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Clarification of certain provisions of the Federal law "On the organization of regular transportation of passengers and luggage by motor vehicles and urban land-electric vehicles in the Russian Federation and on introduction of amendments to certain legis

Clarification of certain provisions of the Federal law "On the organization of regular transportation of passengers and luggage by motor vehicles and urban land-electric vehicles in the Russian Federation and on introduction of amendments to certain legislative acts of the Russian Federation"

 

Federal Law dated 07.13.2015 number 220-FZ "On the organization of regular transportation of passengers and luggage by motor vehicles and urban land-electric vehicles in the Russian Federation and on introduction of amendments to certain legislative acts of the Russian Federation" regulates relations on organizing regular road transport of passengers and baggage and urban land-electric vehicles, including the relations connected with the establishment, modification, cancellation of routes of scheduled traffic, admission of legal entities and individual entrepreneurs to the implementation of a regular service, using for regular transport of objects of transport infrastructure, as well as the organization of monitoring the implementation of regular traffic.

Since 07.15.2016 the provisions of art. 40 of the Law to introduce amendments to the Russian Federation Code of Administrative Offences (hereinafter - the Administrative Code) take effect.

According to the analyzed norm chapter 11of the Administrative Code is supplemented by art. 11.33, establishing liability for violation of the use of the bus, tram or trolleybus.

So, getting on a bus, tram or trolley bus or getting off a bus, tram or trolleybus by passengers in undesignated places is punishable by an administrative fine on the driver in the amount of three thousand rubles. Repeated commission of an administrative offense is punishable by an administrative fine on the driver in the amount of five thousand rubles (parts 1, 2 art. 11.33 of the Administrative Code).

Night time parking a bus, tram or trolley used for regular passenger services, in undesignated places is punishable by an administrative fine on the driver in the amount of five thousand rubles; on officials - ten thousand rubles; on legal entities - twenty thousand (Part 3 of Art. 11.33 of the Administrative Code). 

Use for regular transportation of passengers of a bus, tram or trolleybus in the absence of regular transport route card if the presence of such a card is a must is punishable by an administrative fine on the driver in the amount of five thousand rubles; on officials - thirty thousand rubles; on legal entities - three hundred thousand (Part 4 of Art. 11.33 of the Administrative Code).

Using the bus, tram or trolley with characteristics different from those provided by the regular transport route card, is punishable by an administrative fine on officials in the amount of ten thousand rubles; on legal entities - twenty thousand rubles (Part 5 of Art. 11.33 of the Administrative Code).

For the above administrative offenses, persons engaged in entrepreneurial activities without forming a legal entity, shall bear administrative responsibility as legal entities.

Furthermore, in accordance with art. 30 of the Law the Administrative Code is supplemented with article 23.36.2, which establishes that the executive bodies of subjects of the Russian Federation, exercising the state control in the field of transport of passengers and luggage by road transport and urban land-electric vehicles, consider cases on administrative offenses, provided by article 11.33 of this Code, if agreements between the federal executive authorities and executive authorities of the Russian Federation provide the transfer of the implementation of these powers. The heads or deputy heads of the relevant executive authorities of the Russian Federation are entitled to consider cases about administrative offenses on behalf of the bodies referred to in part 1 of this Article.

By the prosecutor's office of the city of Chelyabinsk the supervision in the sphere of passenger transportation by motor vehicles is under constant control. Taking into account the above provisions of the current legislation, which enter into force in July this year, the prosecutor's office of the city in order to ensure compliance with transport safety legislation in cooperation with the competent supervisory authorities and the city Administration is now carried out work aimed at the development of a methodology for joint checking measures with regard to legal entities and individual entrepreneurs engaged in the transportation of passengers in the city.

 

 

The assistant of the city prosecutor

 

lawyer of the 1st Rank M.E. Kirtyanova