License for the carriage of goods by road. Do I need a license to carry passengers and freight. General rules for issuing and obtaining a license for carrying out transportation, including international

Licensing of transportation is carried out according to the rules established by the law "On licensing ..." dated 04.05.2011 No. 99-FZ (hereinafter referred to as the law No. 99-FZ) and other regulations. This article explains how to obtain a license for transportation by all types of transport.

Licensing of passenger road transport

Licensing road transport passengers are made by virtue of clause 24 h. 1 of Art. 12 of Law No. 99-FZ in the manner set out in the regulation on licensing transportation by road, approved. Resolution of the Government of the Russian Federation of February 27, 2019 N 195 (hereinafter - the Regulation).

Note! The regulation is valid from 01.03.2019 to 01.01.2021.

The regulation established that:

  1. Any activity involving the carriage of passengers and other persons by buses is subject to licensing, even when the carriage is carried out for one's own needs or on orders.
  2. A license is not required if people are transported by buses of special services (police, ambulance, rescuers, etc.).
  3. Permits for regular transportation of passengers between cities or within a city with a suburb is issued by the territorial bodies of Rostransnadzor - the departments of the State Avtodornadzor for the subject of the Russian Federation or interregional departments.

Section II of the Regulation lists the requirements for a license applicant:

  • appointment of a security officer road trafficpassed certification;
  • availability of a license to organize and conduct their pre-trip / post-trip medical examination or an agreement concluded with a specialized organization;
  • ownership of buses.

How to get a license for transportation by road

To obtain a license for the carriage of passengers, you need to send an application to the body that carries out activities on car licensing transportation.

Copies of the following documents are attached to the application:

  • an order on the appointment of a person responsible for ensuring road safety;
  • an agreement with a medical organization for a pre-trip / post-trip examination;
  • vehicle registration certificates for all buses;
  • documents confirming the ownership of buses, if they are not the property of the applicant.

And also an inventory of the attached documents.

Important! Bus information is included in the license register. It is prohibited to use buses that are not included in the register to transport people.

Rules for the carriage of passengers by road and city electric transport

To obtain a license and conduct activities for the transportation of passengers and goods by road and electric transport, the carrier must take into account the requirements:

  • charter, approved. Law of 08.11.2007 No. 259-FZ;
  • specifying its provisions (see above the requirement of the applicant's compliance with other normative acts, contained in paragraph 4 of the regulations on licensing).

If these requirements are not met, the licensing authority may refuse to issue a license or suspend an already issued one (part 1 of article 20 of Law No. 99-FZ).

The procedure for transporting passengers, including with luggage, buses and light taxis, including by order, as well as trams and trolleybuses, is regulated in detail by the Rules, approved. Decree of the Government of the Russian Federation of February 14, 2009 No. 112 (hereinafter - Rules No. 112).

The Rules also approved the forms and requisites of tickets, receipts for hand luggage and baggage receipts.

So, when transporting passengers, the carrier must:

  • follow the travel schedule;
  • embark and disembark passengers at stopping points;
  • equip the vehicle with signs and route diagrams;
  • issue waybills, etc.

Transportation of goods by buses and city electric transport

Detailed regulations for the implementation of cargo transportation by ATS are set out in the Rules, approved. Decree of the Government of the Russian Federation of April 15, 2011 No. 272 \u200b\u200b(hereinafter - Rules No. 272).

  1. The conclusion of a contract for the carriage of goods is confirmed by a bill of lading handed over by the shipper.
  2. The bill of lading form is approved in Appendix 4 to Regulation No. 272.
  3. The carrier is given 3 days to review the customer's application.
  4. Within the agreed period, the carrier transfers the vehicle to the shipper for loading.
  5. If the submitted vehicle turns out to be faulty, it is considered a failure (clause 24 of Regulation No. 272).
  6. The cargo must have basic, additional, information labels, handling signs. By default, the shipper is responsible for marking the cargo, but the parties can agree that the charterer will make all these labels.
  7. If the cargo is loaded / unloaded by removing the container from the vehicle, then an accompanying sheet is drawn up, etc.

Licensing of air passenger and cargo transportation

The procedure for licensing air transportation of passengers is established by the regulation, approved. Decree of the Government of the Russian Federation of 05.05.2012 No. 457:

  1. The Federal Air Transport Agency is engaged in licensing of transportation.
  2. Both charter and regular transportation are subject to licensing.
  3. To apply for a permit, you must have an aircraft, an operator certificate and follow the rules of air transportation.

The same Federal Air Transport Agency is engaged in licensing the transportation of goods by air.

Licensing requirements for the carriage of goods are similar to the requirements for licensing the transportation of passengers:

  • the applicant must have his own or leased aircraft with a certificate of airworthiness and an operator certificate;
  • the applicant must comply with the rules of air travel.

