Driving a car with a license fine for a checker and transporting passengers illegally

Taxi services are quite in demand. This gives rise to the high popularity of such vacancies. In conditions where other jobs in most regions offer very low income, working in a taxi allows you to earn more.

Considering the fact that working in a taxi is directly tied to the transportation of passengers, in 2021 the legislator is making significant demands on taxi drivers. Violation of them leads to the application of penalties based on current legislation.

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When is a taxi driver fined in 2021?

Before starting to work in a taxi, you should study the requirements for carriers that are established by the legislator, since failure to comply with them will lead to penalties. In 2021, there are indeed many such requirements; for violation, each taxi driver is fined.

Fine for not having a taxi license.

Transporting passengers is a licensed activity. The law prohibits transportation without a special permit. This requirement is established by Federal Law No. 69 of April 21, 2011, in Article 9. A taxi driver’s license is issued for a period of five years. It can be received by an individual entrepreneur or an organization, but not by an individual.

Clause 2.1.1 of the Traffic Regulations establishes that a taxi driver is required to carry with him and provide upon request of a traffic police officer permission to operate a taxi. Punishment for lack of a license is provided for in Article 12.3, paragraph 2.1 of the Code of Administrative Offenses of the Russian Federation and is expressed in the form of a fine in the amount of five thousand rubles.

Fine for operating a faulty taxi car.

Any car, even if it is used purely for personal purposes, must be in full working order, but this only applies to certain breakdowns. For example, no one will fine a driver whose car does not have power windows, but you cannot drive with faulty brakes.

The appendix to the traffic rules, called the “List of faults and conditions under which the operation of vehicles is prohibited,” indicates all the breakdowns that will interfere with the operation of vehicles in 2021. The same applies to taxis. The main requirements are for brakes, steering, lights, windshield wipers, and wheels. The functionality of these systems is necessary to ensure maximum safety for both the driver and his passengers.

Driving a car in the presence of faults listed in this appendix is ​​punishable in accordance with Article 12.5 of the Code of Administrative Offenses of the Russian Federation. The fine for taxi drivers starts from 500 rubles and reaches 5,000; deprivation of the right to drive for up to six months can also be applied.

Penalty for lack of waybill.

Any transportation of passengers and luggage imposes a requirement for the taxi driver to have a waybill. Paragraph 2.1.1 of the traffic rules states that the driver, if required by law, must have such a document with him and present it to the traffic police. The charter of road transport and urban ground electric transport, in article 6, paragraph 2, states that transportation in a taxi in the absence of a waybill is prohibited.

The sanction for the absence of a taxi driver’s waybill in 2021 is provided for in Article 12.3 of the Code of Administrative Offenses of the Russian Federation; it is determined in the form of a fine in the amount of five hundred rubles.

Fine for installing taxi checkers.

Transport used for transportation must be marked. At the same time, the activity is controlled by the state so that the use of a special designation, the so-called “checkers,” is prohibited if the car is not officially considered a taxi.

The illegal installation of taxi checkers is provided for in Article 12.4 of the Code of Administrative Offenses of the Russian Federation.

Thus, the illegal installation of a lamp that indicates a taxi is punishable in accordance with paragraph 2. The fine will be 5,000 rubles for drivers and 500,000 rubles for organizations. In both cases, the subject of the violation, that is, “checkers,” is confiscated.

The use of a color scheme that indicates a taxi is punishable in accordance with paragraph 3 of Article 12.4 of the Code of Administrative Offenses of the Russian Federation. The fine is the same amount as for illegal installation of checkers (5,000 rubles for drivers and 500,000 rubles for legal entities).

Fine for using a car with checkers without a taxi license.

Driving a car on which special taxi signs are installed illegally is punishable under a different standard. Thus, paragraph 4 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation deals with the situation when there is a taxi lamp on the car. The fine for a driver in 2021 will be 5,000 rubles.

Paragraph 7 refers to a car with a printed color scheme. For taxi drivers without a work permit, the fine is exactly the same.

Fine for not having checkers on a taxi in 2019.

The use of taxi vehicles that are not properly marked is also prohibited. Responsibility is determined on the basis of Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation. Thus, paragraph 3 states that the fine for a taxi driver will be 3,000 rubles.

A penalty is applied if at least one required element is missing, for example, only a color scheme or only a lantern. And if all the designations are missing, then the sanction will be exactly the same.

Penalty for failure to issue a check.

