Why were such amendments needed?
In accordance with Federal Law No. 99-FZ dated 04.05.2011, activities for the regular transportation of passengers by road transport equipped for the transport of more than eight people are subject to licensing.
However, Federal Law No. 294-FZ of December 26, 2008, before the introduction of amendments, established that if transportation was carried out by order, then a license was not required, and the start of business activity was of a notification nature. This was taken advantage of by carriers who, in order to avoid fulfilling the licensing requirements provided for by the Licensing Regulations, carried out, in fact, regular transportation under the guise of registered ones.
At the same time, the established rules of passenger transportation and the requirements for ensuring the safety of passengers were ignored - regular technical inspection of the vehicle and medical examination of the driver were not carried out, waybills and charter agreements were not drawn up. Identifying such carriers and drawing up appropriate protocols on administrative offenses also caused serious difficulties: to carry out an inspection, the simultaneous participation of representatives of the traffic police and Rostransnadzor is required.
As a result, the number of accidents in the transport of passengers by road has sharply increased, many of which resulted in death and serious damage to the health of citizens.
The amendments were adopted with the aim of regulating the mechanism for checking carriers, eliminating loopholes for unscrupulous market representatives and, ultimately, improving road safety.
When is a license to transport passengers required?
Licensing implies the need to improve the qualifications of employees, as well as the implementation of all required work and supervision related to the technical operation of transport. All requirements must be met. Control is carried out by Rostransnadzor.
There are a number of requirements for passenger transportation:
- professional driver training;
- the need for work experience and qualifications;
- recertification and medical examination of drivers on an ongoing basis.
A license must be obtained for passenger transportation of any format on commercial, municipal, intercity or suburban routes.
It turns out that transportation of tourists, passengers or employees with more than 8 persons must have permits for such a procedure.
Sample license for transporting passengers
Important! Licensing is not required if the number of citizens transported is equal to or less than 8, as well as for special events and charters.
In this case, the trucking company must enter into a charter agreement and notify the regulatory authority about it.
Taxis also use their own type of licensing. Only persons with three years of domestic experience can be assigned to international transport.
How to obtain a taxi license
Due to the fact that a vehicle license for taxi driving is not issued to individuals, the driver must register as a business entity. This can be an individual entrepreneur or an LLC, but the first option has priority due to the smaller number of documents collected and the possibility of switching to the simplified tax system.
To register an individual entrepreneur, you should contact the Federal Tax Service at your place of registration. The package of documents includes:
- application of the established form;
- a copy of the civil passport (all completed pages);
- copy of TIN;
- receipt of payment of state duty (800 rubles).
If the owner of the car is not a citizen of the Russian Federation, but he needs a transport license to operate a taxi, then to register an individual entrepreneur he must submit to the tax office:
- statement;
- identification;
- birth certificate;
- a certificate indicating the registered place of residence in Russia;
- receipt of payment of state duty.
Documents can be submitted in person, by mail or through the State Services portal. The registration procedure takes five working days. At the same time, you must register in the taxpayer’s account. This will allow the entrepreneur to keep records and submit reports on his activities online.
Upon completion of the registration procedure, the entrepreneur receives a certificate of registration of individual entrepreneurs and an extract from the Unified State Register of Individual Entrepreneurs. From this moment on, he is obliged to keep records of income and pay taxes:
- contributions to the Pension Fund;
- transport tax;
- tax on imputed income.
Having received the status of an individual entrepreneur, you can submit an application to the authorized regional executive body. For example, to obtain a license for a car in Moscow, you should contact the Department of Transport, and in the Moscow Region - the Ministry of Transport. Documents can be submitted in person or through the government services portal uslugi.mosreg.ru.
An individual entrepreneur must provide:
- Application for a license. It is drawn up in free form, but to avoid difficulties, it is better to use the template available in the authority where the taxi license is issued.
- A copy of your passport.
- A copy of the document confirming state registration of the vehicle that will be used to transport passengers.
- A copy of the document confirming the ownership of the vehicle. If the owner is another person, you must provide a power of attorney for the car, a rental or leasing agreement.
- Extract from the Unified State Register of Individual Entrepreneurs.
- Certificate of payment of state duty.
