What will happen if there is no license for a taxi. How to deal with illegal taxis

According to the requirements of the Russian federal legislation, passenger transportation can be performed only by private or legal entities who have received the appropriate. Such measures are aimed at improving the quality of passenger services, ensuring the proper technical condition of vehicles and preventing accidents. If passengers are transported without a license, this violation is punishable by a fine and even confiscation of a car.

Any organization, both private and state, must have a license for this type of activity to carry out passenger transportation. As for ordinary citizens, they can only get a license to carry out carriage on a car - a taxi. Each applicant organization before obtaining a license - it is performed by the Federal Service for Supervision in the Field of Transport. If the statutory requirements are not met, a license may be refused.

If the license is successfully obtained, the legal entity has new obligations:

1. Passing regular inspections confirming the possibility to continue activities in the field of passenger traffic.
2. Fulfillment of all mandatory requirements for the organization and execution of transportation for any transport (licenses are issued not only for road transport, but also for water and rail transportation).

As mentioned above, the authorized Federal Service is responsible for the verification of activities. Control of carriers can be planned and unscheduled. The first is held every two years (but not more often), the second - when serious violations are detected. As a rule, unscheduled inspections are carried out promptly - already within a few days after the violation is detected. Additional control is exercised by other state structures - the State Traffic Inspectorate, customs, etc.

Depending on the severity and circumstances of the detected, the carrier company may incur administrative liability in the form of a fine. It is also possible to revoke a license, after which the implementation of passenger traffic will be impossible for the company.

How to avoid liability for passenger transport without a license?

To answer this question, first of all it is necessary to figure out what is legally considered to be passenger traffic. There are three factors indicating the need for a license:

• In the bus or minibus transported more than 8 people. Naturally, the vehicle must be designed for such a number of passengers.
• The vehicle is used for commercial purposes. If the purpose of use is personal or organizational (for example, the company organizes official transportation to the place of work for employees), a license is not required.
• Transportation is carried out on a specific route (except when it comes to custom services).

For rail, water or air transport license is required in all cases. If the authorized services found a violation, and the carrier’s activities are not related to any of the above items, it will not be possible to avoid liability.

The driver, the organization, as well as those responsible for the carriage may be punished. If a repeated violation is found, the punishment will not be limited to a fine - by law, the state has the right to confiscate the vehicle.

Fines for passenger transportation without a license

Penalties for violation of legislation on passenger traffic are quite high. For a private or an official (who allowed the carriage) - 50 thousand rubles, for - 100 thousand, for an organization - 400 thousand. These penalties also apply to taxi drivers.

Repeated violation may lead to temporary restrictions on the activities of the transport organization, as well as to the confiscation of the subject of the offense - the vehicle. The only way to avoid punishment is to prove in a court of law that there was no violation, since passenger transportation performed by law is possible without licensing.

Additional penalties apply to taxi companies and to individuals engaged in passenger transportation in a passenger car. The penalty can be applied in the following cases:

1. In the cabin there is no information about the rules of the carrier, about the transport services.
2. The passenger is not provided with a document (check) confirming payment for the service.
3. On the car there is no designation "taxi".

As in other cases, the punishment is borne not only by the driver, but also by the transport company, as well as officials.

Passenger transportation

To perform custom passenger transport, it is necessary that this type of activity is appropriate. The basis is the chartering contract - it is issued either as a purchase order or in writing in free form. The essence of chartering is that the car itself remains in the possession of the owner, while the charterer only receives the capacity of the vehicle. This capacity can be used both for cargo transportation and for passenger transportation.

The contract specifies the list of persons who will be transported on request. If there is no such list (that is, the transportation of an indefinite number of persons is carried out), the collection of passenger fees is not allowed. On the transport vehicle must be placed signs with the words "Custom".

Despite the fact that a license is not required for customized passenger traffic, in some cases penalties may be applied:

• Absence enclosed in writing (i.e., if it has not been drawn up at all in this way).
• The driver does not have a contract with him.
• Charging passengers if it is not provided by the contract.
• The admission of passengers who are not listed.
• The admission of passengers who do not have the necessary documents for the trip.

Custom transportation is one of the few options for passenger transportation that does not require a license. The main thing is to strictly comply with all statutory rules for this category of services.

Obtaining a license for passenger transportation

To obtain a license, you must apply to Rostransnadzor - this is the agency responsible for licensing transport activities. It should be preliminary and prepare a statement in accordance with the established form. It should be noted that for individuals and organizations the application form is different. The application is considered in a period not exceeding 45 days.

