How to get a taxi license without opening an IP? How to make money with a private cab Is it possible to do a cab without h.p.

Over the past decades, there has been a trend in the expansion of traffic flows all over the world, which, of course, is reflected in the field of passenger transportation, including road transport. In most million-plus cities, public transport is in too much demand, which is very difficult to fully satisfy, so private transport is becoming increasingly popular. In this article, you will receive information on how to make money as a private driver in the difficult conditions of the modern market.

How to get ahead of competitors

There are really a lot of taxi services lately, and they are only expanding - it is rare that taxi cars have a long downtime. In such conditions, it will be quite difficult for a private cab driver to “break through” and stay afloat, adhering to fair competition, but there are several ways to do this, one of them is quite effective and is called “niche narrowing”.

The essence of the “niche narrowing” method is to organize a private taxi service that will specialize exclusively in the so-called non-standard transportation. Extraordinary shipments include:

• Transportation of people in the amount of 4-6 people.
• Transportation of oversized cargo (for example, any furniture).
• Transportation of small children (according to current legislation, children under the age of 12 must be in a car in special child seats).

Yes, all these transportations can be made with the help of a regular taxi service, asking to send a Gazelle or another similar type of car, but then the cost of transportation will increase significantly. The “trick” of your taxi service will be that such transportation will be carried out using station wagons, an excellent example of which is Lada-Largus, a domestic car that can accommodate 7 people (it has 3 rows of seats, one of which develops, increasing the trunk several times). Accordingly, since you use vehicles with lower fuel consumption, you can make the price of your transportation several times lower than that of competitive companies, so you will attract customers with the benefit of your offer.

Legal aspect of private transportation

If we, in principle, figured out how to make money by private cab, then we must not forget about the legal side of the issue. To get started, you should register as an individual entrepreneur. This requires the following documents:

• Application for opening an IP (an example can be found on the Internet).
• Photocopy of TIN.
• Photocopy of the passport.
• Receipt of payment of the state duty (payment is made at Sberbank).
• Application for the transition to a simplified taxation regime (if desired).

After that, you need to obtain a license to “transport people and cargo by passenger taxis”, you can do this at the local government in your place of residence. Without a license, in accordance with existing legislation, you will not be able to carry out activities of this kind. It is quite simple to do this when you have already issued an IP. This requires the following documents:

• Photocopy of the passport.
• Certificate of establishment of IP.
• Extract from the Unified State Register of Individual Entrepreneurs.
• Passport of the Technical Means and a certificate of its registration with the traffic police.

In order not to go bankrupt in case of unforeseen circumstances and, moreover, not to go into the red, do not forget about car insurance.

How much money is required to open this business

If you have your own car for private transportation, then you can start this business with little or no investment. You only need to register as an IP (individual entrepreneur), it will take about $30.

If you do not have a car, then add the cost of the car to this amount. In principle, it is not necessary to buy a new car, you can start with a used one. Behind $3000-$4000 you can buy a car in good condition.

How to find clients

When you have fully completed all the documents, the question “where to get clients?” sharply arises. The easiest and most convenient way is the ability to join other taxi services, and not just one, but several at once. Organizations in this case leave you freedom of action, but they can also give orders using your mobile phone number. Naturally, part of the amounts received for these orders will go to the taxi services on whose balance you are standing, but usually it does not exceed 20% of the order amount. You can also cancel the order without any problems if it is inconvenient for you.

Drivers who work in this way earn a much higher income than drivers who work on company vehicles.

Many car owners use their own passenger transport as a means of main or additional income, engaging in private transportation on a temporary or permanent basis. Today, in any city, there are many so-called bombillas that offer taxi services illegally. Despite the fact that this is an entrepreneurial activity, only a small percentage of drivers prefer to register themselves as an individual entrepreneur and obtain a license to provide taxi services.

Meanwhile, since 2012, the legislation provides for an administrative penalty for illegal private transport in the amount of 10 to 30 thousand rubles, depending on the city. In addition to paying a fine, you may also face the removal of numbers or an official ban on the use of your vehicle. It follows from this that for a driver who wants to earn money or earn extra money by private cab, it will be more profitable, easier and safer to do it on a legal basis.

