License for the carriage of goods by road. Features of licensing the transport activities of organizations. How to get a license for transportation by road

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 modes 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 car, approved Resolution of the Government of the Russian Federation dated 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:

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

The conclusion of a contract for the carriage of goods is confirmed by a bill of lading handed over by the shipper.
The bill of lading form is approved in Appendix 4 to Regulation No. 272.
The carrier is given 3 days to review the customer's application.
Within the agreed period, the carrier transfers the vehicle to the shipper for loading.
If the submitted vehicle turns out to be faulty, it is considered a failure (clause 24 of Regulation No. 272).
The cargo must have basic, additional, information labels, manipulation signs. By default, the shipper is responsible for marking the cargo, but the parties can agree that the charterer will make all these labels.
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:

The Federal Air Transport Agency is engaged in licensing of transportation.
Both charter and regular transportation are subject to licensing.
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:

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

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:

The license is issued by Rostransnadzor according to documents obtained from Gosmorrechnadzor.
The licensing requirements for obtaining a permit for any type of activity are the same, the documents presented are the same.
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.

License requirements and 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:

General rules registration of permission are established by Art. 13, 14 of Law No. 99-FZ.
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.
List required documents specified in the regulation on licensing road transport and similar regulations for each type of transport.
The licensing authority does not have the right to require documents outside the approved list.
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.
Within 3 days, the licensing authority decides whether to consider the received application or not.
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).
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.
The license is sent to the applicant within 3 working days after registration.
The issued license is valid indefinitely.
During the validity period of the license, the licensing authority conducts documentary, scheduled and unscheduled inspections.
If, as a result of the inspection, violations are found, the carrier is brought to administrative responsibility, and the license is suspended.
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 administrative offenses RF.

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).

Thus, 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.

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):

Provision of services for the carriage of passengers using light motor vehicles - a permit is required if the purpose of this type of activity is to generate income.
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.
Provision of services for the carriage of passengers using road transport, which is intended for more than eight people - here, the exception is also the need to ensure the production activities of an enterprise, or an individual entrepreneur.

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

List of required documents for registration of a license:

Copies of title documents certified by a notary, registration certificate for transport.
Bank details the person for whom this permission is being issued.
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.
Data on the availability of parking spaces, or agreement with the parking lot.
The document, which confirms the fact of payment of the state duty, 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:

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

In the previous article, we described the features of the transportation of goods with large dimensions. In particular, a separate emphasis was placed on the preparation of documentation for this. Likewise, a permit for the carriage of heavy goods is required.

At the same time, it should be noted that in many legislative acts the concept of heavy cargo is replaced by the term heavy transport.

However, be that as it may, under a heavy load in everyday life is meant one whose weight exceeds the permissible mass of the vehicle or the maximum axle load. At the same time, the minimum threshold for exceeding a permit is 2 percent.

In this article:

Issuance of a permit for road transport by heavy transport

Before obtaining a permit for the transportation of heavy cargo, the representatives of the carrier will have to go through several stages. First of all, they provide for the preparation of all the necessary data for filing an application.

They include the collection of documents for transport and cargo. In addition, a diagram of the upcoming route should be worked out graphically. It should be remembered that the instruction for the carriage of heavy goods presupposes that a separate permit is issued for each route.

If there are no complaints about the application and the documents attached to it, then the issuing authority will begin to work on agreeing the upcoming route. The owners are also involved in coordinating the route. highways or services that maintain highways in good condition, as well as traffic police (in the case of heavy cargo, this does not always happen).

Simultaneously with the approval process, the authority responsible for the condition of the roads calculates the compensation for damage that may be caused to the roadway when moving heavy vehicles. This amount will have to be paid by the carrier before obtaining permission.

The procedure for obtaining a permit and the period of its validity

When all approvals from the road owners are received, a permit is issued, which is sent to the traffic police to approve the upcoming route of travel. After that, this document is returned back with the marks of the traffic police about the need to provide escort and establish a special mode of movement.

The issued permit is handed over to the applicant. By general rule the whole process takes 15 days.

However, if the transportation involves work on the arrangement of the road, adjacent facilities, as well as utilities, then the period for issuing a permit is extended for an appropriate period. In this case, all costs must be compensated by the permit recipient.

The document itself is valid for 3 months and covers no more than 10 trips in the framework of road transport of heavy cargo. The permit is printed on two-sided form with degrees of protection.

The front side contains information about vehicle, type of cargo, route of travel, initials and position of the person responsible for issuing the permit, etc.

The reverse side contains information about escort, traffic features, road owners through which the cargo is to be transported.

Separately, the driver's signature must be present stating that he is familiar with the rules for the transportation of heavy cargo.

Who issues the permit

Several authorities are authorized to issue a special permit for the carriage of heavy cargo at once, depending on the status of the road and the route of movement.

So, if the transportation of heavy cargo by road is planned on federal highways or between several regions of the Russian Federation, then you should apply to Rosavtodor with an application. The same structure issues a permit for the carriage of goods in international traffic.

When transportation will be carried out within the framework of the region, then the regional structures responsible for the state of the road facilities are in charge of issuing a permit.

If the transportation of heavy goods takes place inside the settlement, then the local government is responsible for issuing a permit.

Finally, if you plan to drive the cargo on a private highway, then you should apply directly to its owner for permission.

A clearer idea of \u200b\u200bwhere to submit all documents for a permit can be obtained on the Rosavtodor portal. It is also easy to see there which body is responsible for the respective roads.

