Violation of the rules for transporting passengers, fine for transporting passengers in a cargo van (body)

“An extra passenger” is usually called a person who is in a vehicle when all the seats that were included in the design by the manufacturer are already occupied by other people.
Transporting an extra passenger in 2021 is an administrative offense for which the perpetrator will be held accountable and required to pay a fine to the traffic police. Many car owners imprudently classify this act as insignificant, although it certainly negatively affects the safety of the trip and can aggravate the severity of the consequences of a traffic accident. The violation is common among both drivers of passenger vehicles and buses.

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What is the fine for an extra passenger?

Transporting passengers in quantities exceeding the norm is one of the options for violating the rules for transporting people. The punishment for an extra passenger in 2021 is determined by the first part of Article 12.23 of the Code of Administrative Offenses of the Russian Federation - an administrative fine of 500 rubles.

A fine of 500 rubles will also be imposed on a citizen driving a bus if the number of people on board exceeds the number of seats when driving along an intercity, mountain, tourist or excursion route.

If in 2021 a driver is detained carrying an “extra passenger” outside the cabin of a vehicle, his act will fall within the meaning of Part 2 of Article 12.23 of the Code of Administrative Offenses of the Russian Federation. For this, the legislator determined a different fine amount - 1000 rubles. The sanction will be much stricter if the act complies with the disposition of the third or fourth part of the article of the administrative code under consideration. In accordance with them, if the violation concerns the transportation of a child, and also if the number of passengers exceeds the number of equipped seats during the organized transportation of a group of children, the punishment varies depending on the subject: the driver will pay a fine of 3 thousand rubles; guilty official – 25 thousand rubles; legal entity – 100 thousand rubles.

Administrative

A driver driving a bus who has not passed the inspection will be subject to administrative liability in the form of a fine in the amount of 500 to 800 rubles.
But companies will have to pay 50 thousand. If the driver does not have documents with him confirming the registered right to carry out activities, then the amount of the penalty increases to 5,000 rubles, in accordance with Part 2.1 of Art. 12.3 Code of Administrative Offences.

The code has a separate article defining punishment for unlawful transportation of passengers.

It determines the extent of responsibility for failure to use seat belts, for organizing the transportation of children that does not comply with the rules, for inappropriate qualifications of the driver and for the lack of necessary documents.

Drivers will have to pay 3 thousand rubles, employees - 25 thousand, and companies - 100 thousand. An even larger fine is provided for the movement of buses with children at night. The driver, at best, can get away with a fine of 5,000 rubles; the norm also provides for deprivation of rights for up to six months. Officials will pay 50 thousand, and legal entities. firms - 200 thousand rubles.

Responsibility for officials and companies for a number of offenses in the field of admitting transport or drivers that do not comply with the law to work is provided for in Art.
12.31—12.32. If an official sends a faulty vehicle on a flight, he will be held administratively liable in the form of a fine of 5,000-8,000 rubles.
If this malfunction is caused by lighting devices installed in front that do not comply with GOST, then such employees will pay 15-20 thousand rubles, and companies - 50 thousand.

If employees of a company release a driver who does not meet the requirements of the law, then they are punished with a fine of 20 thousand, and the legal entity. companies - 100 thousand

If a company violates the rules for drivers to have their health examined, both before the start of the journey and after its completion, or the rules for checking the technical condition of the vehicle itself, then such an omission will be punished with 30 thousand.

If the requirements that must be adhered to for safe transportation are not met, then liability arises under Art. 11.15.1 Code of Administrative Offences. For legal entities this is a fine of up to 100 thousand rubles.

If the company is hired again, then you will have to pay 200 thousand, possibly even suspending work for up to 3 months. And if it is established that this offense was committed intentionally, the fine will increase to 500 thousand rubles.

When is a passenger considered unnecessary?

The rules regarding the transportation of people by road are primarily set out in the provisions of Chapter 22 of the Road Traffic Rules. In the context of the problem under consideration, it is necessary to determine:

what kind of vehicle are we talking about (bus, car, etc.);
route (for route vehicles);
whether the “extra passenger” is a child;
whether the required violation was committed during the organized children's bus transportation.

Clause 22.8 of the Russian Traffic Regulations outlines a ban on transporting people “in excess of the number provided for by the technical characteristics of the vehicle.”

If a car has a total of five seats equipped with seat belts, then the driver and four passengers can travel in it. Carrying a fifth person is prohibited, even if the back seat is large enough to accommodate everyone. In 2021, carrying a child on the lap of one of the adults is also unacceptable.