How can you legalize your activity in the provision of taxi services

If you have your own car, and from time to time you bring fellow travelers on a one-time basis, and not on a permanent basis, then this does not require you to take any measures to legalize your activities. But if you work part-time as a taxi driver in your own car in the evenings or on weekends, earning a certain amount of money from this, then this requires you to register. To legalize your activity, you can go in two ways:

1. Register as an individual entrepreneur (IP). It does not take much time and does not require large financial expenses. By becoming an individual entrepreneur, you will largely protect yourself and your income. Indeed, for illegal private transportation, not only fines from the traffic police are expected, but also sanctions from the tax service. Like any activity aimed at making a profit, taxi services are entrepreneurial activities, therefore, they require the transfer of part of your profits to the state. If you are convicted of illegal business activities, then this can deal you a double blow to your pocket. Therefore, in fact, it is more profitable to legalize your activities in both ways: by becoming a legal private cab driver with a valid license. Getting a license is much cheaper than paying double fines to the tax and traffic police. Its cost today averages 5-10 thousand rubles, which is obviously more profitable and will allow you to avoid other problems associated with your work.
2. Get a job in a taxi service that has the right to private transportation. There are probably at least a few companies in your city that provide taxi services to the public, and almost every one of them seeks to increase the territory of their work by inviting new taxi drivers with their own cars to work. Having a license from such a company will allow you to be calm. A good and responsible entrepreneur will tell you what conditions must be met while working in a taxi in order not to receive regular fines from the traffic police.

There are several rules and conditions that must be observed in order to engage in private transportation. They apply both to the appearance of the car and to the conditions inside the car. Here are the main ones:

• the car must have identification marks (lanterns and checkers) indicating that the car is suitable for private transportation;
• transport is painted in the color characteristic of taxis;
• the car has an electronic taximeter;
• in the passenger compartment there is information about the rules for the provision of taxi services - the rules for the carriage of passengers;
• the driver has a check machine or a check book with which the passenger can receive a receipt for payment for the service;
• seat belts are mandatory for all passengers, including those in the rear seats;
• for the transportation of children under 12 years old, there must be a special car seat.

You can independently provide yourself with these attributes of a legal private cab or get them as an employee of another company that provides taxi services. Having a license gives each driver certain advantages. So, it would be nice to ask your management with whom you work to pay for car repairs or partially compensate for the services of inspection and service at a car service. In the event of disputes and complaints from customers, you can get protection from the regulatory authorities.

Important! Even if you are not an individual entrepreneur, but work for a legal entity that has the registration of an individual entrepreneur, you still need to obtain a license to provide taxi services.

How to get a license to provide private transport services

To do this, you need to contact the Ministry of Transport or the local city (district) administration for information, with an appropriate application. Along with it, you must submit the following documents:

• a document confirming your ownership of the car (copy);
• a copy of your passport and/or driver's license;
• power of attorney for the car, if you are not its full owner.

After acceptance and consideration of your application, you will be issued a license for up to 5 years. It will contain the following data:

• your personal data (full name, passport data);
• vehicle information;
• the name of the organization that issued the license;
• data about the company on behalf of which you provide taxi services;
• driver's individual number;
• date of issue of the license.

It should be remembered that not every car owner can obtain a license for frequent driving. To do this, the driver and his car must meet certain requirements and criteria:

• driving experience of 5 years or more;
• the presence of a ceiling with checkers;
• car marking in the form of characteristic squares;
• the presence of a taximeter.

What benefits do you have if you get an official private transport license

At first glance, it may seem that officially registering your car and yourself as a taxi driver is troublesome and unprofitable, but in reality you get certain advantages and bonuses. You can no longer be afraid of fines from regulatory authorities if your car meets the mandatory requirements (see above). Official private cab drivers are highly trusted by large organizations that prefer to order cars to deliver clients, partners and employees as part of airport transfer services, etc. And this is always a guaranteed regular income, often at an increased rate.

You will be able to defend your rights legally when you are presented with illegal claims from the "bombs" who do not want additional competition. Their actions, unlike yours, will be illegal and may result in administrative (and even criminal) punishment. In cases of frank "attacks" and moral pressure, you can enlist the support of law enforcement agencies. Illegal cab drivers are always deprived of such an opportunity.

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Although today a car cannot be called a good investment vehicle, it can still bring certain dividends. To do this, you either need to master the profession of a trucker, having reviewed the series of the same name three times and love to sleep, eat and satisfy other physiological needs in the car, or go to earn money as a private driver. There are also two options here - a taxi, the prices for which in our city bite, but there are quite a lot of companies that offer to earn extra money in this way, or "bomb". If you don’t feel like going to a taxi, but you need to earn money, you can “bomb”, that is, all day long do not take your eyes off the roadside, where no, no, yes, the hand of a tired traveler flashes. Today's issue of the column "how it's done" is dedicated to our journalist's attempts to make money on a private cab. Winter and the crisis, if you believe the forecasts are close, so learning a new profession will not hurt anyone.

I'm going on an editorial assignment, making money with my car. I feel that there will be little earnings, but there will be more than enough stories. Although in Yekaterinburg, as in many civilized cities, taxis are being called more and more often, not many people want to play roulette with fate. Indeed, it's so interesting - and who will be your driver this time?

Although, I don’t share this approach - what kind of games with fate, you never know where someone will deliver. To instill confidence in people, I go to a special task neatly dressed and even shave. On the other hand, I think, and suddenly it will be possible to earn. Why do I need this journalism then? Here everything is simple - you carry people, chat with them, and you also get money. Not so bad!