Required documents for a taxi when submitting an application on behalf of a legal entity:
- a notarized copy of the certificate of state registration of the legal entity (OGRN);
- a copy of the certificate of registration with the tax office (TIN);
- a notarized copy of the organization's charter;
- a copy of the LLC's constituent agreement;
- a copy of the protocol or decision on the creation of an LLC;
- a copy of the protocol on the election of the head of the LLC;
- a copy of the order on the manager’s assumption of office;
- a copy of an extract from the Unified State Register of Legal Entities;
- documents confirming the ownership of the LLC's vehicles (copies of vehicle passports, registration certificates, leasing agreements);
- a copy of the contract for medical care for taxi drivers before the trip;
- copies of driver's licenses.
Since a taxi license is not issued without opening an individual entrepreneur or LLC , the only legal way for private car owners to engage in transportation is to conclude an employment contract with a company engaged in passenger transportation. In this case, the driver receives a regular job on a schedule and with a certain salary.
An entrepreneur may be denied a taxi license if an individual entrepreneur has already been opened in his name for any other type of activity.
Licensing taxi drivers not only allows you to work honestly and calmly, but also provides the following bonuses:
- The ability to drive in big cities on dedicated lanes, which helps to quickly fulfill orders.
- The ability to connect in Moscow and other large cities to such popular services as Yandex.Taxi or Citymobil, which is convenient and profitable.
New rules for obtaining a license to transport passengers and other persons by bus from January 1, 2021
Hello colleagues.
On January 1, 2021, Decree of the Government of the Russian Federation of October 7, 2021 No. 1616 “On licensing activities for the transportation of passengers and other persons by buses” comes into force, which approves a new Regulation on licensing activities for the transportation of passengers and other persons by buses. This resolution will replace the current Resolution of the Government of the Russian Federation of February 27, 2021 No. 195 “On licensing activities for the transportation of passengers and other persons by buses.”
The name of the new document remains the same, however, there are a number of significant changes. We'll look at some of them below.
Submitting documents electronically
From January 1, 2021, in order to obtain a license to carry out activities for transporting passengers and other persons by buses, it is necessary to submit documents electronically. This is stated in paragraph 6 of the Regulations:
- 6. To obtain a license, the license applicant sends to the licensing authority in the form of electronic documents (a package of electronic documents) an application for the grant of a license, provided for in Part 1 of Article 13 of the Federal Law “On Licensing of Certain Types of Activities”, in the manner established by the legislation of the Russian Federation on the organization of granting state and municipal services, and the following documents attached to it...
But they also left the opportunity to submit documents in other ways. This is stated in paragraph 7 of the Regulations:
- 7. The application for a license and the documents attached to it, provided for in paragraph 6 of these Regulations, the license applicant has the right to submit to the licensing authority or multifunctional center for the provision of state and municipal services , if the corresponding service is provided through multifunctional centers for the provision of state and municipal services, on paper or send by registered mail with return receipt requested.
Thus, from January 1, 2021, the following methods of submitting documents for obtaining a license will be available:
- to the licensing authority in the form of electronic documents;
- to the licensing authority on paper;
- MFC on paper;
- MFC on paper by registered mail.
See also: Categories and subcategories of driver's licenses
The list of documents remains unchanged:
- statement;
- a copy of the order appointing someone responsible for ensuring road safety;
- a copy of the agreement with a medical organization or with an individual entrepreneur licensed to carry out medical activities for pre-trip and post-trip medical examinations;
- a copy of the STS of the buses, and if the buses are not the property of the license applicant, a copy of the document confirming the legal basis of ownership of the buses;
- list of attached documents.
At the same time, according to paragraph 6 of the Regulations, it is not required to confirm the certification of the person responsible for road safety, or the availability of a license to conduct medical examinations. The licensing authority itself verifies the availability of certification and license:
- If the license applicant is responsible for ensuring road safety and has passed the certification for the right to engage in relevant activities in accordance with the procedure established by the Ministry of Transport of the Russian Federation in accordance with Article 20 of the Federal Law “On Road Safety”, and (or) has a license to medical activities in relation to work (services) for medical examinations (pre-trip, post-trip), checking the availability of documents confirming the presence of such certification and (or) license is carried out by the licensing authority without the license applicant submitting copies of documents confirming the presence of such certification and (or) license .