Another example. As mentioned above, when designing a bus, the manufacturer can provide a certain number of standing places. In some cases, passengers can ride standing if necessary, but if the driver takes more standing passengers than the manufacturer provided, these will also be “extra passengers” for whom a fine will be imposed.

In 2021, the law defines situations where any passenger left without a seat will be redundant. Clause 22.3 of the Traffic Regulations of the Russian Federation establishes that the number of people transported in the cabin when traveling along an intercity, mountain, tourist or excursion route and during the organized transportation of a group of children should not exceed the number of seats equipped for seating. Those. In these cases, riding while standing is prohibited.

What is the punishment?

According to Article 12.23 of the Code of Administrative Offenses of the Russian Federation, for violating the rules for transporting passengers, the driver faces a fine of 500 rubles. However, if we are talking about specific cases, which are provided for in parts 2-6 of this article, then a more severe punishment is imposed. It should also be noted that it does not matter how many people are transported illegally, one or 10, the amount of the fine will be the same.

In the trunk of a car

According to clauses 22.1 - 22.8 of the Traffic Regulations, it is prohibited to transport passengers outside the vehicle cabin, except in cases where its body is equipped with an onboard platform or is a van body. If these conditions are not met, the amount of the fine in this case will be 1 thousand rubles in accordance with Part 2 of Art. 12.23 of the Code of the Russian Federation on Administrative Offences.

In a truck or gazelle

What is the fine for transportation in the back of a gazelle? As mentioned above, traffic regulations allow the transportation of passengers in a truck with an on-board platform or in a van . If the vehicle is not such, then transportation entails a fine of 1,000 rubles.

In the case when transportation is carried out by a driver who does not meet the qualification requirements described in the Traffic Rules, which we will discuss below, this fact is considered an administrative offense and carries a fine of 500 rubles (Article 12.23 of the Code of Administrative Offenses of the Russian Federation, part 1).

If the driver neglects the rules and transports children in the back of a truck, this entails an administrative fine of 3 thousand rubles, and more significant fines of 25 thousand and 100 thousand rubles are imposed on officials or legal entities, respectively.

Attention! Persons who carry out entrepreneurial activities without having the status of a legal entity, if they violate traffic rules when transporting people, bear the same administrative responsibility as legal entities.

You can find out more about the fine for transporting people in a cargo van in this material.

How to understand how many passengers transport is designed for in 2021?

The number of seats and their location are determined by the manufacturer. You should find the operating manual for your specific model; this information must be indicated there. Particular attention is paid to this issue during commercial transportation, since data on the number of passenger seats is also transmitted to the Tax Service. In some situations, it is impossible to do without an examination.

For an ordinary citizen who is sure that the previous owners have not made any changes to the design of his modern passenger car, it is usually enough to focus on the number of seats equipped with standard seat belts.

Procedure for imposing a fine

In order to bring the offender to justice in 2021, an authorized police officer needs to stop the car and identify the fact that there is an extra passenger in it. The reason for the stop may be any other traffic safety offense committed by the motorist. Transport without visible violations may also be stopped. For example, this is possible if a special preventive measure is carried out in a certain area, or if the vehicle matches the description in the orientation. Further, in common practice, an attentive inspector notices that there are a suspiciously large number of people.

If the traffic inspector has established the fact of a violation in the form of transporting an extra passenger, he will begin the procedural registration of the event. In this case, a simplified process is provided; the official is allowed to make a decision on the spot. If the driver does not challenge the fine for an extra passenger, the inspector will issue a decision on the case of an Administrative Offense, and will indicate the measure of responsibility.

If the motorist does not agree that his actions were contrary to the norms, then a protocol will be drawn up on the case of an Administrative Offense, which will indicate the place and time for further consideration.

After filling out the necessary papers, the driver receives a copy of the protocol on the imposition of a fine for the extra passenger and can continue driving, but the violation itself must be eliminated. Otherwise, the offender may be detained again.

Article 11.14.1. Violation of the rules for transporting passengers and luggage by taxi

Ruling of the Supreme Court of the Russian Federation dated 02/05/2019 N 309-AD18-24593 in case N A71-9255/2018 on the application of the limited liability company "Technology" to declare illegal and cancel the resolution of the Moscow Administrative Road Inspectorate dated 05/04/2018 N 035604301031804180000064 2 about attraction to administrative liability under Part 3 of Article 11.14.1 of the Code of the Russian Federation on Administrative Offenses for the absence of a color scheme of a passenger taxi on a vehicle used for the provision of services for the transportation of passengers and luggage, and the imposition of a penalty in the form of an administrative fine in the amount of 50,000 rubles,

