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In 2011, the Federal Law of April 21, 2011 N 69-FZ came into force, which became known to many under the name "Taxi Law". This act is not an independent new legislative document in the usual sense, but only amends existing regulations regarding the organization traffic and rules for the implementation of transportation by passenger taxis operating on the territory of all municipalities Russian Federation.
The main innovation introduced was the obligatory obtaining of permission to carry out transportation activities, popularly known as a license for passenger transportation, which, thanks to the introduced rules, can now be done using different algorithms - with registration as individual entrepreneur(hereinafter referred to as IP) or without IP at all, but on condition that you bind yourself by contractual legal relations with taxi services. Thus, the concept of a private taxi driver who is engaged in independent transportation completely disappears, since it is assumed that there is a taxi license, even without opening an IP, obtained for a specific car.
How to get a license for educational activities:
To obtain a taxi license without registering an individual entrepreneur, one way or another, you will have to contact already registered individual entrepreneurs or legal entities, since, according to Law N 69-FZ, only registered entrepreneurs can issue a taxi permit. In the second option, you can apply at your choice:
Another way is to register your own IP in order to work as a taxi only for yourself. In this case, firstly, you will need to register as an entrepreneur by submitting an application and selecting the appropriate OKVED. In addition, of course, you will need at least one vehicle(hereinafter referred to as the TS) that meets the requirements for a taxi, as well as a permit for the activity of transporting passengers and luggage received for the specified TS. Such a vehicle may belong directly to the driver, it may be purchased on credit or leased, and it may also be issued under a lease agreement.
It should be noted that registration of an individual entrepreneur for subsequent work as an independent taxi driver will also entail the independent payment of taxes, which means that already when registering as an entrepreneur, you will need to decide on a suitable tax system. As a rule, the choice is between a simplified taxation system (ONS + patent) or a single tax on imputed income (UTII), although this can also be general system(BASIC). The systems have their own nuances described in other articles, the main thing to keep in mind is that any of them involves the calculation and timely payment of tax to the budget, as well as reporting, in addition, in the case of a patent, it will be required to obtain and pay in tax office.
As for the permit to operate as a taxi, the following steps will be required to obtain it.
Since 2014, applications for the provision of all possible public services are accepted only in electronic form, therefore, the application is submitted through the official websites - Portals of public services of any of the municipalities of the Russian Federation (for Moscow - https://pgu.mos.ru/ru/ ). Thus, an ordinary citizen will need to register on the state web portal, and an individual entrepreneur will also need an electronic signature. Documents are attached to the application, as well as their copies that will prove identity, in addition, a certificate of registration for the vehicle, a certificate of registration of an individual entrepreneur, extracts from the USRIP / USRLE, as well as documents regarding the right to use the vehicle (ownership or other document of title).
In various municipalities there are completely different conditions for taxis, which are set by local regulations. For example, in the Moscow region, the year of manufacture of the car matters (for a foreign car - no older than 8 years, for a domestic one - no older than 5 years), and in the city of Moscow, the yellow color is important, in which the vehicle will have to be repainted or pasted over with a yellow film. In addition, there are general conditions for all taxis:
As mentioned above, regardless of whether the driver works on his own vehicle or on a rented one, in a large dispatch service or on his own, a permit is needed to work as a taxi. According to Law N 69-FZ, we can conclude that it is issued for a specific car, and not for the driver, this is convenient, because in the future, with the permission received, it no longer matters who exactly drives the car, for example, you can transfer it relative or friend. However, only one permit is allowed per vehicle.
The permit is obtained in the regional departments of the Ministry of Transport, in some regions its cost is free, and in some it can reach a maximum cost of 6,000 rubles.
It should be noted that the permit is valid for transportation in the region that issued it, but agreements have been concluded between some regions that allow them to work in both regions, respectively, some carriers apply for a free permit to another region, thereby minimizing costs. The period of validity of the permit is from 5 years from the date of receipt, and all issued permits are entered into a single database - a register, access to which is carried out through the official websites of the authorized bodies.