Railway Licensing

Licensing of railway transportation is handled by structural subdivision Rostransnadzor - Goszheldornadzor.

It issues permission:

  • for transportation of passengers in suburban and long-distance traffic;
  • transportation of dangerous goods.

Moreover, for long distance passenger transportation is licensed by type of train: passenger, high-speed and fast.

Licensing requirements are listed in clause 4 of the provisions, approved. Decree of the Government of the Russian Federation of March 21, 2012 No. 221. These are:

  1. Compliance with the rules for the carriage of passengers established by a number of regulations.
  2. Availability of own or leased railway rolling stock and equipment.
  3. Creation of an emergency response department in the structure of the applicant organization or conclusion of an appropriate agreement with a third-party organization.
  4. Mandatory presence in the state of the organizer of passenger transportation, complying with qualification requirements, the person responsible for traffic safety and operation of the train, drivers.

To obtain permission, an application is sent with documents confirming compliance with licensing requirements.

Note! The procedure for licensing the carriage of dangerous goods by rail is similar to the procedure for issuing a permit for the carriage of passengers.

Licensing of water / sea transport

The regulation on licensing the transportation of passengers and goods, including hazardous ones, by inland waterway and sea transport was approved by the Decree of the Government of the Russian Federation of 06.03.2012 No. 193:

  1. The license is issued by Rostransnadzor according to documents obtained from Gosmorrechnadzor.
  2. The licensing requirements for obtaining a permit for any type of activity are the same, the documents presented are the same.
  3. As in all other cases, information about the beginning and termination of the carrier's activities is published in the media (Article 21 of Law No. 99-FZ).

Note! The procedure for licensing international transport by sea is no different from the procedure for obtaining a permit to operate a carrier on the territory of the Russian Federation.

The licensing requirements and the list of documents are the same.

General rules for issuing and obtaining a license for carrying out transportation, including international

In this section, summarizing the above, we will tell you about the procedure for issuing and obtaining a license for transportation:

  1. General rules registration of permission are established by Art. 13, 14 of Law No. 99-FZ.
  2. The applicant sends an application to the licensing authority with documents confirming compliance with the license requirements. They can be issued on paper or electronically.
  3. List required documents specified in the regulation on the licensing of road transport and similar regulations for each type of transport.
  4. The licensing authority does not have the right to demand documents outside the approved list.
  5. Documents are handed over according to the inventory, a copy of which is returned to the applicant with a preliminary note on the date of receipt of the application.
  6. Within 3 days, the licensing authority decides whether to consider the received application or not.
  7. The decision to issue or refuse to issue a license is made within 45 days from the date of receipt of the application (clause 1 of article 14 of Law No. 99-FZ).
  8. If the licensing authority decides to issue a license, then an order for its issuance is immediately issued, which, together with the license, is registered in the register.
  9. The license is sent to the applicant within 3 working days after registration.
  10. The issued license is valid indefinitely.
  11. During the validity period of the license, the licensing authority conducts documentary, scheduled and unscheduled inspections.
  12. If, as a result of the inspection, violations are found, the carrier is brought to administrative responsibility, and the license is suspended.
  13. The license can be canceled due to the termination of activities by the licensee or by the court.

Responsibility for transportation without a license or in violation of its requirements

The legislation on licensing does not actually contain any measures of responsibility, but only indicates such unpleasant consequences of violation of licensing requirements, such as:

  • suspension of the license (carried out by the licensing authority if there is a validated resolution on the violation of the license requirements in relation to the subject);
  • cancellation (carried out by the court at the request of the licensing authority, if the licensee repeatedly grossly violated the requirements of the license) and subsequent termination (by a court decision, the cancellation is made by the licensing authority).

As indicated, the suspension occurs only if the licensee is brought to administrative responsibility. The latter is provided for in paragraphs. 2, 3.4 st. 14.1 of the Code of Administrative Offenses of the Russian Federation.

Important! The measure of responsibility for non-compliance with the rules of passenger transportation is established federal body, the subject of the Russian Federation does not have such a right (definition of the Armed Forces of the Russian Federation of 15.07.2015 No. 33-APG15-13).

In this way, general order licensing of passenger transportation and transportation of dangerous goods by road, air, railway and water / sea transport is established by law No. 99-FZ and is regulated in detail by the provisions, approved by the Government RF, departmental acts.