To obtain a license, an organization must comply with a number of statutory requirements - a medical examination of drivers, the availability of vehicles suitable for passenger transport, and vehicle tolerances for road traffic.

If the requirements for the organization and implementation of passenger traffic are met, the license will be valid indefinitely. In some cases it may be necessary to reissue:

• changed the type of transport activities
• organization changed legal address, changed name
• changed the organizational form of the company

Having a license and strict compliance with the rules of passenger traffic is a guarantee that the driver, organization or responsible persons will not be involved with. Given the high penalties for shipments without a license, it will be much cheaper to prepare for licensing and pass it.

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Passenger traffic is regulated simultaneously by several federal laws of the Russian Federation. In addition, in some regions there are additional restrictions, one way or another connected with passenger traffic. The illegal carriage of passengers is a serious offense, and in some cases a crime.

The basic document regulating including passenger transportation on the territory of Russia is the Federal Law "On Road Safety". Thus, according to the law, the responsibility for the illegal transportation of passengers occurs in the event of violation of the rules of the charter of automobile and urban land electric transport.
  For regular shipments
  - Lack of or non-compliance with the route schedule.
  - The discrepancy between stops of transport and accepted norms.
  - Lack of vehicle symbol.
  - Lack of contact details, route map.
  - Late notification of changes to the schedule or route.
  - The implementation of the transport of passengers without a ticket.

For "custom-made" passenger transportation, first of all, it is necessary to have a chartering agreement concluded with the consent of the legal entity offering the service and the employer. For passenger transportation of passenger taxis on legal grounds, in addition to the license, it is necessary to register any order in the logbook. Unregistered order for licensed taxis is the illegal transportation of passengers, punishable by a fine. The maximum penalty for illegal transportation of passengers may be unacceptably large, even for legal entities.

Violations related to the illegal commercial activities of a transport company:
  Doing business without permission is treated as illegal business for the transport of passengers and in some cases may lead to criminal prosecution. In order to begin the paperwork on this article, it is enough to make a written statement in the form. In addition, illegal entrepreneurship in itself, as a rule, implies a violation of several more laws of the Criminal Code of the Russian Federation. Such as, for example, tax evasion.

Violations related to the driver’s lack of proper qualification / ignoring traffic rules:
  Entrepreneurs should pay particular attention to the list of documents required for the driver of a passenger vehicle. The driver must have all the necessary documents for work in the Russian Federation and a driver's license of the relevant category. Gross violations of traffic rules by the driver of a passenger vehicle may serve as a reason to start proceedings against a legal entity (transport company). Nor should we forget about the “pre-trip examinations of drivers”.

Violations related to technical malfunction of the vehicle or its unsuitability for passenger transport:

The use of a vehicle that is somehow unsuitable for the carriage of passengers is also interpreted as carrying out illegal passenger traffic. At the same time, we are talking not only about faulty / not passing technical inspection / transport that does not meet safety standards, but also about good transport, but not for passenger traffic.

Alexander Gaganov - expert of the Center for Scientific Political Thought and Ideology, Ph.D.

Article Gaganov A.A. “Legal aspects of countering the illegal transportation of passengers and baggage by passenger vehicles. Some issues of legal regulation of passenger taxi transport ”was published in the journal“ Administrative and municipal law ”, 2015, No. 3. P. 256 - 262. References to the legislation are given as of the end of 2014.

Fighting illegal transport  in major cities of Russia led to the adoption of a number of special regulatory legal acts in this area, including the introduction of amendments to the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Administrative Code of the Russian Federation). However, the lack of clarity in the definition of the concept of passenger taxi transport, the lack of a uniform judicial practice raises questions in the delimitation of the elements of administrative offenses in the field of transport (Chapter 11 of the Administrative Code of the Russian Federation), traffic (Chapter 12) and entrepreneurial activity (Chapter 14). The Federal Law of April 21, 2011 No. 69-ФЗ “On Amendments to Certain Legislative Acts of the Russian Federation”, the so-called law on taxis, has a complex structure and several items of regulation, which significantly complicates its application.
In this article, we will consider the composition of administrative offenses related to the transport of passenger taxis, highlight some of the problems of delimitation of structures and bringing to administrative responsibility for the relevant offenses and suggest ways to solve them.