Requirements for the issuance of cash documents apply to all entrepreneurs and taxis are no exception. At the same time, the legislator separately stipulates sanctions for violation of this rule by a taxi driver. Thus, paragraph 2 of Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation establishes that the sanction for such a violation will be a fine of 1,000 rubles for the driver.

Fine to a taxi driver for failure to post mandatory information.

Some information must be placed in the car. Specific information that must be provided is listed in the Rules for the carriage of passengers and baggage by road and urban ground electric transport. Paragraph 117 states that the front panel will contain information about the name of the freighter, terms of payment, a driver’s card containing his photo, and details of the body that monitors transportation. Paragraph 118 already indicates that a passenger taxi must contain transportation rules.

The fine for the lack of mandatory information in a taxi in 2021 is provided for in Article 11.14.1 of the Code of Administrative Offenses of the Russian Federation. For a taxi driver it will be 1,000 rubles, for officials – 10,000 rubles, for legal entities – 30,000 rubles.

Fine for driving without insurance.

Driving by car always requires a compulsory motor liability insurance policy. It makes no difference whether we are talking about a taxi or personal transport. The legislator has provided for liability for such a violation.

Responsibility is provided for by the norms of the Code of Administrative Offenses of the Russian Federation. Thus, paragraph 1 of Article 12.37 establishes a fine for driving with an MTPL policy during a period not provided for by the insurance policy or the absence of a specific person in the policy (500 rubles), and paragraph 2 of the same article provides for a fine of 800 rubles for failure to fulfill insurance obligations.

Taxi driver fined for driving without a child seat.

The rules for transporting children in taxis are also regulated on a general basis, that is, a fine is provided for all drivers, not just taxi drivers.

Liability is established by paragraph 3 of Article 12.23 of the Code of Administrative Offenses of the Russian Federation. The fine for the driver will be 3,000 rubles. But a legal entity, for example, a transportation company, can be fined up to 100 thousand rubles.

Fine for a taxi driver for driving in a dedicated lane in 2021.

On the one hand, only route transport is allowed to travel along this part of the road, but the issue needs to be considered more carefully.

Thus, clause 18.2 of the traffic rules establishes a list of vehicles that are allowed to drive in the bus lane. This list also includes passenger taxis. Accordingly, in 2021, a taxi driver will not be fined for driving in a dedicated lane.

Illegal taxi

Dear readers!
Our articles talk about typical ways to solve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free! Deputies are considering new penalties for illegal taxi drivers. Over the past year, 846 licenses out of 4,687 were revoked. The issuance of new licenses has decreased several times.

I have one friend, Vladimir from Moscow. After work, he has been driving on his own for 5 years, without a license, of course. He says he really likes driving late at night. Few cars, many interesting people to talk to, good extra income.

He consulted with me several times about punishment for such activities. And so, a week ago, he received his first fine for several thousand rubles. Let's figure out what you can be punished for.

What is the fine for an unlicensed taxi driver in 2021?

Taxi operations require a special permit (license). It is not so difficult to obtain it; the procedure is simplified as much as possible to legalize the activities of carriers. Violation of the license requirement will result in administrative liability.

In addition, there are several more indirect violations, one way or another related to the activities of taxis.

ViolationLegal normSanction amountPossibility of discount
No licenseclause 2.1 art. 12.3 Code of Administrative Offenses 5000 rublesAvailable
The car is faultyArt. 12.5 Code of Administrative Offenses From 500 to 5000 rubles, depending on the type of malfunctionAvailable
There is no waybillclause 2 art. 12.3 Code of Administrative Offenses 500 rublesAvailable
Illegal installation of checkersArt. 12.4 Code of Administrative Offenses 5,000 rubles for a driver, 20,000 rubles for an official and 100,000 rubles for a legal entity. Additionally, confiscation of the object of the violation is applied. Available
Using vehicles with checkersclause 4 and clause 7 of Art. 12.5 Code of Administrative Offenses 5,000 rubles for applying “checkers” according to clause 4 and 5,000 rubles for applying a color scheme according to clause 7.Available
No checkers on taxisclause 3 art. 11.14.1 Code of Administrative Offenses 3000 per driver, 10000 per official and 50000 per organizationAbsent
Non-issuance of a checkclause 3 art. 11.14.1 Code of Administrative Offenses 1,000 rubles per driver, 10,000 per official and 30,000 rubles per organizationAbsent
Lack of mandatory informationclause 1 art. 11.14.1 Code of Administrative Offenses 1,000 rubles per driver, 10,000 per official and 30,000 rubles per organizationAbsent
Lack of compulsory motor liability insuranceArt. 12.37 Code of Administrative Offenses 500 rubles if you don’t have insurance “with you” or if it’s overdue, 800 rubles if you don’t have insurance at allAvailable
No child seatClause 3 art. 12.23 3,000 rubles per driver, 25,000 per official and 100,000 rubles per organizationAvailable
Driving in a dedicated laneIt is not a violation for a taxi if the car has special markings.