After talking with friends, I understand that all the romance of a private cab leaves after the first passengers - drunk, half-dead, slovenly dressed or falling into the interior of your car, like a Turetsky choir, ten of them. After tightening the law on the transportation of passengers, carrying random fellow travelers with money is also not entirely legal. At the same time, they described cases of maximum earnings on their “swallow” to me, and here almost everyone admitted that for the sake of this moment, when 1000 rubles are thrust into your palm with the words “no change” or those pair of five-hundred pieces of paper that you find in the car the next morning, “bomb "It's still worth it.

I myself, as a passenger, once got into an interesting situation. Having caught the car driven by Alexey, I suggested that he make a romantic trip to visit a certain girl...whose address was unknown to me! Aleksey, who, probably, saw in this hobby not so much a way to earn money as a way to travel, agreed. On the way, we stopped at a shop for champagne, then looked into a flower shop and all the while I was getting the address. Then 20 minutes of trampling at the door, handing over the gift and leaving for home. Right at the door, when it was time to pay, Alexey took 100 rubles from me for gasoline and left. Romance works wonders even with money!

By the way, some girls always surprised me - they put on a thumb thrown up much more often than in a taxi. On the one hand, it’s a sin not to give a ride to a pretty girl for nothing, but on the other hand, what the hell is not joking. Looking ahead, I will say that most of my passengers were the fair sex. Not in vain shaved and dressed! True, men still liked to talk, while the girls looked out the window all the time. They were probably wondering if I would take them somewhere.

First, I make a travel plan. It is clear that the evening, when the minibuses will shoot back, our people used to believe in a miracle and yellow GAZelles. True, I heard that the prices for travel in public transport are growing, but my rate is the same - as we agree. A good piece of the market was bitten off by the bombed metro to Botanica. Previously, the only way to get to this modern monument of chaotic parking was by car.

By the way, about the price. In Yekaterinburg, negotiating with a driver has never been a problem for us, especially since we did not go often. In St. Petersburg, the local "bombs" were speechless when we, young students, bargained with them for any reason, dumping decent sums. At the same time, for the first time, I saw several cars slowing down in front of a potential client at once. Several years passed, and this became commonplace in Yekaterinburg. At the same time, they also cut, rushing after the client. Pigeons, by God!

I sketched a list of streets that I will drive. Naturally, the entire center is Lenin Avenue, March 8, Malysheva, especially since all the hot spots are located on these highways. Secondly, if the first one does not go, a trip to USTU-UPI, and to Mamin-Sibiryak. Those who knew advised to travel on March 8, near the bus station and in the Mashinnaya area - there are always those who want to go to Koltsovo. It’s a long way to go, and you won’t take anyone back, but you can immediately earn 300-400 rubles.

By the way, I've already done some private transport. Only at that moment I didn’t have a car, and I acted as a navigator. A friend was driving, and I specified the route and talked with the passenger. A sort of navigator-psychologist-observer. I remember exactly those times when the most common change bill was 50 rubles. Now most often they offer 100-150 rubles, but sometimes for 20 rubles they ask to be thrown to the nearest stall.

My car is right-hand drive, so the passenger will have a choice - either sit right behind me (the safest place, by the way), or run around the car. I will say right away - according to my personal statistics, the majority preferred to run around. Likes to sit in front, apparently. Or maybe the seat behind the driver in the old "Japanese" did not seem so safe to them. There were incidents because of the right-hand drive - sometimes a person opened the door with a familiar gesture and almost fell on my knees. Habit what you want. And also alcohol.

My competitors are the wildest Russian auto industry. It is the wildest not because of the condition of the cars, but because of the driving culture of their pilots. Lord, how masterfully they fly up to a potential passenger, seeing a magic signal. Their speed and swiftness would make Michael Schumacher think about advanced training courses. Often they shout something else to you. It's hard to make out, but they'll find something, or they'll find someone. They had to go to the investigators - there with the search for a problem.

On the spot I decided to think about how much to take from passengers. How many rubles? After all, I need to pay for gasoline and my sleep! I figured out how many taxis take, and subtracted 50 rubles. I don't think it's that bad. And with Koltsovo, what to do with your favorite airport? I think that 300 will be the most, especially if you manage to pick up someone there. Let's see who will offer what.

The main problem is that only the developers of Double-Gis know Yekaterinburg thoroughly, but certainly not me. Think you know him? During my trips, I learned about the existence of such highways as Torforezov Street, looked for houses between Parnikova and Teplichnaya streets, learned that Molodyozhnaya Street is not at all near the Youth Palace, and even rang on Zvonkovy Lane. I rang with indignation when the passenger ended up not having the entire amount to pay me. He was lucky that I didn’t need to feed my family - he let me go peacefully.

