The legislation of the Russian Federation requires taxi services to have permits for the implementation of passenger transportation services. If the necessary formalities are not followed, then the company is considered illegal. How can I get the right document?
The essence of a taxi license
The term "taxi license" is, in fact, unofficial. In accordance with the Federal Law No. 69, adopted on April 21, 2011, Russian road carriers can carry out activities with the necessary permission. Strictly speaking, it is not a “license”.
The permit in question is of two main types: issued under the condition that the corresponding transport services are provided by a private driver as an individual entrepreneur, and also issued for drivers who have the status of an employee. Regarding the first scenario, it is necessary to issue a “full license”. In the second case, a simplified document is assumed. Its name was approved in the format “taxi license without IP”. Consider the features of obtaining both documents.
“Regular license”: design specifics
The main source of law, according to which Russian taxi drivers must draw up an authorization document to carry out activities, as we noted above, is Federal Law No. 69 of 04/21/2011.
In accordance with this law, permission to provide services for the carriage of passengers must be issued by an authorized executive body operating in a particular subject of the Russian Federation. The basis for the issuance of the document in question is the statement of the legal entity or individual entrepreneur. The company, in turn, must own the motor vehicle, lease it, or use it subject to leasing.
License Content
Having examined the main aspects of obtaining a permit for motor transport services, we examine in more detail the specifics of this document. What information should be reflected in it? Their standard list looks like this:
- Full name of the permit holder, his passport data;
- state number of the car for which the license is issued, its model, make;
- the name of the state agency that issued the permit;
- the name of the organization that holds the license, as well as its address;
- number of the permit document, its validity.
Where to get a taxi license and what may be the cost of it? Consider these nuances in more detail.
Where to get permission and how much it costs
As a rule, a personal visit of the driver to the competent authority is supposed to provide the necessary documents for obtaining the permission in question. But if the city in which the taxi license is issued is Moscow, then the sources can be routed through the Gosuslug portal in the prescribed manner.
In many cities of the Russian Federation there are multifunctional centers that provide citizens with various government agencies. In some cases, they can also accept, if a taxi license is issued, the documents necessary for the implementation of the relevant procedure. So, for example, a multifunctional center operates in Voronezh. All residents of the Voronezh region can apply there in order to obtain a taxi permit. Reception of documents in this institution is carried out according to the work schedule.
How much is a taxi license? The price of this document depends on the laws adopted in a particular subject of the federation.For example, in the Voronezh region, taxi licenses are issued free of charge. But the subjects of the Russian Federation can set a fee for processing these documents in accordance with the Tax Code up to 6 thousand rubles.
Required documents
Obtaining a taxi license may involve the collection of different sets of documents, depending on the rules established in a particular region. But a standard source package might look something like this.
- Firstly, it is necessary to submit a statement in the established form to the competent authority - most often this is the territorial unit of the Rostransnadzor.
- Secondly, it is necessary to present a document that certifies the identity of the applicant, as well as a copy of it. If the interests of the entrepreneur are realized through an intermediary, then sources confirming the powers of this person should be shown.
- Thirdly, you need documents related to the applicant’s legal status and powers in relation to owning a vehicle: this is an extract from the Unified State Register of Legal Entities, which was received no earlier than 3 months before contacting Rostekhnadzor, as well as a car registration certificate or a leasing agreement.
Car requirements
A taxi license prescribed by law will be valid only if the vehicle meets a number of criteria. Namely:
- the car must be inspected once every six months;
- taxi must have the necessary colorographic schemes on the body, and if the relevant laws are adopted in the subject of the Russian Federation, then its surface must be of a certain color;
- An orange light and a taximeter should be located on the roof of the car.
There are also certain requirements for taxi drivers. In particular, they must have at least 3 years of experience in the relevant transport service or at least 5 years of total driving experience. In addition, drivers must have competence in the field of maintenance and car repair, checking the technical condition of cars, and undergo a medical examination before going to work.
A responsibility
A taxi license should be located directly in the passenger compartment and presented to passengers upon request. It can also be requested by an employee of the inspection body or a traffic police officer. And this is not the only, of course, aspect of the responsibility of taxi services. Consider other major carrier obligations.