Ruling of the Supreme Court of the Russian Federation dated 02/05/2019 N 309-AD18-24600 in case N A71-13683/2018

at the request of the limited liability company "Technology" to declare illegal and cancel the resolution of the Moscow Administrative Road Inspectorate dated July 18, 2018 N 0356043010318070400001040 on bringing to administrative liability under Part 1 of Article 11.14.1 of the Code of the Russian Federation on Administrative Offenses for the lack of information in the cabin of a passenger taxi , provided for by the Rules for the transportation of passengers and baggage and imposing punishment in the form of an administrative fine in the amount of 30,000 rubles,

Ruling of the Supreme Court of the Russian Federation dated October 23, 2019 N 307-ES19-18139 in case N A56-112194/2018

Limited liability company Commerce and Transport (hereinafter referred to as the company, the applicant) applied to the Smolninsky District Court of St. Petersburg with an application to declare illegal and cancel the resolution of the Transport Committee of St. Petersburg (hereinafter referred to as the administrative body) dated April 17, 2018 N T-116 -18 on bringing to administrative liability on the basis of Part 3 of Article 11.14.1 of the Code of the Russian Federation on Administrative Offenses with the imposition of an administrative fine of 50,000 rubles.

Ruling of the Supreme Court of the Russian Federation dated 02/05/2019 N 310-AD18-24598 in case N A68-9496/2018

at the request of the limited liability company "Intertrans" to declare illegal and cancel the resolution of the Moscow Administrative Road Inspectorate dated July 12, 2018 N 0356043010318062700001046 on bringing to administrative liability under Part 1 of Article 11.14.1 of the Code of the Russian Federation on Administrative Offenses for the lack of information in the cabin of a passenger taxi , provided for by the Rules for the transportation of passengers and baggage and imposing punishment in the form of an administrative fine in the amount of 30,000 rubles,

Ruling of the Supreme Court of the Russian Federation dated February 11, 2019 N 309-AD18-24743 in case N A71-13684/2018

Limited Liability Company "Technology" (hereinafter referred to as the company, the applicant) applied to the arbitration court to declare illegal and cancel the resolution dated July 18, 2018 N 0356043010318070400000991 of the Moscow Administrative Road Inspectorate (hereinafter referred to as the inspection, administrative body) to bring the company to administrative liability on the basis of Part 3 of Article 11.14.1 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) with the imposition of a fine in the amount of 50,000 rubles.

Ruling of the Supreme Court of the Russian Federation dated March 4, 2019 N 309-ES19-171 in case N A71-12464/2018

Limited Liability Company "Technology" (hereinafter referred to as the company, the applicant) applied to the arbitration court to declare illegal and cancel the resolution of June 27, 2018 N 0356043010318061800000076 of the Moscow Administrative Road Inspectorate (hereinafter referred to as the inspection, administrative body) to bring the company to administrative liability on the basis of Part 3 of Article 11.14.1 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) with the imposition of a fine in the amount of 50,000 rubles.

Ruling of the Supreme Court of the Russian Federation dated July 10, 2019 N 309-ES19-9681 in case N A71-6644/2018

The inspectorate issued decisions in the case of administrative offenses dated 04.04.2017 N 0356043010317032000000129, dated 14.12.2017 N 0356043010317112700000618, by which the company was held administratively liable for committing an offense under Part 3 of Article 11 .14.1 of the Code of the Russian Federation on Administrative Offenses, resulting in the absence of color graphics diagrams of a passenger taxi on a Toyota Camry vehicle, state registration plate E656ХУ777.

Resolution of the Supreme Court of the Russian Federation dated 02/03/2020 N 5-AD20-1

Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered the complaint of Artem Anatolyevich Antonov against the decision dated December 4, 2018, which entered into legal force, issued by the deputy head of the Moscow Administrative Road Inspectorate, the decision of the judge of the Tverskoy District Court of Moscow dated March 5, 2019 N 12-714 /19, decision of the judge of the Moscow City Court dated 04/22/2019 N 7-4488/19 and resolution of the deputy chairman of the Moscow City Court dated 09/10/2019 N 4a-5051/19, held in relation to Antonov Artem Anatolyevich (hereinafter - Antonov A.A. ) in a case of an administrative offense provided for in Part 3 of Article 11.14.1 of the Code of the Russian Federation on Administrative Offences,

Who is responsible for the extra passenger in 2021?

Only the driver can be the subject of the violation in question. The person who was behind the wheel and operating the vehicle will be fined for an extra passenger. He is responsible for the safety of transportation and its compliance with established standards.