FOR WHAT IS THE LEGAL TAXIST ANSWERED, AND FOR WHAT - ILLEGAL?

Administrative offenses providing for the responsibility of drivers of passenger taxis, as well as individual entrepreneurs and legal entities engaged in the carriage of passengers and luggage of passenger taxis are enshrined in Chapter 11 of the Administrative Code of the Russian Federation (offenses in transport) and Chapter 12 of the Administrative Code of the Russian Federation (offenses in the field of road traffic) .

Chapter 12 of the Code on Administrative Offenses of the Russian Federation provides for five articles related to passenger taxis. However, only two of them establish the responsibility of a special subject - the driver of a passenger taxi (who received the appropriate permission to transport). These are such compositions as the management of passenger taxis that did not pass the technical inspection (part 2 of article 12.1 of the Administrative Code of the Russian Federation), and the transportation of passengers and luggage by a driver who does not have permission to carry out activities on the transport of passengers and luggage by passenger taxis (part 2.1 Article 12.3 of the Administrative Code).

The second group of trains of chapter 12 provides for liability for the unlawful use of signs of differences for a passenger taxi: illegal installation of an identification lamp of a passenger taxi on a vehicle (part 2 of article 12.4 of the Administrative Code of the Russian Federation); Illegal drawing on the exterior surfaces of the vehicle of the color chart of the passenger taxi (part 3 of article 12.4 of the Administrative Code of the Russian Federation). These actions are illegal if the vehicle does not have permission to use it as a passenger taxi. For these two compositions, a fine is provided for both citizens and officials and legal entities.

Two more structures in this group of offenses provide for the prohibition of the operation of the vehicle and the imposition of a fine on the driver: driving a vehicle on which the identification lamp of a passenger taxi is illegally installed (part 4.1 of Article 12.5 of the Administrative Code of the Russian Federation); driving a vehicle on which the color graphic scheme of a passenger taxi is illegally applied (part 7, article 12.5).

The third group of trains (Article 12.31.1 of the Administrative Code of the Russian Federation) provides for liability for violating the requirements for ensuring the safety of passenger and baggage transportation by road (including a passenger taxi): violation of professional and qualification requirements for drivers of a passenger taxi (a fine is imposed on officials and legal entities ); violation of requirements for pre-trip and post-flight medical examinations of drivers; violation of the requirements for pre-trip control of the technical condition of the vehicle (the penalty is established both for citizens and for officials and legal entities).

Chapter 11 of the Code on Administrative Offenses of the Russian Federation provides for one article concerning the violation of the rules for transporting passengers and luggage by passenger taxis (Article 11.14.1 of the Code on Administrative Offenses). This article was introduced by Federal Law No. 69-ФЗ dated April 21, 2011 and provides for administrative liability for violation of the requirements for passenger and luggage car transportation established by the Federal Law, as well as the Rules for the transport of passengers and luggage by road and city ground electric transport, approved Resolution of the Government of the Russian Federation of February 14, 2009 No. 112 (hereinafter referred to as the Rules of transportation). In particular, an administrative fine is imposed on the driver, official or legal entity for the following offenses: the lack of information in the passenger taxi cabin provided by the Rules of Transportation; non-issuance of a cash receipt or receipt in the form of a strict reporting form to the passenger; the absence of a vehicle used to provide services for the transport of passengers and baggage, color scheme of passenger taxi and (or) identification lantern on the roof of the vehicle.

TO illegal cart  Article 14.1 of the Code on Administrative Offenses of the Russian Federation may also be applicable, providing for the responsibility of a citizen for carrying out business activities without state registration or without special permission (license).

Based on the distribution of trains according to the heads of the Administrative Code of the Russian Federation, it can be assumed that the objects of offenses committed by drivers of passenger taxis may be: transport regulations, road safety. Drivers engaged in private cabs without permission, can commit offenses in the field of traffic and business.

It is noteworthy that some circumstances are reflected in both Chapter 11 and Chapter 12 of the Code on Administrative Offenses of the Russian Federation. Thus, the requirement to install an identification flashlight on the roof of a passenger taxi and to apply a special color scheme on the side surfaces of a passenger taxi is established by Federal Law No. 69-FZ of April 21, 2011 and the Traffic Regulations. This requirement is justified by federal law, including the purpose of ensuring the safety of passengers. Therefore, responsibility for violation of this requirement is set out in Chapter 11 of the Code on Administrative Offenses of the Russian Federation in a special article on violation of the rules for the carriage of passengers and baggage by passenger taxi (Article 11.14.1): this refers to the situation when the vehicle is used as passenger taxi, however, does not have mandatory identification marks.