If the driver of the taxi is a driver who does not have a license with him, then a fine of 5 thousand rubles will be imposed on him. If the inside of the car does not have the necessary information that must be there by virtue of legislative requirements, then this is a reason for a fine to the driver in the amount of 1 thousand rubles, for an official - 10 thousand rubles, for the organization - 30 thousand. rub. If there is no flashlight on the roof of the taxi, then this can also be punished with a fine of 3 thousand rubles. for the driver, 10 thousand rubles. for an official, 50 thousand for an organization. If a person drives a car in which an orange lamp is installed illegally, then he will have to pay 5 thousand rubles. Similarly, a driver who has an illegal color scheme on a car is punished.
License without issuing IP
Another option, in which a taxi license may be issued, does not imply that the driver is registered as an IP or owns a company. But in this case, in order to provide services legally, he must work for hire. A taxi license without an IP is issued only in this scenario.
It is impossible, without having the status of individual entrepreneur or the owner of the company, to obtain permits for the purpose of providing services privately. In turn, working in a taxi without a license is also illegal. Of course, we are talking about those cases when a person has his own car. If he is employed by a car provided by a taxi service, then he does not need a license under Federal Law No. 69, since he has the status of an employee.
But if a person has his own car and he wants to use it, just a driver’s employment contract with the motor transport service is not enough. He also needs to issue a license, although in a slightly more simplified order.
License without IP: documents
What documents do you need to prepare for a driver in order to get a taxi hire for hire with your car? The list of the corresponding type of securities may look like this:
- application in the prescribed form;
- copies of passport, certificate of car registration, power of attorney or leasing agreement.
The essence of this scheme is that it is supposed to rent a taxi with a license by the employer company from the driver and then hire him. Between the subjects of this type of legal relationship are the necessary contracts. The provisions of Federal Law No. 69 in this sense are fully respected.
However, depending on the specific region, the list of documents for obtaining an appropriate permit without opening an IP, as well as the legal interpretation of the scheme in question, may vary.
Obtaining a taxi license: basic scenarios
So, the legalization of passenger transport by taxi can be carried out within the framework of the following main legal mechanisms:
- A person has his own car and is registered as an individual entrepreneur or as an owner of an LLC. In this case, he can issue a license for a car that he owns on the basis of ownership.
- A man has his own car and goes to work for hire. In this case, subject to the necessary legal algorithms, the car owned by the driver is leased to the employer company, which subsequently issues a license for it.
- A man goes to work for hire without his car. This scenario is quite rare in practice - mostly people go to work in a taxi, having a car in their property. But if this is so, then in accordance with the provisions of Federal Law No. 69, the permission in question does not need to be issued to a person with strict adherence to the letter of the law. It is enough to have an employment contract with a taxi service. However, all obligations stipulated by law - the presentation of a license (which will be owned by the employing company) to the passenger, the placement of the light - the self-employed driver will have to fulfill.
When is a real license needed?
At the beginning of the article, we determined that the “license” for the provision of taxi services in the Russian Federation, strictly speaking, is not a document that is provided for by the Federal Law “On Licensing”. The legal acts regulating the activities of the respective motor transport services do not contain a term that is actively used in civil circulation.
At the same time, in some cases, road carriers require a real license. This applies to activities classified as carriage of passengers on a commercial basis when using cars with a capacity of more than 8 people, as well as cargo using cars that can move more than 3.5 tons in the back. Relevant transportation services are subject to licensing. Also, international transport activities may require additional permits.
The common thing with a real license for motor transport services and permits for the activities of taxi services is that they are most often issued by the same authority - Rostransnadzor. However, the criteria for issuing a real license are significantly different from those established for permission for taxi services. In particular, a road carrier that is subject to legislation requiring a real license must:
- comply with all requirements established by legislative acts;
- to ensure compliance of vehicles owned by the organization with the standards of operation of vehicles;
- hire staff who are properly certified and may be responsible for ensuring safety during the operation of vehicles and the provision of services.
Of course, the list of documents for obtaining a license that fully legally complies with the legislation of the relevant type, and does not act as an unofficial term, is usually much more complicated than when applying for a taxi.