Taking into account the fact that the extra passenger is most likely in the car, unable to fasten a seat belt, he may also be charged with a fine, but under a different article. For violation of traffic rules by a passenger, the punishment is determined by part 1 of Article 12.29 of the Code - 500 rubles. administrative fine. Let us add that a motorist may also be fined 1,000 rubles, which is prescribed under Article 12.6 of the Code for transporting people without using seat belts.

Bus incompatible with life

Buses and minibuses were the first to be subject to criminal charges. In Moscow alone, five cases have been opened, and in total there are already a dozen and a half across the country.

Finally, a real sentence is being faced for cars leaving the streets in disrepair. Most of the charges were brought under Part 1 of Article 238 of the Criminal Code: provision of services that do not meet life and health safety requirements. Almost any violation of the rules for transporting passengers can be carried out under this article. But mainly it is used for those who went on a route on a bus, the operation of which was prohibited. It is noteworthy that the managers of the automobile enterprises that produced such a bus do not face this criminal article. The maximum is administrative responsibility.

Drivers bear the entire burden of responsibility.

Other cases were opened under Part 3 of Article 327 of the Criminal Code - for the use of knowingly forged documents. And among them are not only fake licenses for passenger transportation and work permits, but also fake driving licenses.

Drunk, without a license

and residence permit

Those who have to use the services of such carriers know firsthand: minibuses often avoid traffic jams on the sidewalks, take more people on board than the car can accommodate, jump through red lights, and cross traffic to catch passengers.

Often, even the very appearance of these cars raises suspicions that they will not reach the nearest stop. Moreover, there was a case when a minibus was unable to disembark passengers because the door was jammed. It took the minibus driver and his colleague, who came to help, about half an hour to free the unfortunate people locked in the filthy cabin at their own expense. If you think that the minibus then went for repairs, then you are mistaken: it went on to carry passengers.

A large-scale traffic police inspection carried out throughout the country showed that buses that have not passed technical inspection are often sent to the line. And they wouldn’t have passed - the defects in their condition are so obvious. A criminal case has been opened against a citizen of Uzbekistan, who transported passengers from the Skhodnenskaya metro station in the Tushino microdistrict in Moscow under Article 238 of the Criminal Code. With a light heart, he drove people in Gazelle cars with faulty brakes, which was confirmed by an examination.

There are even drunk drivers behind the wheel of minibuses. During the traffic police operation “Bus”, four such people were identified in Moscow alone. And nine more refused to undergo a medical examination.

Term - for the owner

It is still unclear how to deal with buses, their owners and drivers. All the tightening of penalties passed by the motor transport enterprises and fell on the shoulders of the most vulnerable - hired drivers. Such cases are not brought against organizations. And it is almost impossible to hold an organization accountable for violating passenger transportation rules.

Let me cite as an example the case of one of the transport companies in St. Petersburg. The accident occurred because the minibus' brakes failed. Who put such a machine on line? It turns out that no one let her out. Because the organization operating on this route, due to a lack of its own transport, contracted with another organization. She had cars, but no drivers, so she lent buses to a third organization. In the end, it turned out that no one was to blame for what happened, except the driver, of course. The situation is quite according to Raikin: are you satisfied with how the buttons are sewn on? So we are only responsible for buttons.

Thus, auto companies are only responsible for ensuring that there are buses on the route. But what kind of buses and what kind of drivers are on them is no longer their problem.

Large motor transport enterprises organize control over routes, which vehicles enter the line, and the drivers themselves. For small businesses, this is just an extra headache and a waste of money. However, it is extremely difficult to force them to comply with all the necessary requirements for the safe transportation of passengers.

It is impossible to bring them to criminal liability - the same article 238 does not provide for the liability of legal entities. The managers of such enterprises are liable under the administrative code: the maximum fine is 20 thousand rubles. And this is only if the company does not comply with the requirements of the traffic police. And if a bus with faulty brakes is put on the line, the maximum that faces the person who sent such a vehicle on the route is a fine of up to a thousand rubles.

As long as our motor transport enterprises bear such a very conditional responsibility, as long as guest workers who do not know not only the rules of the road, but also the Russian language will work on the routes. Minibuses will continue to travel on sidewalks with the risk of running over a pedestrian and on the roadsides with the risk of overturning. And those who sit behind the wheel will be held accountable for these violations. Moreover, it is a criminal article. And if he doesn’t want to carry passengers in a car without brakes, let him quit, they’ll find someone else who’s more accommodating.