In Chapter 12, this circumstance is considered in a situation when the “insignia” of a passenger taxi is illegally applied to a vehicle: if the vehicle is not given permission to carry passengers and baggage. In this case, responsibility is incurred both for the illegal application of a color chart and the installation of an identification flashlight, and for driving a vehicle with illegal “insignia”. The latter action constitutes an independent offense, because the operation of such a vehicle is prohibited.

It is noteworthy that Article 11.14.1 lacks administrative responsibility for violation of the requirement of compliance with the established body color schemes, if such a requirement is established by the laws of the constituent entities of the Federation. Apparently, this is due to the fact that in such cases responsibility may be provided for by the law of the respective subject of the Federation. It can be assumed that if the law of the constituent entity of the Russian Federation establishes the obligatory color scheme of the body of a passenger taxi, then the subordinate acts of the constituent entity of the Russian Federation (administrative regulations or the procedure for issuing permits for transportation) will contain a provision on the consequences of non-compliance with this requirement permits for vehicles of inappropriate color). Thus, the Law of the city of Moscow of June 11, 2008 No. 22 “On a passenger taxi in the city of Moscow” introduced the requirement of a yellow color scheme for a body of a passenger taxi (Article 2.1, introduced by the law of the city of Moscow of May 22, 2013 No. 24). According to clause 2.8.1 of the Resolution of the Government of Moscow dated June 28, 2011 No. 278-PP “On measures to implement the Federal Law of April 21, 2011 No. 69-FZ“ On Amendments to Certain Legislative Acts of the Russian Federation ”discrepancy between the color of the vehicle body are grounds for refusing to accept documents. This means that in Moscow there can not be taxis of any other color than yellow (unless the permission for the carting was obtained until 2013).

Chapter 12 includes an article on violations of security requirements for the transport of passengers and baggage, goods by road and city ground electric transport (Article 12.31.1 of the Administrative Code of the Russian Federation), which undoubtedly applies to passenger taxi as a type of road transport. Requirements for the qualifications of taxi drivers, for conducting pre-flight medical examinations and monitoring the technical condition of passenger taxis before being sent to the line are established by Federal Law of April 21, 2011 No. 69-ФЗ. The general requirement of the need for pre-trip medical and technical examinations is established by Federal Law of December 10, 1995 No. 196-FZ "On Road Traffic Safety" (Article 20). Considering that compliance with or non-compliance with these requirements directly affects road safety, the inclusion of the relevant article in Chapter 12 of the Administrative Code of the Russian Federation is justified.

IS THERE AN EFFECT OF TAXI LAW?

How legal measures are taken to legally facilitate or not to counteractillegal cart?

Consider the definition of the concept "taxi" introduced in regulatory legal acts. Federal Law of April 21, 2011 No. 69-ФЗ, although informally called the law on taxis, does not contain a definition of the concept of a taxi. There is no definition of the concept of a taxi in other federal laws. The concept of "passenger taxi" is enshrined in the Rules of transportation (paragraph 2), approved by a decree of the Government of the Russian Federation, that is, a sub-legal act. A passenger taxi means a vehicle of category “M1” used for the carriage of passengers and baggage in accordance with a public chartering agreement.

In the Law of the city of Moscow of June 11, 2008 No. 22 “On a passenger taxi in the city of Moscow”, another definition of the concept “passenger taxi” is given: these are cars intended for taxi traffic (Part 1 of Article 1). In accordance with the Law, taxi transportation is an activity for the transport of passengers and their baggage by passenger taxi. It is not difficult to understand that these definitions are essentially not as such due to the presence of a logical error - a circle in the definition.

Against the background of the Moscow definition of the concept of a passenger taxi, the federal definition looks more understandable and correct. Although in our opinion, the definition of the term “taxi” should include the signs arising from the semantic meaning of the word “taxi”, namely, the use of a tax (a fixed price) for a certain time or distance of travel, or a fixed tax as a determining factor the cost of the trip. It is also important that this fee is established by the carrier, not the state.