The problem with street and route recognition was solved by trial and error. I regretted several times that I didn’t take a navigator with me, and only level 80 minibuses can look at the phone and simultaneously steer. At the same time, the passengers themselves vied with each other saying that they would show the way for sure! How many extra kilometers I clocked, guided by the inconsistent explanations of passengers in the likeness - "somewhere exactly here", or "now to the left, and then straight ahead ... or straight ahead, it was necessary first ...". But I was an obedient journalist, so the newly-minted Ivan Susanins were delivered safe and sound to their alleys, streets and courtyards.

My first passenger was a girl of about 20. She asked me to open the trunk for her to put my bag in and I had to get out of the car. She sat down next to me, waved her hand to the guys who saw her off, and for 100 rubles I took her from the Circus to Moscow-Gurzufskaya. We were driving for a short time, when suddenly her phone rang. The same guys who touchingly hugged her in the center called. It turned out that when I went out to open the trunk, I dropped my wallet, in which there were both rights and money. Perhaps you are expecting that on the way back I was stopped by a traffic police officer and took the car away for driving without a license? Thank God, it worked out, but it made me wonder if this is such a profitable business - after all, I could easily lose everything that was in my wallet. Having given the guys 100 rubles earned five minutes earlier for beer, I went on. There are honest people!

Honestly, I did not take everyone on board. When a girl signaled about the desire to pay me for the fare, and a couple of guys were standing next to her, I recalled how, in the same way, we caught a car on a “stool duck” in our youth. Although I used to scold drivers for this, now I understood them perfectly. Night, whatever. Dangerous, dangerous work, will need to demand a raise for this stuff...

Funny case. In the area of ​​the Bus Station, a guy slows me down and offers 400 rubles for a trip to Belinsky-Shchors. I look at the sky in disbelief - there seems to be no sun, it should not overheat, but I myself am already looking forward to easy money. I agree and see how something is being carried from the bushes to the car, only remotely resembling a person. More precisely, a man who fell in an unequal battle with a green serpent. Judging by his appearance, he died a drunken death a couple of hours ago and all this time he was in a horizontal position, while his friends finished drinking what he could not master. Some inner voice shouted to me: "Step on the gas," and the interior of my car was saved!

I'm going further. The guy sits down, he should go to the concrete goods. The area for me is just like those given, where Makar did not drive calves, but at least I will visit there. As we drive, the guy falls asleep in the front seat. I wake him up as soon as we pass the bridge to Malysheva. He jumps up, gives the money and gets out of the car. Where did he need to go? I catch up, I ask. Says it's right here. Okay, I've earned mine. There would be someone to pick up back, but the curbs on the concrete goods are empty.

By the way, thanks to this work, at least I visited the concrete goods and Khimmash. I learned that Koltsovo is not only an airport and it is a dubious romance to look at a plane taking off. It is also an urban-type settlement, where I am taking another passenger. He tells me fascinatingly about the local order and offers to rent an apartment from him. To my question, why did I rent a living space on such a suburb, he answers that I will not have problems with girls, since from this apartment you can also see how planes take off. Say, here is the entertainment program. Come on, I say, the seller of the car also told me that there would be no problems with the girls, but I was taking some guy ... By the way, I took him for 300 rubles.

For the first evening it turned out 800 rubles. I will say that this was my record. Either I was too picky, or I didn’t try to work all night, remembering that tomorrow I would write texts again in the afternoon, but I didn’t get more than 600 rubles. After all, it seems that 100 rubles for a trip is quite an acceptable price. In fact, this money also includes your way back, because my passengers lived in places where no one wanted to go to the center.

Here's luck! Near one of the pubs I gather a whole crowd of lovers to take a walk at night. More precisely, they are almost unable to walk. For 500 rubles I agree to take them all home, I try to hurry up until they are carried away in my car. This is where I get acquainted with the geography of Yekaterinburg in full measure and I swear to myself that I took only 500 rubles. Boys and girls behave like partisans during interrogation by the Nazis - they confusingly name passwords, appearances ... more precisely, their addresses. At that moment, I so wanted to change places with them, but the task of the editors is more important! Take everyone, well, their pubs!

Recalling my youth, I will say that taxis almost defeated private cabs. Previously, there were many more of us who wanted to get from one point to another without unnecessary waiting. Now, it seems that there are several cars for one passenger. How many times have I seen how, while I was talking with a potential fellow traveler, a couple of cars were attached behind, creating a serious preponderance of supply over demand.

As a result, I got tired of driving around the city at night, looking for passers-by who want to turn into passengers, much earlier than the week that they wrote to me in the editorial office. The result is about 1300 rubles in two days. But these days included Friday and Saturday, the most bread days. True, during these evenings I went to Koltsov and delivered funny guys from the pub, so I lost a lot of time. I will say right away that I did not intend to become a professional "bombshell", therefore it is difficult for me to talk about how profitable this occupation is. But during these five days I almost lost my license and all the money, several times I was on the verge of "delusion" in the city, I got acquainted with the Koltsovo and ZhBI microdistricts. It was fun, but unprofitable. It is difficult to say how much gasoline I spent, but I refueled for 1000 rubles. At the same time, there was already some fuel in my tank. But, I associate this with long trips around the edges of the city.