Southern Federal District

Volga Federal District

Ural federal district

Siberian Federal District

Central Federal District

Northwestern Federal District

Southern Federal District

Volga Federal District

Ural federal district

Siberian Federal District

Far Eastern Federal District

North Caucasian Federal District

Central Federal District

Northwestern Federal District

Southern Federal District

Volga Federal District

Ural federal district

Siberian Federal District

Far Eastern Federal District

North Caucasian Federal District

Central Federal District

Northwestern Federal District

Southern Federal District

Volga Federal District

Ural federal district

Siberian Federal District

Far Eastern Federal District

North Caucasian Federal District

Permitting documents

List of registers of licenses / permits issued by Rostransnadzor

Motor transport and road facilities

Water transport

Railway transport

Air Transport

Search for permits

The current legislation provides for licensing certain types transport services... A license for cargo transportation is a document that gives the right to engage in a certain type of activity in this area. The body that issues such a permit to transport companies is the Ministry of Transport and Communications (represented by transport inspections).

The main activities of transport organizations (subject to licensing):

  1. Provision of services for the transportation of passengers using light motor vehicles - permission is required if the purpose of this type of activity is to generate income.
  2. Carrying out cargo transportation by road in the event that its carrying capacity is more than 3500 kg - the exception is situations when the movement of goods is necessary for an economic entity to fulfill its production tasks.
  3. Provision of services for the carriage of passengers using road transport, which is intended for more than eight people - here the need to ensure the production activities of the enterprise is also an exception, or individual entrepreneur.

For such a type of activity as cargo transportation, a license is necessary in the listed situations. In order to obtain this permit, the licensing authority must be provided with a package of documents confirming the company's ability to provide transport services.

List of required documents for registration of a license:

  1. Copies of title documents certified by a notary, registration certificate for transport.
  2. Bank details the person for whom this permission is being issued.
  3. Copies of available documents confirming the compliance of the qualification level of employees and the timeliness of passing certification of persons who are responsible for ensuring traffic safety.
  4. Parking space availability data or parking agreement.
  5. The document confirming the fact of payment of the state fee is submitted in the original.

In addition, simultaneously with the submission of the listed documents, an application form for obtaining a license is filled out at the transport inspection. To consider a package of documents at the legislative level, a month is stipulated, after which a license is issued, or a written reasoned refusal with a mandatory indication of reasons (in practice, the review procedure takes no more than two weeks). On average, such a permit is issued for a three-year period, but at the request of the applicant, this period can be reduced.

A license for cargo transportation is also required if it is of an international nature. In this situation, the list of documents provided is extended. In addition to the main list, it is necessary to provide a document confirming the passage of the relevant training in international transport by road, work experience.

Positive points:

  1. When submitting an application, the licensing authority cannot require documents that are not provided for by the law.
  2. Also, the legislation stipulates a list of transport services, for the provision of which you need to obtain a license.
  3. For help in obtaining a permit, you can contact specialized organizations, which will significantly reduce the time of its receipt.

Attention, some freight licenses have been canceled. See below

JiAr ElEs lawyers help to obtain a license for cargo transportation for intracity, intercity and international transportation of goods. You can order from us a license for the transport of goods on a turnkey basis. When issuing a permit for the implementation of cargo transportation, we fully undertake the passage of all stages of preparation of documents that will be needed to obtain a permit, and protection of your interests when considering an application for a license for cargo transportation by road.

The economic activity with the help of which freight transportation is organized is called freight forwarding activity. Freight forwarding activities carry out functions that control cargo transportation, including sending and receiving cargo, as well as other operations related to freight forwarding.

There are several types of licenses for the transportation of goods:

  • License for commercial transportation of goods on the territory of the Russian Federation;
  • International license for the transportation of goods outside the country;
  • Limited license for transporting your own cargo on a non-commercial basis.

Relatively speaking, we carry out obtaining the following types of licenses for the transportation of goods:

1. License for the carriage of dangerous goods (canceled); Instead, it requires special permit for the carriage of dangerous goods;

3. License (canceled); Instead, it requires admission to international transportation cargo;

4. License for the carriage of goods by road (canceled);

5. License for transportation of goods by rail;

6. License for the carriage of goods by air;

7. License for cargo transportation by water transport;

8. Hazardous Waste Transportation License (canceled); - instead of it, the MSW License (License for the neutralization and disposal of waste of I-IV hazard class)

Urgent obtaining a license for the carriage of goods

Professional lawyers of JiAR ELS will help you urgently obtain a license for cargo transportation, both in Russia and for international cargo transportation. Our specialists have gained considerable experience in obtaining permits for the transportation of goods, and the established contacts contribute to the quick obtaining of licenses from licensing authorities in Moscow and St. Petersburg. The process of obtaining a license for the transportation of goods is approved by the Law. The body issuing licenses for the transportation of goods by road is federal Service on supervision in the field of transport.

When a license to transport goods is not needed

In order to strengthen legal regime operation of certain types of transport and the establishment of additional state control in the field of transportation in the Russian Federation, licensing is applied transport activities... The essence of this licensing mechanism is the issuance of a document on the basis of which permission to use vehicle for a certain type of transportation.