An article for all occasions

Article 238 of the Criminal Code has been applied to taxi drivers relatively recently. This practice is not even a year old. The first time a taxi driver was accused of it was in the city of Urai, Khanty-Mansiysk Autonomous Okrug. There, the driver was first punished for transporting a child without a child seat. For the first violation, he got off with a fine, and when he was caught the second time, the city prosecutor found a way to influence him in the form of this criminal article.

Human rights activists then objected to harsh punishment, arguing that such an offense entails only administrative liability. Nevertheless, the court of the city of Urai considered the prosecutor’s claims to be well founded and punished the taxi driver for one year. True, conditional.

The initiative of the advanced prosecutor from Ugra was supported by some others. And the wave of bringing taxi or bus drivers to criminal liability began to gain momentum. True, some prosecutors consider this classification of violation to be unfounded and close criminal cases. And in some regions judges do not agree with this formulation of the issue. But the number of cases brought against drivers under this article is growing. A precedent has been created, and now they are rushing to take advantage of it.

Yes, riding minibuses is scary and dangerous. However, while there is no transport that would quickly deliver to the right place, observing all safety rules, something has to be sacrificed. Either safety or time.

In turn, traffic cops claim that the application of Article 238 is not their diocese. They only report a violation, and the qualification of this violation is a matter for prosecutors and courts. There are, of course, a number of questions regarding its use. For example, the legislation does not define what is considered services. Moreover, there is no clear understanding of what is considered services that do not meet security requirements. But if the prosecutor decided and the court approved, then only the one who received the sentence can argue with them. Despite the fact that more than one person has been charged under this article, there have been no appeals against these decisions. In what cases it is possible and in what cases this article should not be applied can only be determined by the Supreme Court. As we were told by the Road Safety Department of the Ministry of Internal Affairs, only a driver who has been charged in such a case can request such a determination. In the meantime, drivers have to rely on the conscience of prosecutors, and passengers have to rely on the conscience of drivers.

What should a driver do if a traffic inspector imposes a fine for an extra passenger?

When communicating with a police officer, the driver should be correct and strive to understand the situation. If he realizes that he has committed a violation, he should calmly fill out the paperwork and then pay a fine for transporting an extra passenger. If you are confident that the actions of the traffic police inspector are illegal, a citizen can exercise the right to conduct audio and video recording. Then you should record your comments in the protocol on the case of an Administrative Offense, which will be drawn up in the event of a dispute.

The driver has the right to completely refuse to put his signature on the protocol, but then in the presence of attesting witnesses this is noted, and the refusal does not affect the further procedure in any way. If a decision has been made, the citizen can also appeal it.

Is there a discount?

In 2021, a driver can save exactly half the amount of the fine imposed for an extra passenger if he makes payment within the next twenty days following the day the decision was issued. This opportunity is provided by Article 32.2 of the Administrative Code. This benefit does not apply to a number of gross violations. Exceptions are indicated directly in the norm; there is no fine for transporting an extra passenger among them. In any case, penalties must be paid off within 60 days to avoid additional costs for late payment (Article 20.25 of the Code of Administrative Offenses of the Russian Federation).

Appealing a fine for an extra passenger

The citizen has 10 days from the day he was given a copy of the decision to appeal it. If this deadline is missed, the period for appealing the fine for an extra passenger can be resumed if there are compelling reasons.

The main stages of appealing a fine for an excess passenger in 2021 can be outlined as follows:

searching for arguments in one’s favor, collecting material;
determination of the place of consideration;
drafting the text of the complaint (sample attached);
checking its correctness and reliability of data;
sending the document to the addressee;
taking part in the review.

Applications to appeal the fine for an extra passenger can be found here.

Let's look at these stages in more detail.