How much will it cost to obtain a permit

The applicant's financial costs will include three components. First of all, it is the state duty. In 2016, its size is 1,600 rubles, regardless of who is the carrier.

In addition, it will be necessary to compensate for the possible damage that can be caused to the road surface during the movement of heavy vehicles.

The amount of compensation is calculated upon approval of the permit by the body monitoring the condition of a specific section of the road. At the same time, the standards approved by the Government of the Russian Federation are taken as the basis. However, in any case, this cost item is communicated to the applicant in advance.

If the carriage of goods requires additional road works (including infrastructure facilities), then the applicant will reimburse all costs incurred. Otherwise, the permit is refused.

Subject to the provision of payment documents for all of the above expenses, the permit is issued to the carrier literally the next day.

Why do you need a permit for the transport of heavy cargo

The carriage of heavy goods today is prohibited without a separate permit. Otherwise, there may be administrative responsibility prescribed in Art. 12.21.1 Administrative Code of the Russian Federation.

Its size depends on how much the mass of the transported cargo was higher than the permissible one. Moreover, both the driver and the carrier himself or his management can be punished.

Thinking about obtaining permission, you need to take into account the financial component of the process based on the payments that we talked about in the previous article.

8. What documents are required to obtain a license?

To obtain a standard license for the carriage of goods, except for hazardous ones, within the Russian Federation, an applicant, a private entrepreneur, must submit the following documents to the Transport Inspectorate:

1. Application for a license - standard application forms are issued at the transport inspection.
2. Certificate of registration as a private entrepreneur - copy + original.
3. Certificate of registration with the State Tax Inspectorate, or certificate of registration of an entrepreneur with a mark of the State Tax Inspection.
4. Data on the available vehicles (PTS, vehicle registration certificate) - if you are not the owner of the vehicle, you need a power of attorney for the vehicle, or a lease agreement.
5. Data on fixed assets, means and forms of control ensuring the fulfillment of the requirements for road safety and fire safety - instead, a contract for maintenance your car, service book, or documents confirming that you regularly pass MOT 1 and MOT 2 (for example, payments from any car service).
6. Declaration of the availability of own parking, or storage capacity vehicles in other places allowed for this - you can submit to TI a contract with a parking lot, stubs of receipts for paying for any parking, a pass to a garage-building cooperative, bring an extract from the BTI, which is 20 km away. from Moscow (or 120) there is a piece of land (house, cottage, garden) where you park your car. You can take from a friend who has such a plot, a statement that he does not mind your car standing in his middle of the garden. In short, it all depends only on your imagination.
Here is the entire list of documents required to obtain a license.

If you receive a license for a legal entity, in addition to the above documents, you must submit to the TI:
7. Copies of constituent documents (if not notarized, then original + copy)
8. Data on the composition and qualifications of specialists of the enterprise (legal entity) for the licensed type of activity and road safety.

9.To obtain a license, the transport inspectorate demanded to present a driver's license and a medical book (options - a sanitary passport, a vehicle maintenance ticket, a log book waybills etc.).

In answer to the previous question, we have given Full list documents that must be submitted to the TI for issuing a license (clause 5 of the Decree of the Government of the Russian Federation "On approval of the regulation on licensing transportation ..."). In addition, in accordance with paragraph 8 of the above Resolution "it is prohibited to demand from the applicant documents not provided for by this Regulation."So on this fact, it is necessary to file a complaint with the head of the TI, or with the Ministry of Transport of the Russian Federation. However, it must be borne in mind that the above documents may be required from you in the TI, in the case of an inspection. Inspection check is carried out on a special assignment, which is registered in the log of inspections, signed by the Head of the TI, certified by the official seal. The results of the check are documented in a special act, a copy of which is issued to the person being checked. By the way, the act provides for a special column for comments, explanations, etc. So do not hesitate to fill it out if something does not suit you.

10. When trying to obtain a license at TI, they require the provision of a certificate of completion of the Professional Training courses, without certification, documents are not accepted.

As stated earlier,the package of documents submitted for licensing includes "Data on the composition and qualifications of the company's specialists (legal entity)on licensed type of activity and road safety ". But private entrepreneurs are not legal entities. but Order No. 75 of 22.06.98 "On approval of qualification requirements for specialists of legal entities and individual entrepreneurs who transport passengers and goods by road", Ministry of Transport of the Russian Federation , obliged all private entrepreneurs to study according to the qualification training program. However, due to the fact that this requirement not specified in the Government Decree No. 322, the obligation of the entrepreneur to study, is formalized by the prescription issued by the TI. The lack of a certificate of completion of the above courses cannot be a reason for refusing to accept documents and issue a license. However, failure to comply with the instruction on training entails the suspension of the license.

Drivers, private entrepreneurs who do not use the labor of hired drivers, are trained according to the program "Qualification training in the organization of road transport within the Russian Federation", the program is divided into 82 hours and 32 hours. Drivers who do not have higher or specialized technical education in the automotive field pass 82 hour program. 32 hour program, respectively, for those with a similar education, received over 5 years ago. If before 5 years ago, you don't need to study.

Private entrepreneurs using the labor of hired drivers, except for " Qualification training"are taking courses on road safety.

But as mentioned earlier, without credentials you must issue a license.

List of educational institutions teaching on the above programs.

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 transportation of goods on a turnkey basis. When issuing a permit for 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.

Economic activity, with the help of which freight transportation is organized, is called 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 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 for international carriage of goods;

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 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 carriage 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.