Summing up, I will say that it is hardly worth it for you to do this if you have a permanent job and no experience in driving. There is experience - and you will know where people can stand and when it is better to look for them. I didn’t have this experience, so I didn’t manage to earn it. But I will say that at first it seemed to me that I would fail this task at all, so even small money became a big success. Yes, and they will pay me for the material - after all, there is a profit.

The fight against "bombs", as illegal taxi drivers have long been dubbed by the people, has recently intensified significantly. Perhaps with the advent of Mr. Liksutov to the post of Deputy Mayor of Moscow, perhaps not, however, as it became known, since March 2012. Metropolitan police seized more than 400 cars from illegal taxi drivers in the course of operational and preventive measures. The cars were placed in special parking lots. And no one has ever figured out whether the cars were legally taken away, and whether there are legal grounds for seizing the transport, and how those illegal immigrants were caught? The question remained closed until recently, until the following happened.
By the way, in parallel, the Moscow authorities continue to work on the legalization of the "black cart" market. Motorists wishing to obtain a taxi driver's license can apply to the authorities.
The essence of this struggle, the struggle against the so-called private traders, as practice shows, resulted in such lawlessness and arbitrariness that even I, an experienced person in legal matters, caused great indignation. Have you come to meet a girl at the subway? Looking for a friend? Just stop and sit in the car? Then we go to you! Always yours!! We protect you! No, this is not competition, this is a fight against the bombers in a new way, without evidence, only on the basis of the testimony of the teaching staff, the grounds "for not trusting the world (including m / s 369 from Moscow) judges have no!

Dispute category: about involving a person according to part 2 of Art. 14.1 of the RF Code of Administrative Offensesfor illegal private transport.

Interested party: Inspector of the teaching staff of the Central Internal Affairs Directorate for the Central Administrative District of Moscow

Accused: Mr X (representative - lawyer MYUS PROTECTION)

Judgment of the Magistrate of First Instance:

Recognize citizen X guilty of committing an administrative offense under Art. 14.1 part 2 of the Code of Administrative Offenses of the Russian Federation, and to impose a fine in the amount of 2,000 (two thousand) rubles, and also to recognize the lawful retention of the vehicle of the guilty person for 30 calendar days.

The decision was appealed to a higher court . By decision of the Tverskoy District Court, the decision justice of the peace 369 Moscowcanceled , the proceedings against the accused are terminated.

Brief summary of the case:Citizen X came for his friend who was celebrating a corporate party in one of the restaurants in Moscow late at night. Himself a reveler and asked to meet him in his own car. At the appointed time, leaving the restaurant, he did not find either his
his friend or his car. It turned out that within the framework of the program to combat illegal taxi drivers, carried out by the Main Department of Internal Affairs of the PPS in Moscow, he fell under the hot hands of law enforcement officers along with illegal taxi drivers - a greeter, who, unfortunately, also had an Asian appearance and a non-Slavic dialect.

As a result, the car was detained for 30 calendar days, protocols were drawn up, the case was transferred to the magistrate of 369 districts of Moscow. Despite all the arguments of the accused and his lawyer, the judge found Citizen X guilty of committing an offense, with the favorite wording "there is no reason not to trust the testimony of a police officer." It is worth noting that there is not a single evidence confirming illegal export, and early as the fact of systematic (repeated) provision of services (illegal entrepreneurship) has not been proven. After filing a complaint against the decision of the court of first instance The magistrate's ruling was overruled as unlawful and unfounded., the case against the accused is dismissed.

Lawyer comment: Entrepreneurship, entrepreneurial activity - economic activity aimed at the systematic receipt of profit from production and / or
delivery of goods, provision of services. For this purpose, property, intangible assets, labor of both the entrepreneur himself and those attracted from outside are used. There are no guarantees that the funds spent will pay off, that what is produced will be sold at a profit. Associated with this is the risk of losing all or part of the property. Illegal business - an act that is criminal in accordance with Article 171 of the Criminal Code of the Russian Federation. Legitimate entrepreneurial activity is carried out in the Russian Federation subject to the state registration of a citizen as an individual entrepreneur or the creation of a legal entity in the prescribed manner. Accordingly, it is illegal to carry out entrepreneurial activities without registration or in violation of the registration rules. Thus, in order to establish the fact of illegal entrepreneurship, it is necessary:

1) Each fact of making a profit must be documented (usually a test purchase) with the direct transfer of money in the presence of attesting witnesses and establishing the purpose of the transferred money. Without establishing this fact, other facts are not recognized as valid.