It is necessary to select arguments that will convince a judge or an official at the State Traffic Inspectorate that the decision imposing a fine for an extra passenger really needs to be canceled. You should collect all available materials that confirm the case. This could be a video recording that shows that there is a permissible number of passengers in the cabin, but the police officer is acting illegally. Perhaps a document was found certifying that changes to the car’s design were made according to the rules, or an operating manual that confirms the driver’s correctness. In 2021, a gross error in the document, such as incorrectly specified data on the vehicle model, may also be grounds for canceling the resolution.
It is necessary to select the body where the complaint will be considered. If the contested decision was made by an employee of the State Traffic Inspectorate, you can appeal to a higher authority, a higher official, or a district court. It is permissible to send the application to all addressees at the same time, but then only the judge will have the right to deal with the case. When choosing a court, you need to focus on the place where the violation was discovered. The data specified in the resolution will help determine the required unit of the State Traffic Inspectorate. Even in the event of an error in the choice of an official or court, the complaint must be forwarded to the jurisdiction within three days without the participation of the citizen. For the traffic police unit, the period within which they are required to make a reasoned decision is limited to ten days, calculated from the moment it receives all the materials. For a judge it is much longer - two months. Some citizens fear that traffic police officers are less impartial than judges and prefer to wait longer.
Draw up a complaint with an application to appeal the fine for an extra passenger according to the proposed sample - by hand or on the computer. The necessary information about the inspector is indicated in the disputed document itself. The text must be correct, legible, and not contain rude words. It is necessary to indicate the applicant’s details; such a complaint cannot be anonymous.
After compiling the text, it would be a good idea to double-check it and make sure that the facts are not distorted. An inspector may be present at the examination, and he may have a video or audio recording that the offender did not know about.
The finished document can be sent by registered mail or delivered directly to the addressee. In 2021, the departments of the State Traffic Inspectorate have special sealed boxes for receiving citizens' requests; you can contact the office or secretariat.
After waiting for an answer, you should appear for consideration to personally defend your position. In some cases, the procedure can be carried out without the applicant. The decision on the complaint will be announced immediately and can also be appealed to a higher authority. In a difficult situation from a legal point of view, the assistance of a lawyer will be useful at each stage of appealing a fine for an extra passenger. It will not be difficult for a person who is confident in his rightness and knowledge to get the illegal decision overturned on his own.

Commentary on Article 12.23 of the Code of Administrative Offenses of the Russian Federation

1. The object of an administrative offense is road safety, life and health of citizens, rules for transporting people.

2. The objective side of Part 1 of this article is characterized by action or inaction and is expressed in non-compliance with the rules for transporting people. To bring the culprit to administrative responsibility, it is necessary to indicate which rule for transporting people was violated. The offense is considered completed from the moment the vehicle transporting people begins to move.

According to paragraph 1 of Art. 17 of the Federal Law of August 8, 2001 N 128-FZ “On licensing of certain types of activities” <118> transportation of passengers by road transport equipped for the transportation of more than eight people (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur), as well as transportation of passengers on a commercial basis by passenger road transport, only licensees have the right to carry out. Violation of the rules for transporting people is qualified under Part 2 of Art. 12.23 in the event that the action (inaction) was expressed in the form of transporting people outside the cabin of a car, tractor, on a cargo trailer, in the back of a cargo motorcycle, etc.

——————————— <118> NW RF. 2001. N 33 (part 1). Art. 3430; 2002. N 11. Art. 1020, N 12. Art. 1093, N 50. Art. 4925; 2003. N 2. Art. 169, N 9. Art. 805, N 11. Art. 956, N 13. Art. 1178, N 52 (part 1). Art. 5037; 2004. N 45. Art. 4377.

3. The subjective side of the offense is expressed by guilt in the form of intent or negligence.

4. The subject of an offense under this article is the driver of a vehicle who has violated the rules for the transportation of people, or an official who organizes the transportation of people without complying with the established requirements for the transportation of people.

How to avoid a fine, and what are the dangers of incorrect transportation?

The best and at the same time the only legal way to avoid liability for transporting an extra passenger is to prevent this offense. The driver must carry only the number of passengers provided by the manufacturer. This is primarily a question not of convenience, but of safety, since such a violation entails an increase in the severity of the consequences in the event of an accident.

An additional person in a passenger car is prevented from using a seat belt. For a child who is placed on an adult's lap, the risk of severe injury or death increases significantly. Many examples of road accidents can illustrate that an adult is not able to hold a child, but often causes damage with the weight of his own body. Even taking into account that many rear seat passengers are generally not inclined to use seat belts, the presence of another unsecured body in the cabin during a severe impact and/or rollover will increase the damage to the health of the victims.

Some unscrupulous owners of buses and minibuses used for commercial transportation try to illegally increase the passenger capacity of their vehicles for profit by simply adding one or more seats. Changing the design of a vehicle, as it should be, is a rather expensive and time-consuming process. But there will be more confidence in the compliance of the characteristics of the new chair with safety requirements. A passenger on a bus or minibus who receives a poorly installed seat, added without permission by the car owner, may suffer more significantly in an accident than others.

Licensing requirements and fines for violations when transporting passengers and other persons by bus

Dear colleagues.