Mandatory requirements

To work as a taxi driver and get a license, you must meet certain conditions. Your driving experience must be at least 5 years. The vehicle must be marked with distinctive markings.

You also need to install a taximeter and checkers. License costs may vary in different regions. In most regions this amount is 5,000 rubles. In Moscow it can reach 10,000 rubles.

Remember also that in the near future fines may be increased by 6 times. The State Duma proposes a fine of 30 thousand rubles for transporting passengers without a license.

Who pays the fine imposed on the taxi driver?

In 2021, the fine is paid by the person to whom it was issued. The resolution indicates who is responsible for the violation, regardless of who issues the document, the court or the traffic police officer.

So, if the fault lies with the taxi driver, as an individual, then he will pay a fine. If we are talking about the guilt of an official or an organization as a whole, then a sanction will be imposed on them. For example, a transportation organization did not provide employees with the technical ability to issue a check. Accordingly, a fine will be imposed on the legal entity.

The person held accountable may attempt to change the subject. For example, the organization will provide evidence that it provided child seats and that their absence in the car is the fault of the taxi driver alone. In this case, responsibility rests with the taxi driver.

The procedure for imposing a fine on a taxi driver in 2021

In 2021, the fine is applied to the taxi driver on a general basis. It is also appointed in accordance with general norms.

So, the procedure for assigning a fine to a taxi driver is as follows:

  1. detection of a violation by the relevant employee;
  2. issuing a protocol on an administrative violation;
  3. issuance and delivery of a decision on an offense.

The driver may refuse to receive the order, in which case it will be filled out in front of witnesses and sent to him by mail. If an organization is held liable, the protocol will be sent to its address.

In accordance with paragraph 2 of Article 2.1 of the Code of Administrative Offenses of the Russian Federation, an organization is brought to administrative responsibility if it had all the conditions to comply with established standards. At the same time, paragraph 3 of this norm states that holding an individual liable does not exempt the organization from punishment. It turns out that the sanction can be applied simultaneously to the taxi driver and the carrier.

Requirements for drivers and cars

Working as a taxi driver is quite responsible, so requirements for both personnel and vehicles are established at the legislative level. This reduces the number of accidents and improves customer service.

If we talk about the criteria for vehicles used for passenger taxi transportation, they are as follows:

  • Availability of color scheme. This is a mandatory condition, and for its absence, the taxi company or driver faces a fine - it all depends on who the law enforcement agencies find guilty of the offense. The diagram should be located in the lower part of the body and consist of contrasting squares drawn in a checkerboard pattern.
  • The presence of a lantern (checkered) of orange or yellow color. It should be located on the roof of the car. Most often, the checkers are attached to a magnetic tape so that they can be easily removed when the vehicle is not used specifically for taxi transportation. Advertising can be placed on the sides of the lantern; usually the dispatch service number is indicated there, by which clients can call a taxi.
  • Matching the color scheme. Acceptable colors are set by regional authorities independently. Most often among them are yellow, gray, white and black shades. If the color does not match, a license to use the car in a taxi will not be issued.
  • Installation of a taximeter is required. This is a counter that allows you to calculate the cost of each trip based on the distance traveled, time and taxi fare. If the company uses a flat fee, a taximeter is not required.

Thus, the car must be equipped with a color scheme, a lamp and a taximeter: only after this the owner will be able to obtain a license for use in a taxi.

Do not forget that the requirements are also set for drivers:

  • A category B driver's license is required.
  • A license will be required. There is a fine for driving without it.
  • Before starting each trip, drivers must undergo a medical examination and receive waybills. They are usually filled out by dispatchers or other responsible persons.

Drivers with at least three years of experience can work in taxis. Some companies may establish separate requirements, and all of them must be specified in the contract.

What should a taxi driver do if a fine is imposed?

If a taxi driver is brought to justice by the traffic police in 2021, he can choose one of the following options:

  • Agree with the violation and sign the protocol. It is recommended if the driver fully admits his guilt and agrees with it.
  • Disagree with the violation and refuse to sign the document. It is not recommended, since such a refusal will not delay the punishment and will complicate the appeal process.
  • Sign the protocol and indicate disagreement with the violation.