2) The systematic nature of making a profit should be established (2 or more times a year, since there is no concept of systematicity-regularity in civil law, there istax legislation, this concept (twice or more during a calendar year) is given in Art. 120 of the Tax Code of the Russian Federation and is used to hold organizations liable for gross violations of the rules for accounting for income and expenses and objects of taxation.). If only the first fact is proved, the activity cannot be recognized as entrepreneurial, since it is the systematic nature of profit making that is implied by entrepreneurial activity.

In addition, even in the case of transferring money, it is worth sharing the purpose of the transferred money. If this is money for a service - this is one thing, if this is a donation or a gift - quite another. It is impossible to prohibit accepting gifts or accepting donations. In connection with these and many other circumstances, proving illegal business is always very difficult, and often simply impossible. In any case, one cannot neglect the fact that an adequate policeman will come across. Be sure to call your lawyer if you find yourself in a similar case and consult in order to avoid problems in the future. In this case, the Central Internal Affairs Directorate for the city of Moscow will be obliged to compensate for the damage incurred for the illegal actions of incompetent police officers.

Judicial acts:

Indictment:

Administrative case No. 5-533/13

RESOLUTION

Magistrate of the court district No. 369 of the Tverskoy district of the city of Moscow For Tomskaya O. Yu.,

Having considered in open court administrative case № 5-533/13 for hours.2 Article. 14.1 of the Code of Administrative Offenses of the Russian Federation in relation to: XXX registered in ZZZ , married, unemployed, no information about bringing to administrative responsibility earlier,

With a defender H

SET UP:

XXX . carried out entrepreneurial activities without a special permit (license), if such a permit (such license) is mandatory (mandatory), namely, on September 03, 2013 at 01:50 at Tverskaya st., 6, Moscow, he carried out entrepreneurial activity for the transportation of citizens by means of a vehicle without having a special permit (license) for this.

XXX . appeared in court, did not recognize his guilt in the offense, explained that he did not provide services for the transportation of citizens, submitted a written petition to terminate the proceedings.

The defender supported the opinion of his principal, asked to terminate the proceedings.

The witness interrogated at the request of the attracted witness explained to the court that he was an acquaintance XXX ., with whom on September 03, 2013 at night he agreed by phone that he would pick him up from the cafe. However, at the specified time XXX . was not in place. Next day from XXX . he (the witness) became aware that XXX . was detained by the police.

Interrogated at the hearing, an employee of the PPSM OMVD for the Tverskoy district of Moscow Usoltsev S.N. explained to the court that he and his partner were on duty on September 03, 2013, as part ofx the official event "illegal carrier" the driver was identified XXX ., which was previously monitored and found that he repeatedly in the area of ​​st. Tverskoy, Moscow, provides services for the transportation of citizens for a monetary reward, but previously it was not possible to detain this citizen. Since the patrol runs along a constant route, every 15-20 minutes, the specified driver was identified repeatedly. On September 3, 2013, this driver was detained and taken to the Department of the Ministry of Internal Affairs for drawing up a protocol on an administrative offense, since this driver did not have a license to provide services for the transportation of citizens by passenger taxi, but he negotiated with passengers about their transportation for a monetary reward and was engaged in their transportation. Previously since XXX he (Usoltsev S.N.) is not familiar, he has no grounds for a slander.

Guilty XXX . in committing an administrative offense is confirmed by the following materials of the case:

- Protocol on an administrative offense dated September 03, 2013, according to which XXX . carried out entrepreneurial activities without a special permit (license), if such a permit (such license) is mandatory (mandatory), namely, on September 03, 2013 at 01:50 at Tverskaya st., 6, Moscow, he carried out entrepreneurial activity for the transportation of citizens by means of a vehicle without a special permit (license) for this;

- reports of the inspector of the PPSM DMIA for the Tverskoy district of Moscow Usoltsev S.N. that in the course of their service they discovered an offense XXX ., who carried out entrepreneurial activities without a special permit (license), namely, on September 03, 2013 at 01:50 a.m. at Tverskaya st., 6, Moscow, carried out entrepreneurial activities for the transportation of citizens this driver was repeatedly seen in the provision of services for the transportation of citizens, however, it was not possible to detain her earlier;

After examining the case file, the court concludes that the protocol on an administrative offense drawn up in accordance with the requirements of Article.28.2 RF Code of Administrative Offenses, an official of the body authorized to draw up protocols on administrative offenses.

Administrative responsibility for hours. 2 Article. 14.1 of the Code of Administrative Offenses of the Russian Federation comes for the implementation of entrepreneurial activities without a special permit (license), if such a permit (such a license) is mandatory (mandatory).

The forms of license forms and license cards are approved by the Order of the Ministry of Transport of the Russian Federation of November 22, 2004 N 36 "On approval of the forms of license forms, license cards, certificates of admission and admission cards."