An individual entrepreneur or legal entity that directly applies for a permit will also have to provide information about the medical service that will serve the taxi driver, as well as about the station Maintenance Vehicle or mechanic, if there is one in the state, in order to check the condition of the vehicle before each flight. In practice, the dispatch service often keeps one physician on staff who conducts a quick examination of drivers before they leave, and also concludes an agreement for the maintenance of vehicles with one or another company.
Having completed all the above steps, as well as having received a taxi license, regardless of whether it was issued through the registration of your own IP or without IP, with an appeal to intermediaries, then new requirements are included directly to the driver of the vehicle. They are primarily related to the organization of the safety of passengers and transportation in general, and provide for a total driving experience of at least 5 years, a waybill with a mark on passing a medical examination before the flight, as well as a mark on the technical condition of the vehicle.
The already received permission for transportation should be kept directly in the car and presented upon request, both to passengers and authorized representatives of the authorities, in the original. Separately, it is necessary to take into account the requirement of the law on the issuance of taxis to customers cash receipt or receipts after the provision of the service, respectively, in the car must be prepared in advance in sufficient quantities suitable forms of strict accountability.
There are differences between the concept of a taxi license and a passenger transport license. The bottom line is that taxi permits require work in passenger cars, and transport permits specifically mean work in passenger minibuses and buses that are equipped with 8 or more passenger seats. Most often, we are talking about intercity transportation, or urban public routes, necessarily associated with commercial transportation. For non-commercial transportation, for example, for transporting employees own enterprise Sole proprietors do not need such permission, but for trips on a route where tolls will be charged, it is required.
Why do you need a license for an individual entrepreneur:
This type of activity is regulated by the Regulation on Licensing the Transportation of Passengers dated April 2, 2012 N 280, approved by the Government of the Russian Federation, and in addition to all the requirements applicable to the operation of a taxi, which necessarily include medical and technical examinations of the vehicle, it also includes other conditions. on the this species activity provides for the submission of the following additional documents to the bodies of Rostransnadzor:
After submitting an application with the attachment of the entire package of documents, an authorized representative of the state body considers it within 45 days, after which either approves the issuance of a permit or refuses. Permission to transport vehicles equipped with 8 or more seats valid, as in the case of a taxi, 5 years from the date of receipt, with the possibility of renewal in the future. The permit can only be withdrawn in cases of violations, for example, in terms of equipment or timely maintenance of the vehicle, or when transporting in territories where it is not valid. Also, in the case of an accident that occurred through the fault of the driver, as a result of which significant harm was caused to the health of passengers or resulted in the death of any of them, the transportation permit may be canceled by a court decision.
With the adoption of the new Federal Law No. 69 on changes in legislation that directly affects the activities of taxi drivers, its large-scale reform began. Recall that the law came into force at the end of 2011, but licensing problems have not yet been satisfactorily resolved. The new amendments have radically changed the working conditions of taxi firms, and, in particular, the so-called. private traders.
The essence of the new provisions was that carrying passengers by unlicensed persons became acts of illegal activity. Now obtaining a taxi permit has become a mandatory legal requirement for both individuals and organizations involved in transportation. How can I get this license And what you need to do?
Obtaining a taxi license is mandatory for both legal entities and private drivers who are engaged in transportation by passenger taxis. At the same time, the licensed activity of a taxi driver generally excludes the definition of a private owner as individual, moonlighting taxing.
]The fact is that a person who works as a taxi driver for himself and is not connected labor relations with any taxi service, you still have to go and register an IP. For this reason, licensing among lone taxi drivers and now, three years after the entry into force of the new amendments, remains a rather unpopular matter.
No need to obtain a taxi license either for those drivers who are engaged in the transportation of passengers in the amount of more than 8 people on regular routes (more on this in the next section) or for persons who are not at all involved in the commercial transportation of people.
The difference is in two main aspects: the number of passengers carried at the same time, and the presence or absence of a regular route.
A license for passenger transportation must be obtained by those legal entities that are engaged in regular transportation of passengers (both in urban and suburban areas, and within intercity traffic) and use motor transport for this purpose, the capacity of which exceeds 8 people.
That is, an organization that provides people with the services of a classic fixed-route taxi(all the familiar vans with sitting and standing places) will require a license to transport passengers, and not a taxi.