At the heart of the definition of the concept of a passenger taxi is a public chartering agreement. Article 787 of the Civil Code of the Russian Federation (part two) is devoted to the chartering contract: under the chartering contract (charter), one party (charterer) undertakes to provide the other party (charterer) for a fee with all or part of one or more vehicles for one or more flights for the carriage of goods , passengers and baggage. This contract applies to contracts of carriage (Chapter 40 of part two of the Civil Code of the Russian Federation). Article 787 of the Civil Code of the Russian Federation contains a reference to the transport charters determining the procedure for concluding such contracts. This procedure is enshrined in Chapter 5 of the Federal Law of November 8, 2007 No. 259-ФЗ “Charter of Automobile Transport and Urban Ground Electric Transport”.

An important characteristic of a charter contract for carriage of passenger taxis is its publicity. Features of the public contract established by article 426 of the Civil Code of the Russian Federation. A public contract is a contract concluded by a commercial organization and establishing its obligations to provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it. The price of services, as well as other conditions of a public contract are set the same for all consumers. The refusal of a commercial organization to conclude a public contract in the presence of the opportunity to provide the consumer with the relevant services is not allowed.

It is the publicity of the chartering agreement that distinguishes a passenger taxi from an illegal cab. It is clear that when passengers are transported by a driver who does not have the appropriate permission, the contract is also concluded, as a rule, orally. However, such a driver has the right to decide for himself with whom he will enter into a contract, and whom he will refuse. The contract price is also determined by agreement of the parties, and any party can refuse to conclude a contract if the price is not satisfied.

On some websites, recommendations are given to drivers who transport passengers and baggage without permission, on how to avoid liability for illegal transport. In particular, it is proposed to conclude a written lease agreement for a vehicle with the crew. Under the lease (chartering) of a vehicle with crew, the lessor provides the tenant with a vehicle for a fee for temporary possession and use and provides its own management and technical maintenance services (Article 632 of the Civil Code of the Russian Federation).

In general terms, the lease agreement of the vehicle with the crew and the charter agreement differ in the subject matter of the contract. The subject of the lease agreement (including the chartering agreement for the time of the vehicle) is the provision of certain property (vehicle) for temporary possession and use of the tenant. The subject of the chartering (carriage) contract is the delivery of passengers, cargo, mail and baggage to the destination. Obviously, the main goal of the user of taxi services, legal or not, is one: to get oneself and one’s luggage from point A to point B. If there is a time for renting a car with a driver (of course, there are also such cases and, accordingly, contracts ), time is an essential condition of the contract and payment must depend on time. This type of contract should also be distinguished from the contract of carriage of passengers and baggage on request, which must also be in writing. The rules for the carriage of passengers and baggage on request are established by section III of the Transport Regulations. Responsibility for violation of these rules is provided for by Article 11.14.2 of the Administrative Code of the RF.

In our opinion, the conclusion of a written lease agreement for a vehicle with the crew when a passenger is transported by a driver without an appropriate permit may in some cases be regarded as a sham transaction (part 2 of article 170 of the Civil Code of the Russian Federation), that is, a deal that was made in order to cover another a deal. Such a transaction is void.

One way or another, the chartering agreement concluded during the carriage of passengers by passenger taxis can be replaced by custom-made transportation, or a vehicle lease agreement with the crew, or other contractual schemes. However, essentially no public chartering agreement is no longer a carriage contract entered into by passenger taxi. The question is, what kind of responsibility are trying to avoid those who invent treaties to cover illegal cabs.

At first glance, the answer is obvious: it is the responsibility provided for by part 2.1 of article 12.3 of the CAO RF. Part 2.1 of Article 12.3 of the Code on Administrative Offenses of the Russian Federation establishes a fine in the amount of 5,000 rubles for the carriage of passengers and baggage by a driver who does not have the appropriate permit. The amount of the fine is ten times higher than the sanctions for similar offenses, for example, if the driver forgot to take a license card, waybill, insurance policy, registration documents for a car, or even a driver's license. Moreover, there are proposals to increase the fine in part 2.1 of Article 12.3 of the Code on Administrative Offenses of the Russian Federation precisely in order to counteract illegal trucking (see Resolution of the International Eurasian Forum "Taxi", August 8-9, 2013, St. Petersburg). Both the increased amount of the fine and the proposals for its further increase in order to combat illegal carriage indicate that the legislator believes that this provision should be applied in the case of passenger transportation by passenger car, for which no corresponding permit has been obtained.