Changing information about buses in the license register
From January 1, 2021, a new clause was added to the Licensing Regulations - changing information about the bus. This is stated in paragraph 13 of the Regulations:
- 13. In the event of a change in information about the bus indicated in the register of licenses (change in the state registration number of the bus , change in the validity period of the bus rental (leasing) agreement, entry of the licensee into the rights of ownership of the bus , including on the basis of a lease agreement concluded with another licensee, who, in accordance with the information included in the register of licenses, owns this bus), the licensee submits to the licensing authority an application to change the information about the bus, attaching documents confirming such changes, including the right to own the bus. The application for changing information about the bus shall indicate:
- a) name of the licensee (name of the legal entity, surname, first name and patronymic (if any) of the individual entrepreneur);
- b) taxpayer identification number;
- c) number and date of issue (day, month, year) of the license;
- d) information about the bus included in the license register that is subject to change;
- e) the method of sending information to the licensee about decisions made by the licensing authority.
Information about the bus in the register must be changed within 1 working day:
- 17. Within a period not exceeding one working day from the date of receipt of the application and documents attached to them provided for in paragraph 13 of these Regulations, the licensing authority checks the completeness and accuracy of the information contained in the specified application and documents and makes a decision to satisfy the relevant application or to refuse his satisfaction.
See also: Internal investigation of a traffic accident
This resolution comes into force on January 1, 2021 and is valid until January 1, 2027.
On the website, in the “Road Traffic Safety Documents” section, you can find samples of documents necessary for organizing work on road safety.
If you do not have time to compile documentation and search for it on the Internet, or you are not entirely competent in this matter, then on the website you can purchase a ready-made package of documents for organizing work on road safety. The cost of the package is 2500 rubles. Or we will develop from scratch all the documentation necessary to ensure road safety in your organization. The cost of the service is from 10,000 rubles.
All documents are presented electronically in Microsoft Word and Microsoft Excel formats with the ability to edit. In order to receive documents, just write to the email address [email protected] 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
Where to apply for a license to transport passengers
The permit is issued for 5 years.
This process is carried out by the Federal Supervision Service, that is, Rostransnadzor. A regional department of this type is the Department of State Traffic Safety Inspectorate. The organization considers the application within 30-45 days. Read also: Arms Law 2021
If the permit is expiring, the application must be submitted at least 10 days before the permit expires. For issuance, the standard procedure is used with the same deadline that was established before.
Important! The loss of a document means the need to obtain a duplicate issued by the same department in which the registration was made.
All necessary information can be obtained on the State Services website.
License for bus transportation of passengers: what services do our lawyers provide
- Meeting with a legal adviser in an office or enterprise, discussing the following issues: the procedure for obtaining permission to transport passengers, collecting documentation, submitting papers and paying state fees;
- Additional specialist services related to opening an LLC or individual entrepreneur, developing constituent documentation;
- Assistance of a lawyer in approving the final list of documents, collecting a package of documents, submitting papers to Rostransnadzor;
- Maintaining document flow with the licensing structure: sending letters and requests, generating responses, sending additional papers;
- Assistance from a lawyer in formalizing labor relations with personnel and in the preparation of internal documentation of the enterprise;
- Preparation of the company’s papers for inspection by the supervisory service during the consideration of the application for a license;
- Assistance of a specialist in the preparation of documents for approval of the register of vehicles;
- The work of a lawyer in notifying regulatory agencies about the exclusion or addition of vehicles to the register;
- Protection of the rights and interests of the principal in law enforcement agencies in administrative cases;
- Challenging in court the decision to bring the client to administrative liability;
- Filing a lawsuit in connection with an appeal against the amount of penalties for violating the licensing procedure;
- Assistance from a lawyer in protecting the rights and interests of legal entities and individual entrepreneurs in the event of suspension of the enterprise’s activities.
How to add an additional bus to a license?
When purchasing or entering a new bus into the fleet, it will need to be included in the register. For this purpose, the following papers are prepared and submitted to Rostransnadzor:
- statement;
- a certified copy of the vehicle registration certificate;
- a document that confirms the ownership or lease of a vehicle.
Read also: Law on social networks in 2021
The application includes all data, including TIN and license information. You will also need to enter the registration plate of the bus and how to receive a response. The response can be received in person or to the specified email address, in particular email.
An additional vehicle is entered within three working days from the date of submission of the prepared papers and certificates.
The same procedure is necessary when changing the vehicle number. In this case, the documents will be a notification and a certificate that confirms the change in the registration number.
How to exclude a bus from the register?
When a vehicle is sold or sent for long-term repairs, the bus is excluded from the register. At the same time, the new owner cannot add the vehicle to his register unless it is removed from it by the old owner. To remove a vehicle from the list, you will need to correctly fill out an application indicating all the information on the license and the bus. The exclusion process takes no more than 3 business days.