A taxi license for an LLC and an individual entrepreneur is needed for those who manage a car fleet (even if it is represented by only one car), and who work on orders. Documentation must be obtained for each vehicle.
How to get a taxi license? As can be seen from the foregoing, it is issued only to legal entities, so its presence is the first mandatory requirement for the applicant. To obtain a taxi license, an individual entrepreneur (or organization) must own (or lease) at least one vehicle unit, which will be used for passenger transportation.
In addition, the organization or individual entrepreneur must:
The car (or cars) of the applicant must fully meet the requirements specified in the same Federal Law No. 69.
These include:
For taxi drivers, the law imposes requirements regarding experience. Each of the representatives of this profession must have at least 3 years of driving experience (documented) or a total, total driving experience of more than 5 years.
The issuance of taxi licenses is within the competence of the specially authorized executive body of each specific subject of Russia. Accordingly, the authority is different in each region, so you will have to find out where to apply on your own.
In Moscow, for example, licenses are issued by a special department of the Department of Transport and Road Infrastructure Development of the City of Moscow.
Or you can go the easiest way and submit documents to in electronic format, using the online service of the State Service. This method is the most convenient, so we can safely recommend it.
Standard list of all required documents can be found in Art. 9 of Federal Law No. 69-FZ. You will need:
In Moscow, the issuance of licenses is free of charge. The cost in the regions depends on the requirements of regional legislation. The cost of a taxi license ranges from 500 to 3000-4000 rubles for each car.
Many small organizations offer their mediation services in obtaining a taxi license. Their help will eliminate the need for self-submission of documents, but will cost from 3,000 to 7,000 rubles (also depending on the region).
A license or a notice of refusal to issue it is issued within one month (30 days) from the moment the documents are received by the executive authority. The license is valid for 5 years. If the license is lost, you should again contact the authorized body. Within 10 days after submitting an application for re-issuance, a duplicate of it will be issued.
A license will not be issued if it is obvious that the applicant cannot ensure the impeccable fulfillment of at least one of the above requirements for the organization itself (or individual entrepreneur) or the maintenance of the car fleet. That is, if, for example, there is no agreement with medical institution conducting a mandatory medical examination, there is not enough room to accommodate cars, and they themselves are not equipped with everything necessary (taximeter, identification lamp, etc.).
In addition, the taxi license can be revoked. This happens in cases where the named violations are revealed, or the drivers carry out the transportation of passengers outside the region in which the license was issued. The last circumstance requires additional explanation.
The fact is that taxi drivers do not have the right to transport people outside the subject of the Russian Federation in whose territory they work. This is permissible only in one form: if the point of departure is on the territory of this subject, and the point of destination is on the territory of another.
That is, the driver can pick up his passenger at home, take him to the neighboring region and return. But it is forbidden to put a passenger in a car outside your own territory. True, there are exceptions. For example, taxis assigned to Moscow can deliver people on the territory of the Moscow Region, and vice versa.
Also, the license will be revoked by a court decision if the driver turns out to be the culprit of an accident, which resulted in the death of a passenger or third parties, or causing significant harm to their health (moderate or severe).
Taxi ticket without a license equal to 5000 rubles(Article 12.3 of the Code of Administrative Offenses).
In general, the procedure for obtaining a license cannot be called excessively long or complicated. The requirements for drivers and the state of the taxi fleet are also not severe: recruit drivers with experience from three years- not a problem, as well as equip cars with all the necessary attributes.
But for private traders, the need for licensing remains a headache. Many use private transportation as a part-time job, an additional source of income that does not exclude the main one. labor activity. Registration as an individual entrepreneur naturally becomes a problem under these conditions. As a result, at night, when the risk of running into a check decreases, illegal taxi drivers offer their services almost as actively as before. Whether this problem will eventually be solved - time will tell.
Where to get and how to get a taxi license - watch a short video summarizing the article.
Taxi companies are not subject to the licensing law. To carry out legal work, it is necessary to issue a permit for the provision of services for passenger traffic by taxi. The term of the issued permit for any car is no more than five years. More on the nuances below. So, how is a special permit issued for a taxi.