This issue affects the scope and regulation of the transport services market, has distinctive features legal regime and the established procedure for obtaining such a license. We will analyze in detail the key issues of licensing and certain types of transportation (primarily passengers and cargo), and also consider the regulation of transport issues in the territory of the Russian Federation.

Understanding the Federal Law "On licensing certain types of activities" dated 04.05.2011 No. 99-FZ

The key regulator of licensing of transport activities on the territory of the Russian Federation is the Federal Law "On Licensing of Certain Types of Activities" dated 04.05.2011 No. 99-FZ ( further - Law No. 99-FZ). Within the framework of Law No. 99-FZ, the following key issues are resolved:

  • the implementation of activities is regulated government agencies on licensing (Art. 7);
  • the types of services in the field of transport are determined, which require a license (Art. 12);
  • the procedure for acquiring a license has been established (Articles 13-14);
  • the procedure for organizing control over licensing of transportation was regulated (Article 19);
  • the basis for the functioning of a single information resource - register for issuing a license.

In general, the issue of licensing concerns the following types of transportation of passengers and goods:

  • on inland waterway transport;
  • by air transport;
  • road transport;
  • railway transport;
  • by sea transport.

It should be noted that at the moment on the territory of the Russian Federation licensing is carried out only for the established list of services related to transport. The sphere of passenger and cargo transportation provides for obtaining a license only if the activity is carried out by rail, air, water (including on sea vessels) mode of transport.

Carriage of passengers

The issue of carriage of passengers by road is carried out on the basis of a license only if there are more than 8 seats in the car, and the exception is the execution of such work on orders or to meet their own needs (both a company and an individual entrepreneur).

Obtaining a license for the right to engage in transport activities is of a declarative nature. Statement on behalf of legal entity or an individual entrepreneur is subject to filing with the licensing authority. A package of documents with an inventory must be attached to the application, the list of which depends on the type of licensed activity.

The issue of certification of transport activities within Federal law "On technical regulation" dated 27.12.2002 No. 184-FZ concerns the norms of confirmation that a specific object related to transport activities complies with the official standards adopted in the territory of the Russian Federation. For example, it is necessary to confirm the conformity of the quality of wagons for urban and suburban transport and electric transport before direct operation.

Transportation of goods or freight forwarding activities

Freight forwarding activity is the provision of services in the field of cargo transportation. A feature of this type of activity is the duty of the forwarder to accept the goods, transport, deliver and fulfill a number of additional duties related to transportation. Additional obligations established under the contract of freight forwarding are accepted in fulfillment of the customer's needs, for example, for storing cargo, passing customs procedures, etc.

In accordance with the current version of Art. 12 of Law No. 99-FZ, the list of activities requiring a license does not contain any mention of transport and forwarding activities, and this is due to a change in the provisions of the Federal Law "On Road Safety" dated 10.12.1995 No. 196-FZ. The fact is that in the wording of the presented law, before January 12, 2003, there was Article 7, according to which freight forwarding services belonged to one of several activities related to road safety. In accordance with this provision, an obligation was provided for licensing this type of activity. Currently, this article 7 of the law under consideration has lost its force. Thus, in accordance with the current legislation, freight forwarding activities in the Russian Federation do not provide for licensing.

How is the licensing of transportation in the Russian Federation

Summarizing the above, we will highlight the key points, by what criteria and how the licensing of transportation in the Russian Federation takes place.

A license is issued by an authorized territorial licensing body and is carried out at the request of an interested person, if such services are subject to licensing.

Note!

Transportation of goods by road on the territory of the Russian Federation is not involved in licensing, as well as the transportation of passengers up to 8 people, or to meet their own needs.

You should take responsibility for the implementation of the types of activities defined by Law No. 99-FZ, timely obtain licenses, information on which must be included in the state information register. The importance of this procedure lies in the increased degree of danger associated with the involvement in the implementation of the activities of the facility increased danger - vehicle.

In the absence of experience in the implementation of the licensing procedure, we strongly recommend using the services of specialized specialists who will help you collect the required package of documents, draw up an application and send it to the territorial licensing authority.

Appeal to legal services accompanied by the payment of remuneration established by a bilateral agreement. The cost of services will depend on the volume of the proposed work, the spent working time of the lawyer, his experience and reputation, as well as the region where the services are provided. It is obvious that in Moscow the amount of remuneration will be much higher than in the periphery, which is due to more high level life of the working population.

Note that there is no need to contact a lawyer personally for advice on licensing transport activities - such assistance can be provided remotely. Our legal resource has the ability to provide online advice in a short time, and our qualified lawyers will help you carry out the licensing procedure within the framework of the current legislation.