In accordance with the Decree of the Government of the Russian Federation of February 27, 2019 No. 195 “On licensing activities for the transportation of passengers and other persons by buses” - the Licensee is obliged to fulfill the following licensing requirements:

a) use buses for carrying out licensed activities, information about which is included in the register of licenses;

b) carry out activities to ensure road safety through the performance of official duties by an employee appointed by order of the licensee as the person responsible for ensuring road safety and who has passed certification for the right to engage in relevant activities, OR if the licensee is an individual entrepreneur and has passed the specified certification, through the execution relevant responsibilities directly by an individual entrepreneur;

c) to carry out commercial transportation, use the licensee’s buses, information about which is specified in the contracts of compulsory insurance of the carrier’s civil liability for damage to the life, health and property of passengers (Federal Law of the Russian Federation dated June 14, 2012 No. 67-FZ);

d) fill out waybills in the manner established by the Ministry of Transport of the Russian Federation in accordance with Article 6 of the Federal Law “Charter of Road Transport and Urban Ground Electric Transport” (Order of the Ministry of Transport of the Russian Federation dated September 18, 2008 No. 152);

e) allow buses to the licensed type of activity:

have undergone pre-trip or pre-shift inspection of their technical condition in accordance with the established procedure (Order of the Ministry of Transport of the Russian Federation dated 08.08.2018 No. 296);
equipped in the cases and in the manner provided for by the legislation of the Russian Federation, with tachographs (Order of the Ministry of Transport of the Russian Federation dated February 13, 2013 No. 36);
equipped, in the cases and in the manner provided for by the legislation of the Russian Federation, with GLONASS or GLONASS/GPS satellite navigation equipment (Resolution of the Government of the Russian Federation of February 13, 2018 No. 153);

f) carry out maintenance of buses within the time limits provided for by the documentation of the manufacturers of these vehicles;

g) ensure that the licensee’s buses are parked upon their return from trips and the end of the driver’s shift in the territory of urban settlements, urban districts, cities. Moscow, St. Petersburg and Sevastopol, the implementation of such parking of the licensee’s buses in parking lots (parking spaces) that meet the requirements established by the Ministry of Transport of the Russian Federation (Order of the Ministry of Transport of the Russian Federation dated May 17, 2018 No. 199);

h) transfer information about passengers and personnel (crew) of the licensee’s bus to an automated centralized database of personal data about passengers and personnel (crew) of the licensee’s buses (for international and intercity transportation between settlements located in the territories of different constituent entities of the Russian Federation);

i) allow licensed drivers to drive buses:

having an employment relationship with the licensee in accordance with the Labor Code of the Russian Federation;
meeting the professional and qualification requirements established by the Ministry of Transport of the Russian Federation (Order of the Ministry of Transport of the Russian Federation No. 287 of September 28, 2015);
having a national driver's license for the right to drive category "D" cars (for citizens of the Russian Federation) or an international driver's license for the right to drive category "D" cars (for citizens of the Kyrgyz Republic, as well as citizens of states whose legislation establishes the use of Russian as the official language );

j) observe the specifics of the working hours and rest periods of drivers (Order of the Ministry of Transport of Russia No. 15 of August 20, 2004; Article 329 of the Labor Code of the Russian Federation);

k) implement the rules for ensuring the safety of transportation by road and urban ground electric transport, approved by the Ministry of Transport of the Russian Federation (Order of the Ministry of Transport of the Russian Federation No. 7 dated January 15, 2014):

instructing the licensee bus driver;
planning measures to prevent road accidents;
analysis of road accidents involving licensee buses;
analysis, recording and storage of requests from citizens and organizations about violations of traffic rules by drivers;

l) conduct internships for bus drivers (Order of the Ministry of Transport of the Russian Federation No. 59 dated March 11, 2016, Article 328 of the Labor Code of the Russian Federation);

See also: Responsible for road safety (continued)

m) ensure that pre-trip (post-trip) medical examinations of drivers are carried out in the manner approved by the Ministry of Health of the Russian Federation (Order of the Ministry of Health of the Russian Federation No. 835n dated December 15, 2014).

ADDITIONAL LICENSE REQUIREMENTS FOR ORGANIZED TRANSPORTATION OF GROUPS OF CHILDREN:

1) Use the bus:

not older than 10 years (not applicable until 06/30/2021);
conforming in purpose and design to the technical requirements for passenger transportation;
admitted in accordance with the established procedure to participate in road traffic;
equipped with a tachograph and GLONASS equipment;
equipped with a yellow or orange beacon.

2) Comply with the requirements for banning bus traffic at night (from 23:00 to 6:00). With the exception of:

movement to and from railway stations, airports;
completion of transportation (movement to the final destination or place of overnight stay) in case of an unplanned delay;
transportation is carried out on the basis of a legal act of the highest executive bodies of state power.

Under the above circumstances, you can move no more than 100 km!