As the saying goes the federal law No. 99 of 04.05.2011 "On Licensing ...", a license is not required for taxi transport, but this does not mean that you do not need to obtain permission. Its receipt is greatly simplified, but each specific locality may have its own characteristics.
It is important that the general automotive requirements are specified in Federal Law No. 69 of April 21, 2011.
First you need to understand what are the options for obtaining a license (permit) for a taxi and what needs to be done for this? How much to pay?
Basically, getting permission should go like this:
The key legislative aspects to regulate the process of obtaining a permit are:
The application submitted must contain the following information:
The application must be accompanied by the following documents:
The vehicle must meet certain requirements in order to be approved:
There should be not only a special permit for a taxi. The driver himself must meet certain requirements. So, a taxi driver must have a driving experience of at least three years, he must also have good health. Before sending the car to the line, the owner of the company must check the technical condition of the car, as well as check the employee.
In what cases is a permit denied?
What is the cost of a license for one car?
The solution to this issue depends on locality Russian Federation, since the issuance of a permit is regulated by local legislation. The easiest way is to purchase a comprehensive service (specialized companies do this): Russian prices for such a service start at two thousand rubles for each car. Additional expense in this case bringing the car in line with the specified requirements.
All types of violations that can be carried out by an "official" or "illegal" taxi driver are clearly indicated in the Code of Administrative Offenses of the Russian Federation.
Thus, in principle, it is clear how to obtain documents for this type of activity. If legal requirements are ignored, severe liability ensues (especially when it comes to organizations). Therefore, registration and obtaining the necessary papers in in due course is an excellent opportunity, both for legal work and for decent savings.
Drivers, as well as legal entities and individual entrepreneurs for the commercial transportation of people and luggage, need a taxi license.
Commercial transportation of passengers and baggage without permission is prohibited and entails the imposition of an administrative fine*:
If a permit is issued, but it is not in the car, the driver may be fined 5,000 rubles. Therefore, the permit must be kept with you at all times during trips in order to be presented at the request of a passenger or a traffic police officer.
Only legal entities and individual entrepreneurs can issue a permit. To do this, you need to apply through Personal Area individual entrepreneur or legal entity using a qualified .
If there is no qualified electronic signature, the application can be submitted as an individual who is a representative of a legal entity or an individual entrepreneur by proxy.
The service is provided free of charge.
Please note that in order to obtain a permit, you must meet the requirements for a vehicle that will be used for commercial transportation.
Passenger taxis must meet the following requirements:
Inside the taxi, on the front panel to the right of the driver, there should be the following information:
The passenger taxi must also contain the rules for using the corresponding vehicle, which are provided to the passenger at his request.
To apply on behalf of an individual entrepreneur online to the site, you will need:
It is recommended that you upload scanned, not photographic, copies of your documents when applying. Multi-page files should preferably be used in a reduced format. The maximum size of one attached file should not exceed 5 MB.
To apply on behalf of a legal entity online to the site, you will need:
It is recommended that you upload scanned, not photographic, copies of your documents when applying. Multi-page files should preferably be used in a reduced format, and maximum size one attached file - no more than 5 MB.
After submitting an application during the day to your personal account on the site and on email You will be notified of the status of your review.
After the Moscow Department of Transport and Road Infrastructure Development approves the permit for taxi activity, you will receive a notification about when and where to come for the document.
The permit will be ready no later than 10 working days from the day following the day of registration of the application. The issued permit is valid for 5 years.
Upon receipt, you must present a passport and a notarized power of attorney from an individual entrepreneur or legal entity.
If you do not come for a permit within 40 business days of receiving the notice, it will be cancelled.
Please note that the permit for taxi activity must be kept with you at all times during trips in order to present it at the request of a passenger or a traffic police officer.
Reissuance of a permit for taxi activity is necessary if a legal entity has been reorganized, as well as if the following has changed:
Reissuing a permit formally does not differ from the procedure for obtaining it. To do this, apply to the site, and at the appointed time, give the old permit to the employees of the Department of Transport, receiving a new document in return.
Apply online and turn in your permit to Department of Transportation officials at the appointed time.
