartment of a passenger taxi and presented at the request of a passenger, an official of an authorized body or an employee of the state road safety inspection.
8. The form of the permit, its validity period, the procedure for filing an application, the procedure for issuing and re-issuing permits, the procedure for determining the fee for issuing a permit, a duplicate permit and the procedure for maintaining a register of issued permits are established by the highest executive body of state power of a constituent entity of the Russian Federation. (As amended by Federal Law No. 34-FZ dated April 23, 2012)
9. The register of issued permits must be posted on the official website of the authorized body (if the authorized body does not have an official website, on the official website of the constituent entity of the Russian Federation) and updated within five days from the date of making relevant changes to the register.
10. If a violation of the requirements provided for in paragraph 1 or 3 of part 16 of this article is detected, the authorized body issues an order to the legal entity or individual entrepreneur to eliminate the identified violations. This order sets a deadline for its implementation, which cannot exceed one month. In the event of a violation of the requirements provided for in Part 14 of this article, the authorized body of the subject of the Russian Federation in whose territory the violation was detected transmits information about the identified violation to the authorized body that issued the permit. In case of repeated violation of the requirements provided for in Part 14 of this article, the authorized body that issued the permit applies to the court with an application to revoke (cancel) the permit. (As amended by Federal Law No. 34-FZ dated April 23, 2012)
11. Within the period established by the order, a legal entity or individual entrepreneur sends to the authorized body a report on the execution of the order, including documents containing information confirming the execution of the order.
12. In case of failure to comply with the issued order (including if the report on the execution of the specified order is not submitted to the authorized body before the expiration of the period established by the specified order, or the submitted report does not confirm the execution of the specified order within the established period), the authorized body makes a decision on suspension of the permit for a period not exceeding one month. The authorized body, within three days from the date of the decision to suspend the permit, makes an appropriate entry in the register of issued permits. The validity of the permit will not be extended during its suspension.
13. If, before the expiration of the suspension of the permit, a legal entity or individual entrepreneur submitted to the authorized body documents containing information confirming the fulfillment of the order, the failure of which was the basis for suspension of the permit, the authorized body renews the validity of the permit. If a legal entity or individual entrepreneur has not submitted the specified documents to the authorized body before the expiration of the suspension period of the permit, or the submitted documents do not confirm the execution of the specified order, the authorized body applies to the court with an application to revoke (cancel) the permit. The suspension of the permit is extended for the period until the court decision enters into legal force.
14. The permit is subject to revocation (cancellation) based on a court decision upon application of the authorized body in the case of:
1) repeated violation of the requirements provided for in part 14 of this article, or repeated violation of the requirements provided for in paragraph 1 of part 16 of this article, during the validity period of the permit; (As amended by Federal Law No. 34-FZ dated April 23, 2012)
2) failure to comply with the issued order specified in part 10 of this article during the period of suspension of the permit or if the report on the execution of the order submitted before the expiration of the specified period does not confirm its execution;
3) detection of a violation of the requirement provided for in paragraph 2 of part 16 of this article;
4) the driver of a passenger taxi has committed a traffic accident that resulted in death or serious or moderate harm to the health of a passenger or third parties.
15. The authorized body, within three days from the date of the decision to revoke (cancel) the permit, makes an appropriate entry in the register of issued permits.
16. In order to ensure the safety of passenger taxi passengers and identify passenger taxis in relation to other vehicles:
1) a passenger taxi must meet the following mandatory requirements:
a) (Repealed - Federal Law dated April 23, 2012 No. 34-FZ)
b) a passenger taxi must have a color scheme on the body (side surfaces of the body), which is a composition of squares of a contrasting color, arranged in a checkerboard pattern;
c) a passenger taxi must comply with the established color schemes of the body if such a requirement is established by the laws of the constituent entities of the Russian Federation; (As amended by Federal Law No. 34-FZ dated April 23, 2012)
d) a passenger taxi must have an orange identification lamp on the roof;
e) a passenger taxi must be equipped with a taximeter if the fee for using a passenger taxi is determined in accordance with the readings of the taximeter based on established tariffs based on the actual distance of transportation and (or) the actual time of use of the passenger taxi; (As amended by Federal Law No. 34-FZ dated April 23, 2012)
2) the driver of a passenger taxi must have a total driving experience of at least three years; (As amended by Federal Law No. 34-FZ dated April 23, 2012)
3) a legal entity or individual entrepreneur engaged in the provision of services for the transportation of passengers and luggage by passenger taxi is obliged to:
a) provide maintenance and repair of passenger taxis;
b) carry out monitoring of the technical condition of passenger taxis before leaving the line;
c) ensure that taxi drivers undergo a pre-trip medical examination.