However, judicial practice is on a different path, and the fault is the imperfect wording of Part 2.1 of Article 12.3 of the Administrative Code of the RF. Thus, in the resolution of the Supreme Court of the Russian Federation dated October 23, 2013 No. 18-AD13-30, the composition of this offense is interpreted as follows: “The objective side of an administrative offense provided for in part 2.1 of article 12.3 of the Administrative Offenses Code of the Russian Federation, as follows from the literal interpretation of this provision is expressed in the carriage of passengers and baggage by a passenger vehicle used to provide services for the carriage of passengers and baggage by a driver who does not carry with him nnom order permission to operate passenger and baggage passenger taxi. " On this basis, the Court considers it obligatory for the correct qualification of the act to establish the fact of obtaining permission to carry out passenger and luggage transport activities by passenger taxis. In the case of non-receipt of such a permit, according to the court, the passenger and baggage transportation activity is qualified under paragraph 2 of Article 14.1 of the Administrative Code, which provides for responsibility for carrying out business activities without a special permit (license), if such permission (license) is obligatory (mandatory). In addition, part 1 of article 14.1 of the Code on Administrative Offenses of the Russian Federation may also be applicable in the case of business activities without state registration as an individual entrepreneur or legal entity. However, to be held accountable for these articles of the Code on Administrative Offenses of the Russian Federation, it will be necessary to prove that passenger transportation is systematic and has the goal of making a profit (in accordance with the definition of the concept of entrepreneurial activity described in part 1 of article 2 of the Civil Code of the Russian Federation).

HOW TO IMPROVE THE LAW?

An important issue is the achievement of the objectives of the legal regulation of the sphere of passenger and luggage transportation of passenger taxi. Established significant requirements for passenger taxis and increased responsibility for their violations. Perhaps some of the requirements and fines are even too high. All this, on the one hand, ensures the safety of passengers, who receive more guarantees to use quality transportation services - qualified drivers on serviceable vehicles. But on the other hand, it complicates the work of legal carriers and reduces its profitability. The strengthening of state regulation and control in the field of passenger taxis has already led to the exit from the market of many legal carriers. If the measures introduced by the state entail an increase in the costs of carriers, it is logical to assume that tariffs for the transport of passenger taxis will also increase. If at the same time the prices of illegal taxi drivers will remain lower, citizens will continue to use their services and will avoid legal taxis. At the moment, the goal of strengthening the legal regulation of passenger taxi transport has not been achieved (this is also stated in the Resolution of the International Eurasian Forum Taxi, August 8-9, 2013, St. Petersburg), and only by administrative measures to solve the problem of illegal carting, apparently, will not succeed.

Thus, the economic aspect in solving the problem illegal cart  it is necessary to take into account and comprehensively approach the issue of improving legislation in this area.

Legislative initiatives have already appeared that envisage economic methods for improving the position of legal taxis, as well as contributing to the “getting out of the shadow” of illegal carriers (for example, Bill No. 564236-5). Such measures, in particular, include: reducing the amount of contributions to the pension fund for individual entrepreneurs, tax benefits, introducing a system of working in a taxi for individuals without registering as an individual entrepreneur on the basis of a state patent, and others. Some of these measures will require expenditures from the federal budget.

If we talk about measures that do not require budget financing, including measures of a legal-technical nature, then to improve the legislation in the field of passenger taxi transport, as well as countering illegal cabs, we can offer the following.

1. Given the lack of comprehensive and consistent legal regulation of passenger passenger taxi transport, as well as the imperfection of the structure and content of the Federal Law of April 21, 2011 No. 69-FZ, we consider it necessary to adopt a new federal law with a clear subject to regulation - passenger taxis.

2. It is necessary to enshrine the concept of a “passenger taxi” in federal law, incorporating the specific distinctive characteristics of a taxi (principles for setting the price of a transportation contract).

3. It is necessary to specify the wording of part 2.1 of article 12.3 of the Code on Administrative Offenses of the Russian Federation in such a way that it is applicable to drivers who transport passengers and baggage and who have not received the appropriate permit.

4. It is necessary to make changes to Article 9 of the Federal Law of April 21, 2011 No. 69-ФЗ, providing for the right not only of employees of the State Traffic Safety Inspectorate, but also of all officials of the internal affairs bodies (police) to require the presentation of a permit for the carriage of passengers by passenger taxi. . It would be logical, because they are authorized to draw up protocols of administrative offenses, provided for by part 2.1 of article 12.3 and article 14.1 of the administrative code of the Russian Federation.

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