After the entry into force of the Federal Law with the name "Taxi Law", many private carriers had to more than seriously think about taxi license. It should be noted that one of key requirements of this new legislative act, is aimed primarily at improving the safety of this type of public transport, as well as the overall quality of passenger transportation services.To date, this law, as amended in 2012 and 2013, involves the preparation of the following documents for issuing a license:
It is worth noting that in different regions the terms of validity of such permits also differ. For example, such an analogue for carrying out activities for the transportation of passengers in the capital is issued exactly for a five-year period. Most regional ordinances also adhere to these license terms, but some regions have some minor, but still, deviations. Therefore, on the ground we are carefully studying regional acts on this issue.
Taxi license-permit is issued for each a separate car used as a passenger taxi. Such a permit contains mandatory information about the authority that issued this permit, about the legal entity or individual entrepreneur whose property is a particular vehicle, as well as about the vehicle itself. Mandatory for this document are also an indication of its validity period, registration number, date of issue. Let us clarify that the permit document (only the original, not a photocopy, even made in color) must always be in the passenger compartment to be presented at the first request to the traffic police inspector or the passenger.
Before visiting the institution in question, you should definitely call back and clarify the list of documents required to obtain a taxi license, the size of the state duty and where exactly it is possible to get a receipt. Other conditions are also important, which are due to regional regulations regarding the acquisition of registration in your particular region.
In fact, obtaining a permit for the activity of a taxi is preceded by not one single step, but several logical actions connected with each other. Let's consider each stage of this procedure in more detail.
First, you can not do without a visit to the tax office. We clarify that this must be done exclusively at the place of one's own registration. When you first visit this institution, you must have a passport of a citizen of the Russian Federation and be sure to have copies of all its pages (meaning filled ones).
If registration is implied as an individual entrepreneur (individual entrepreneurship), it will be mandatory to fill out an application form and pay a state fee for registering the necessary documents. The receipt for payment can be printed directly from the official regional resource of the tax office or received directly during the application process. Payment is made, as a rule, in the nearest branch of Sberbank. This action is really important, because the receipt, in fact, is a necessary part of the package of documents for obtaining a license for taxi activities.
Tax specialists recommend that you be especially careful when filling out the application form, in fact, corrections and edits are not allowed here. Documents are processed in this institution, as a rule, no more than 5 working days. At the same time, the possibility of registering in the so-called taxpayer's office and gaining access to it is provided free of charge. The latter, in turn, allows you to keep track of all fees, as well as debts online, and gain access when compiling mandatory reports.
The completion of the registration procedure for an individual entrepreneur, as a rule, is accompanied by a concise or lengthy briefing by a tax service specialist on mandatory taxes, methods and terms of their payment, familiarization with the list of documents required for reporting. We emphasize that in standard version(if there are no additional terms) this register of taxes subject to mandatory payment looks like this:
Further, the necessary action is to open a current account in any branch of the bank and notify the tax service about this. Attention! It is important to do this during the first 3 days after the above procedure. Otherwise, you will have to pay a fine of 5 thousand rubles. It should be clarified that if you prefer to work with print, then you should order it at the same time during this period. It really facilitates activities, and in any area, but today it is not a mandatory attribute of IP. Therefore, to draw up or not, to order or refuse to print - it's up to you to decide.
It is also worth pointing out that if a violation of the requirements for a passenger taxi or for the obligations of an individual entrepreneur or legal entity in relation to the vehicle, which are provided for at the legislative level, is found, the traffic police may issue an order to eliminate violations. The deadline for these corrections is usually only one month. Be careful and do not violate the law.
In this case, “assistant” firms, as a rule, provide a whole range of services, which are represented by:
Let us describe in more detail the algorithms of cooperation typical for different options obtaining a taxi license without opening an IP. As an example, Moscow and the Moscow region will be considered. First of all, consider the situation when the car is not painted yellow and is assigned to the region number 50, 90 or 150, 190 or 750. So, in order to submit documents to the Ministry of Transport of the Moscow Region, you will have to come to the office of the company you have chosen (the so-called " assistant") to sign the necessary documents. Further, the firm's lawyers take up the work, whose task is to quickly and correctly prepare a package of documents for the Ministry of Transport of the Moscow Region. The third step consists in visiting the territorial department of the given subdivision of the applicant together with an employee of the company. At this stage, the car (future potential taxi) is photographed by responsible specialists of the Ministry. At the same time, the presence of all the attributes of a taxi required by law is also checked. This refers to the side drafts of a taxi, the orange ceiling on the roof, and finally, the presence of a taximeter. Let us clarify that, if necessary, all this can be purchased or rented from the same “assistant” company.