17. To legal relations related to the implementation of control over compliance by legal entities and individual entrepreneurs engaged in the provision of services for the transportation of passengers and luggage by passenger taxis, the requirements established by part 16 of this article (with the exception of legal relations arising when monitoring compliance with these requirements directly in the process of transporting passengers and luggage by passenger taxi), the provisions 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” (as amended by this Federal Law) apply ) taking into account the specifics of organizing and conducting inspections established by this article.
18. The procedure for implementing regional state control over compliance by legal entities and individual entrepreneurs with the requirements provided for in parts 14 and 16 of this article, as well as the rules for transporting passengers and luggage by taxi, is determined by the law of the constituent entity of the Russian Federation. (As amended by Federal Law No. 34-FZ dated April 23, 2012)
19. Control over compliance with the requirements established by part 16 of this article directly in the process of transporting passengers and luggage by passenger taxi is carried out by the federal executive body authorized by the Government of the Russian Federation as part of the implementation of state control (supervision) in the field of ensuring road safety.
20. The basis for including a scheduled inspection in the annual plan for conducting scheduled inspections is the expiration of one year from the date of:
1) issuing the first permit to a legal entity or individual entrepreneur;
2) completion of the last scheduled inspection of a legal entity or individual entrepreneur.
21. The grounds for conducting an unscheduled inspection are:
1) verification of information confirming the execution of the order upon receipt by the authorized body of the documents specified in parts 11 and 13 of this article containing such information;
2) receipt by the authorized body of appeals and applications from citizens, legal entities, individual entrepreneurs, information from government bodies, officials of the authorized body, local government bodies and the media about facts of violation of the requirements specified in paragraph 3 of part 16 of this article, if such a violation creates a threat of harm to human life and health, the environment, property of individuals and legal entities, the threat of accidents and (or) man-made emergencies, or has resulted in such harm and the occurrence of accidents and (or) man-made emergencies;
3) the presence of an order (instruction) from the head of the authorized body to conduct an unscheduled inspection, issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation.
22. An unscheduled on-site inspection on the basis specified in paragraph 2 of part 21 of this article may be carried out by the authorized body immediately after agreement in the prescribed manner with the prosecutor’s office. Preliminary notification of a legal entity or individual entrepreneur about an unscheduled on-site inspection on the basis specified in paragraph 2 of part 21 of this article is not required.
23. In order to improve the organization of transport services for the population, optimize the transport load on the road network, the law of the constituent entity of the Russian Federation, based on the population of the constituent entity of the Russian Federation, the level of provision of the population with public transport services and the development of the road network, can establish the maximum number of vehicles used for the provision of services for the transportation of passengers and luggage by passenger taxi, on the territory of a constituent entity of the Russian Federation. At the same time, the maximum number of passenger taxis established by the law of a constituent entity of the Russian Federation in accordance with this part cannot be less than the number of permits in force as of July 1, 2014.
24. If the number of submitted applications for permits exceeds the maximum number of passenger taxis determined in accordance with Part 23 of this article, permits are issued based on the results of an auction held in accordance with the legislation of the constituent entity of the Russian Federation. The organization, conduct and summing up of the auction results are carried out by the authorized body.
Article 10
1. This Federal Law comes into force ten days after the day of its official publication, with the exception of provisions for which this article establishes a different date for their entry into force.
2. Parts 1 - 22 of Article 9 of this Federal Law come into force on September 1, 2011.
3. Paragraphs 1 - 9, 14 - 16, 18 - 21 of Article 3 of this Federal Law come into force on January 1, 2012.
4. Paragraphs 10 - 13 and 17 of Article 3 of this Federal Law come into force on July 1, 2012.
5. Parts 23 and 24 of Article 9 of this Federal Law come into force on January 1, 2015.
President of the Russian Federation D. Medvedev
Moscow Kremlin
April 21, 2011
No. 69-FZ