In accordance with Art. 9 of the Federal Law of 21.04.2011 N 69-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" (as amended by the Federal Law of the Russian Federation of April 23, 2012 No. N 34-F3), activities for the transportation of passengers and luggage by passenger taxis on the territory of a constituent entity of the Russian Federation are carried out subject to the receipt by a legal entity or an individual entrepreneur of a permit to carry out activities for the transportation of passengers and luggage by passenger taxis, issued by the authorized executive body of the relevant subject of the Russian Federation.

It follows from the meaning of these legal norms that the activity of transporting passengers in the absence of the required documents is not allowed.

The court does not trust the explanations of the accused, who denies the commission of the offense, regards them as the chosen position of the defense, since they are refuted by the written evidence collected in the case, as well as explanations in court by the inspector of the PPSM, the grounds for not trusting which the court did not establish.

Explanations in court by a witness also do not testify to innocence XXX ., since he was not an eyewitness to what happened, he knows everything from the words of XXX.

As determined by the court in the course of the case, XXX . September 03, 2013 at 01:50 at Tverskaya st., 6, Moscow, carried out entrepreneurial activities for the transportation of citizens by cars without having a special permit (license) for this.

Thus, having examined and evaluated the evidence collected in the case, the court finds that guilt XXX . established, and qualifies his actions under Art. 14.1 part 2 of the Code of Administrative Offenses of the Russian Federation, since he actually carried out entrepreneurial activities without a special permit (license), if such a permit (such a license) is mandatory (mandatory).

When sentencing in accordance with Article.Article. 4.1-4.3 of the Code of Administrative Offenses, the court takes into account the nature of the administrative offense committed, the identity of the perpetrator, and therefore considers it necessary to impose a penalty in the form of a fine without confiscation.

Based on the above, guided by art. Art. 29.9-29.11 of the Code of Administrative Offenses of the Russian Federation,

RESOLVED:

Recognize XXX guilty of committing an administrative offense, under Art. 14.1 part 2 of the Code of Administrative Offenses of the Russian Federation, and to impose a fine in the amount of 2,000 (two thousand) rubles.

Explain to the person brought to administrative responsibility that the administrative fine must be paid by him no later than 60 days from the date of entry into force of the decision to impose an administrative fine or from the date of expiration of the deferral period or the installment period for paying the fine.

If the administrative fine is not paid on time, the amount of the fine on the basis of Article 32.2 of the Code of Administrative Offenses of the Russian Federation will be recovered by force. In addition, an official of the federal executive body, structural unit or territorial body, as well as another state body authorized to carry out proceedings on cases of administrative offenses (with the exception of the bailiff), draws up a protocol on an administrative offense under Part 1 of Art. . 20.25 of the Code of Administrative Offenses of the Russian Federation, in relation to a person who has not paid an administrative fine.

The decision can be appealed to the Tverskoy District Court of Moscow within 10 days from the date of delivery or receipt of a copy of the decision through the office of the judicial district No. 369 of the Tverskoy District of Moscow.

Magistrate Zatomskaya Oh.Yew.

Cancellation of the decision m / s:

SOLUTION

The judge of the Tverskoy District Court of Moscow C., with the participation of the person against whom the administrative case is being conducted, - X, the defender - Novikov M.The.

having considered the appeal of X, born on March 31, 1966, a native of the city of Andijan, Uzbek SSR, a citizen of the Republic of Uzbekistan,

on the decision of the magistrate of the court district No. 369 of the Tverskoy district of the city of Moscow dated 27.09.2013 under Part 2 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation in relation to X,

Installed:

Citizen X decision of the justice of the peace on September 27, 2013 found guilty of an offense under Part. 2 Article. 14.1 of the Code of Administrative Offenses of the Russian Federation, namely, that on 09/03/2013 at 01:50 am at the address: Tverskaya Street, 6 in Moscow, he carried out entrepreneurial activities for the transportation of citizens by vehicle, without having a special permit (license ).

At the decision of the judge, a complaint was brought in which Citizen X asks the decision of the justice of the peace to cancel, the case on an administrative offense to be dismissed, considering that the evidence that would confirm the fact of his occupation - Citizen X entrepreneurial activity, except for the testimony of the person concerned - a police officer Usoltsev S.N., is not available in the case. He - Citizen X did not transport anyone, did not extract profits, 09/03/2013 carried out the request of his friend.

During the consideration of the appeal Citizen X , his defender Novikov M.The. supported the complaint and the arguments given, believing that X was unreasonably brought to administrative responsibility as part of the ongoing official event “illegal carrier”, the police officer interrogated by the justice of the peace could not give specific testimony as to where, when, and under what circumstances he saw Citizen X for doing business.

Having examined the materials of the administrative case, having checked the arguments of the complaint, having listened to the defendant involved, the court finds the decision to be canceled on the following grounds.

In accordance with Part 3 of Art. 30.6 of the Code of Administrative Offenses of the Russian Federation, the judge is not bound by the arguments of the complaint and checks the case in full.