It should be noted that the issuance of a permit license with the help of the company's specialists is carried out exclusively centrally, only on certain days (as a rule, the days of the week following the submission of documents - Tuesday-Wednesday-Thursday).
You should be prepared for the fact that the processing of documents in the Ministry of Transport of the Moscow Region by law is no more than 30 calendar days. As a rule, in fact, permits are issued much faster - in 2-3 weeks. Only exceptional cases require more time, then it is stretched for 4-5 weeks (but not more than all the same above 30 calendar days). The task of obtaining a taxi permit is also taken over by employees of the “assistant” company and, as soon as the license is ready, they notify the owner of the car about this. Note that payment for the services of the "assistant" company is carried out only after obtaining a license in the same office where the documents were originally submitted.
To summarize: the entire process of obtaining a permit-license for a taxi car takes approximately 4 weeks (no more than 30 calendar days).
For the first visit to the office of a company that helps to issue licenses, you will need the following documents for taxi licensing:
However, let's return to the immediate topic of our publication - licensing, taxi licenses.
Again, the first step will be a visit to the office of the company that undertakes to help in obtaining a license. This is necessary, first of all, for signing documents. At the same time, you must have a civil passport of the owner of the vehicle with you, as well as the so-called pink card, i.e. vehicle registration certificate. Further, your presence in the office is completely optional. Let's clarify, up to obtaining the long-awaited license for the car. The lawyers of the assistant company will independently prepare a package of documents for submission to the Metropolitan Department of Transport. At the same time, they will eventually receive permission for a taxi. Your task after notification of the readiness of the document is just to drive to the office, pay for the services and pick up the long-awaited document. Most often, the process of obtaining a taxi permit-license for a car in yellow does not take all the same above 30 working days. Note that in some cases it is possible Taxi license without IP and directly on the day of submission of documents. 2-3-5 days are quite probable and realistic terms for obtaining a license for a car in yellow.
It is clear that in addition to the actual preparation of packages of documents for obtaining a license, the “assistant” companies at the same time provide the State Inspection of the car, and receive a diagnostic card for it, and draw up insurance (CASCO, OSAGO), and provide checks, travel forms, etc. .d.
What is the benefit of cooperation with "assistant" companies? There are as many as 5 of them. Firstly, the applicant receives an official, legal permission, which is mandatory will be tested for authenticity in the Ministry of Transport of the Russian Federation. Secondly, the companies clearly adhere to the deadlines for the performance of work stated in the contract. Thirdly, it is mandatory to provide legal advice on the regulations for the work of drivers. Fourthly, the prices for services offered are more than reasonable. Fifthly, every taxi driver gets the opportunity to favorable conditions connect to resource.
We already wrote above about the presence in the taxi car of a mandatory original license for this type of activity. It should be noted that if this document is lost due to any circumstances, its duplicate must be provided at the official place of issue within ten days after the application is submitted free of charge.
Next, let's focus on the mandatory attributes of a licensed taxi. Firstly, on board such a car there should be special color-graphic markings. These are, as a rule, squares of contrasting colors (as usual, a combination of yellow and black colors). It is clear that they are arranged in a "chessboard" order. To clarify, this is allowed to be carried out by the most different ways, including stickers, paint or magnets.
Taxi car interior without fail must be equipped with a taximeter. Moreover, the latter must be located in a prominent place for both the driver and the passenger. The roof of each taxi must have a taxi ceiling (with obligatory checkers). It is noteworthy that in most cases, neither the size nor the shape of it is strictly regulated. The only thing that is required for this attribute of a taxi is the obligatory orange illumination at night. We do not even mention that a car other than yellow should be no older than 8 years for a foreign car, and 5 years for a domestic vehicle and it must pass a technical inspection. This circumstance is known to almost everyone.