3) ensure that a group of children is accompanied by a medical worker (for intercity transportation lasting more than 12 hours by three or more buses);

4) The bus driver has:

a document containing information about the medical worker (last name, first name, patronymic, position);
copies of a license to carry out medical activities OR a copy of an agreement with a legal entity or individual entrepreneur who has the appropriate license (for intercity transportation lasting more than 12 hours by 3 or more buses);

5) The driver has a copy of the decision to assign escort to traffic police buses (when transported by 3 or more buses) OR a copy of the notification about the organized transportation of a group of children (when transported by 1 - 2 buses);

6) Ensure the numbering of buses and the appointment of a senior person responsible for the organized transportation of a group of children and coordination of the actions of drivers and those responsible for buses (for transportation by 2 or more buses);

7) Ensure that each bus has sets of food products (dry rations, bottled water) from the assortment established by Rospotrebnadzor (children are on the route according to the schedule for more than 3 hours).

Gross violations of licensing requirements

Violation of licensing requirements "a" ; "d" ; "z" ; "And" ; "To" ; “n” is considered rude if this violation entailed:

the emergence of a threat of harm to the life and health of citizens, harm to animals, plants, and the environment;
human sacrifices;
causing serious harm to the health of citizens;
causing moderate harm to the health of two or more citizens;
causing harm to animals, plants, the environment, damaging the rights and legitimate interests of citizens.

Administrative responsibility of licensees

Article 14.1.2. Code of Administrative Offenses of the Russian Federation “Carrying out business activities in the field of transport without a license”

Part 1. Carrying out business activities in the field of transport without a license - entails the imposition of an administrative fine:

for citizens and officials – 50,000 rubles;
for individual entrepreneurs – 100,000 rubles;
for legal entities – 400,000 rubles.

Part 2. Repeated implementation of entrepreneurial activity in the field of transport without a license within a year - entails the imposition of an administrative fine:

for citizens in the amount of 50,000 rubles. with confiscation of the vehicle;
for officials – 50,000 rubles;
for individual entrepreneurs – 100,000 rubles. with confiscation of the vehicle;
for legal entities – 400,000 rubles. with confiscation of the vehicle or administrative suspension of activities for up to 90 days.

Part 3. Carrying out business activities in the field of transport in violation of the conditions provided for by the license - entails a warning or a fine:

for officials and individual entrepreneurs – 20,000 rubles;
for legal entities – 100,000 rubles.

Part 4. Carrying out business activities in the field of transport with a gross violation of the conditions provided for by the license - entails the imposition of an administrative fine:

for officials and individual entrepreneurs – 75,000 rubles;
for legal entities – 200,000 rubles. or administrative suspension of activities for up to 90 days.

For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities.

See also: Termination of state registration and removal of a vehicle from state registration

Article 19.20. Code of Administrative Offenses of the Russian Federation “Carrying out activities not related to profit-making without special permission (license)”

Part 1. Carrying out activities not related to profit-making without a license - entails a warning or a fine:

for citizens in the amount of 500 to 1000 rubles;
for officials - from 30,000 to 50,000 rubles. or disqualification for a period of 1 to 3 years;
for persons carrying out entrepreneurial activities without forming a legal entity - from 30,000 to 40,000 rubles. or administrative suspension of activities for up to 90 days;
for legal entities - from 170,000 to 250,000 rubles. or administrative suspension of activities for up to 90 days.

Part 2. Carrying out activities not related to making a profit in violation of the requirements and conditions of the license entails a warning or the imposition of an administrative fine:

for citizens in the amount of 300 to 500 rubles;
for officials - from 15,000 to 25,000 rubles;
for persons carrying out entrepreneurial activities without forming a legal entity - from 5,000 to 10,000 rubles;
for legal entities - from 100,000 to 150,000 rubles.

Part 3. Carrying out activities not related to making a profit in gross violation of the requirements or conditions of the license - entails the imposition of an administrative fine:

for officials in the amount of 20,000 to 30,000 rubles;
for persons carrying out entrepreneurial activities without forming a legal entity - from 10,000 to 20,000 rubles. or administrative suspension of activities for up to 90 days;
for legal entities - from 150,000 to 250,000 rubles. or administrative suspension of activities for up to 90 days.

We remind you that on the website, in the “Road Traffic Safety Documents” section, you can find samples of documents necessary for organizing work on road safety.

You can also purchase a ready-made package of documents for organizing work on road safety on the website www.trans-otdel.ru. The cost of the package is 2500 rubles.

All documents are presented in Word and Excel format. In order to receive all the listed documents, just write to the email indicated in the “Contacts” , and you will be contacted within a day. Documents will be sent electronically to the email address you provided after confirmation of payment.

Head of the Transport Department Zuev Seraphim