Part 1 of Article 1.6 of the Code of Administrative Offenses of the Russian Federation provides that a person brought to administrative responsibility cannot be subjected to administrative punishment and measures to ensure proceedings in a case of an administrative offense except on the grounds and in the manner established by law.

Administrative responsibility for hours. 2 Article. 14.1 of the Code of Administrative Offenses of the Russian Federation comes for the implementation of entrepreneurial activities without a special permit (license), if such a permit (such a license) is mandatory.

To determine the presence of an administrative offense, under Part. 2 Article. 14.1 of the Code of Administrative Offenses of the Russian Federation, the fundamental criterion is the establishment in the actions of such a person of the signs of entrepreneurial activity listed in paragraph 1 of Article 2 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

By virtue of the said norm, entrepreneurial activity is an activity aimed at the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services, which is carried out by a person independently at his own risk.

Citizen X . He denied that he was engaged in the transportation of citizens, explained that he was engaged in private construction, using a KIA car for transportation. On September 3, 2013, there were no passengers in his car on Tverskaya Street when he was detained by a police officer.

Pleading guilty Citizen X in committing an offense, under Part. 2 Article. 14.1 of the Code of Administrative Offenses of the Russian Federation, the magistrate referred to the following evidence: a protocol on an administrative offense dated 09/03/2013, drawn up in relation to Citizen X report of the inspector of the PPSM of the MIA of Russia for the Tverskoy district of Moscow Usoltsev S.N., his testimony given during the consideration of the case by the justice of the peace, from which it follows that this police officer repeatedly saw how Citizen X provides services for the transportation of citizens in the area of ​​Tverskaya Street in Moscow for a monetary reward, but it was not possible to detain him earlier, 09/03/2013 at 01:50 Citizen X was detained as part of an official event "illegal carrier".

Meanwhile, any concrete evidence confirming the fact that the specified person is engaged in activities aimed at systematic profit, which could be, in particular, the testimony of persons who paid for transportation services, receipts in

receipt of funds, bank statements of the person brought to administrative responsibility, placement of advertisements, are absent in the case.

A person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. Irremovable doubts about the guilt of a person brought to administrative responsibility shall be interpreted in favor of this person.

Explanations given Citizen X not sufficiently refuted.

Under such circumstances, the court concludes that the circumstances on the basis of which the appealed decision was made were not proven, that by virtue of paragraph 4 of part 1 of Art. 30.7 of the Code of Administrative Offenses of the Russian Federation entails the cancellation of the decision of the justice of the peace and the termination of the proceedings.

Based on the above, guided by n. 4 h. 1 Article. 30.7 of the Code of Administrative Offenses of the Russian Federation, court

Decided:

Citizen X Complaint satisfy, the decision of the justice of the peace judicial district № 369 Tverskoy district of Moscow from 27.09.2013, under Part. 2 Article. 14.1 of the Code of the Russian Federation on Administrative Offenses in relation to Citizen X to cancel, the proceedings on the case of an administrative offense to stop.

The decision can be appealed to the Moscow City Court

Instruction

Before you begin to engage in private transportation, think carefully about your idea. If you have another, then do not opt ​​for private transportation. Because the income from this type of activity is unstable, and unforeseen circumstances that can reduce your profit to zero are quite large. Try to make private driving a secondary type of income, with which you can patch up holes in the family budget or buy a certain thing. Remember that if you engage in private transportation professionally and make it your main activity, then you need to take into account repairs, gasoline, as well as your safety during night passenger transportation. Also remember that this kind of activity is illegal, because. you don't pay the government from your income.

Remember that there is a lot of competition between private cab drivers (so-called "bombs"). Especially when it comes to working at nightclubs, expensive restaurants, train stations or airports. Remember that you can't just drive to these places and wait for customers. There is a queue and an established work procedure, violating which, you can lose not only the integrity of your car, but also your health. Getting into such a queue is quite difficult and, most likely, you will have to pay someone a certain percentage for parking in such profitable places.

Start earning by private transportation at metro stations, or by driving around the city in search of voting passengers. Remember that when working at night, when the metro is closed and public transport is no longer running, you can declare a price for transporting passengers more than during the day. Since you do not have a taximeter, determine the correct fare for the transportation of passengers. Take 20-25 rubles for each kilometer of the way. To determine the tariff, you will need a good knowledge of the city and the distance to one or another of its points. Buy a GPS navigator for a more confident orientation and a shorter route. This will save you money on gas and your time.

Do not bargain with passengers if you are traveling empty. the passenger can refuse, and you will lose at least some funds. Also, do not argue with passengers if you see that they travel the route often. They know the local fare better than you and will leave in another car if you refuse. Remember that after 20.00 a lot of competition among the "bombs" begins, because. many people go to work for a couple of hours after their main job. Don't work during peak hours. More money will be spent on gasoline due to traffic jams.