If you disagree with the text of the protocol, it is best to indicate this when signing. The next step is to appeal the traffic police fine in court or by filing a complaint with a higher authority.

The taxi driver has the right to both recognize the protocol and pay the fine, and appeal in the prescribed manner. The organization, represented by officials, has the same capabilities.

What to do if caught

A license is required if passenger transportation is carried out:

  • water modes of transport;
  • by rail;
  • aircraft;
  • by road, if the bus can accommodate more than 8 passengers and the activity is not aimed at customized transportation or supporting the activities of the company. That is, regular transportation is carried out in urban, suburban or intercity or international traffic;
  • passenger taxis.

Transporting passengers without a license under the Code of Administrative Offenses is punishable by a fine, which is imposed:

  • on drivers;
  • on persons who allowed transportation;
  • to organizations performing transportation.

If a repeated violation is detected, in addition to a fine, there is the possibility of confiscation of the vehicle.

If an employee of a regulatory organization has discovered an offense involving the absence of a license when it is necessary to have one, then the driver:

  • may agree and sign the protocol on the offense. The result of such an action will be the issuance of a decision on violation of the rules and the imposition of a fine;
  • may try to prove that the transportation is carried out outside the scope of the licensing law, that is, the transportation of friends is carried out, for which no fee is charged, or company employees are transported to their place of work.

The driver (representative of the legal entity) will defend his rights in court. The following may be used as evidence:

  • statements of passengers who are witnesses;
  • documents for ordering a tourist package, holiday cottage, etc.;
  • waybill issued by a company employee to the driver indicating the purpose of the trip.

International passenger transportation by minibus is covered in the article:

We suggest you read: Application for a hostel from your place of work

international passenger transportation by minibus

.

Is it allowed to carry children under 1 year of age in a car by hand? Read here.

Is there a discount on fines for a taxi driver?

Clause 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation provides for the possibility of paying administrative fines with a fifty percent discount. However, we are not talking about all fines, but only those imposed on the basis of Chapter 12 of the Code of Administrative Offenses of the Russian Federation, with the exception of some individual violations.

It turns out that in 2021, a fine imposed on a taxi driver for lack of mandatory information, failure to issue a receipt and lack of “checkers” cannot be appealed. Other violations may be paid within twenty days from the date of issue in an amount equal to half of the originally assigned amount.

Appeal

A taxi driver can appeal a fine in the following order:

  • obtain a copy of the decision imposing a fine from the traffic police;
  • prepare the text of a complaint against the decision, indicating the reason for disagreement, a link to the necessary legal acts and evidence;
  • send a complaint to a higher authority or court.

Further, everything depends on the body that will consider the complaint. So, if this is, for example, a regional department of the traffic police (provided that the fine was issued by state traffic inspectors), then all that remains is to wait for the result of the review. If the appeal is made through a court, the applicant will need to take part in the hearing and present his arguments and evidence.

Applications for appealing a fine imposed on a taxi driver can be found here.

How to avoid fines for a taxi driver in 2021?

A taxi driver can avoid fines if he follows the basic legal requirements:

  • use special designations that identify passenger taxis;
  • have a license and monitor its validity;
  • have all the necessary information in the car;
  • provide clients with financial documents;
  • regularly check the machine for technical condition.

It is also recommended to comply with the general requirements that apply to all drivers. For example, regarding the availability of a compulsory motor liability insurance policy or compliance with traffic rules in general.

Conditions for obtaining a license to operate a taxi

Before starting the paperwork process, it is worth considering the fact that certain conditions must be met:

  • A license in the capital is issued for a vehicle exclusively yellow, unlike in regions where the color of the taxi does not matter;
  • Requirements for the technical serviceability of the car (confirming document about timely completion of technical inspection, installation of a special yellow beacon, taximeter, gluing checkers);
  • Requirements for driving personnel (availability of an appropriate driving category, 5 years of driving experience, compulsory motor liability insurance).

Nuances

Penalties for taxi drivers in 2021 are imposed on violators who do or do not have the appropriate status, but are actually engaged in such activities. In this case, drivers should pay attention to some practical nuances:

  • a fine is issued if a citizen engages in such activities without permission;
  • both a color scheme and a special lamp must be installed on the car;
  • Taxi drivers are subject to general requirements regarding the safety and technical condition of the car.

The document that the driver must have is called a “permit,” but it is incorrectly called a license.

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