Facing and transporting passengers under the guise of registered ones. Transportation of passengers by charter bus. To do this, he must implement

The State Council of Udmurtia submitted to the State Duma a bill on the administrative liability of a carrier for sending the same vehicle used for transporting passengers and luggage on order more than three times from the same place within a month. The package of documents was published on Friday in electronic database lower house of parliament.

The document states that recently in the country the problem of accidents as a result of mass transportation, a significant part of which is carried out under the guise of customized transportation, has significantly worsened.

At the same time, regular transportation is usually carried out by “illegal carriers” under the guise of irregular, with increased risk for passengers (since when carrying out transport security Passenger pick-up and drop-off areas are not properly secured, and vehicles and their drivers are not subject to appropriate control and verification) and contain signs of unfair competition in relation to legal scheduled carriers.

In this regard, the State Council of Udmurtia proposed to impose a fine on citizens in the amount of 3-4 thousand rubles, on officials, as well as on entrepreneurs carrying out activities without legal education for sending the same vehicle more than three times within a month without proper approval. persons - 80-100 thousand rubles, for legal entities - 100-200 thousand rubles.

The draft notes the need to introduce appropriate responsibility at the federal level in order to solve the problem under consideration as a whole in the country, and not in individual regions.

One of the most common types of services in Russia is for transporting people across highways are customized . These include flights within the city, suburban and.

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They are used for personal purposes, for going to events, excursions, for tourist trips. In order to control traffic safety, standards have been created at the legislative level, which are taken into account already at the stage of obtaining permission for the relevant activity.

Definition

Passenger transportation is a type of service that delivers a passenger from the point of departure to the final destination of the vehicle. They relate to commercial flights, since a legal entity or individual entrepreneur receives material benefits for this.

For this reason, to operate flights on an ongoing basis or on request, the carrier must obtain a license, and the vehicle itself must be equipped with a digital tachograph and a location determination system.

Rules for customized transportation of passengers by bus

The main requirement for carriers carrying out passenger flights– safety of all participants traffic, including people and luggage in the cabin. This is regulated by the legislation of the Russian Federation: Federal Law No. 196 of December 10, 1995, as amended. July 26, 2017

To organize transportation by bus, a written charter agreement is required in accordance with Chapter 4 as amended. from 07/03/2016

The rules of transportation themselves were approved by the editor. 04/28/2015 The main requirements are for the vehicle itself and its serviceability.

It should contain:

Information about the interested parties signing the document.
Type of vehicle, number of vehicles.
Route and departure point.
Determination of passengers for transportation.
Deadlines for completing the service.
Amount to pay for the trip.
The procedure for admitting people into the vehicle according to the circle of persons.

If there is no need to carry out systematic flights, a work order can be issued for the transportation of passengers and luggage. The registration form does not have a standard appearance.

According to the terminology in the agreement, their meanings are as follows:

Charterer - a person who undertakes the obligation to perform paid service, he is a carrier.
Charterer – a person ordering the service of transporting passengers and cargo.

The rules for transporting people in chartered buses differ from travel in regular buses for the passengers themselves only in a clearly planned route for their tasks. For the carrier, the documentary part changes.

Otherwise, it must ensure safety, which depends on the driver, the condition of the vehicle, and the requirements below. Special treatment for chartered buses carrying children. Here the rules are stricter, as are the specifics of documentation, and the presence of accompanying persons is mandatory.

We list the main distinguishing features of what is required when transporting minors:

According to the new rules, the bus must be no older than 10 years, and distinctive signs in red frames must be attached to its windows, indicating the category of passengers.
Depending on the distance, the class of the bus is determined. For long trips, luxury vehicles are used.
If the trip of an organized group of children will last more than 12 hours, there must be a doctor present.
If there are 3 or more buses, an escort vehicle is ordered.
Be sure to submit to obtain permission and approval of the route. Documents for this, lists of accompanying persons and children are submitted for approval in advance.
There are restrictions on travel time and duration. So, at night, after 23.00, it is only allowed to go to the station to transfer to another transport or to meet children upon arrival. In extreme cases, the distance should be 50 km, after which a stop is required.
The driver is required to undergo pre-trip instruction on the rules for transporting minors.
When traveling for more than 16 hours, 2 drivers are required, who are required to change each other every 8 hours.
You cannot leave the vehicle with children or exceed the speed of 60 km/h. It is recommended to travel during daylight hours.

Responsibilities of the transporter

The main, primary responsibility of the carrier is the safe delivery of the passenger to the destination, and, if necessary, his luggage, fulfillment of the conditions according to the charter agreement.

To do this, he must do:

Timely delivery of vehicles for boarding people at the agreed time and disembarking at the appointed place. Failure to comply with the conditions will result in financial penalties.
Ensure the availability of a serviceable and safe vehicle that meets sanitary, environmental, and technical requirements.
Include in ticket price according to
Be responsible not only for your own actions, but also for your employees, including drivers.
Operate on the basis of a license and comply with its terms.
Ensure pre-trip and post-trip inspections of drivers.
Perform scheduled and unscheduled vehicle maintenance.
Monitor the activities of drivers, including the work of the dispatcher.
Respect the rights and legitimate interests of passengers.
Provide the travel organizer with reliable information and documents required to monitor compliance with legal transportation.
Comply with the instructions of regulatory authorities.
Consider complaints.
Provide information to passengers about the route.
Ensure that the driver has the necessary accompanying documents (list below).
Notify the trip organizer in writing in case of flight cancellation.

Security

A bus for transporting passengers must have:

good technical condition;
quality certificate;
traffic permit on the travel ticket;
compliance with environmental standards;
maintain a first aid kit and fire extinguishers for passengers and the driver;
a wheel chock and an item for accessing an emergency exit;
warning triangle;
luggage space for long-haul flights;
distinctive signs on the transportation of people;
in the cabin there is an inscription “Emergency exit”;
digital tachograph and documents for it;
navigator, video recorder;
transportation rules for passengers.

Do I need a license

A license is an official permit, a document confirming transportation by individuals and legal entities for domestic and international flights.

Its presence makes it possible to ensure the safety of passengers, the professional suitability of drivers and compliance with vehicle requirements. Issued for personal transport or rented for a period of 5 years.

The document is not needed for those enterprises that:

carry out irregular passenger transportation for their own needs (for the delivery of workers);
have the number of seats, excluding the driver’s seat, less than eight on routes within the country;
rent buses without a driver.

That is, if the charter agreement provides for the participation of a driver, then for charter flights there must be licenses confirming the legality of the provision of the service.

You can apply for a license in person or use postal mail or send an online application to Rostransnadzor. To do this, you need to collect the documents required according to.

The list may change, which requires clarification at the time of contact:

, which indicates passport information.
Document confirming official registration Individual entrepreneur or LLC.
An identification number.
Constituent documents.
Work records of drivers with more than 3 years of driving experience.
Certificate of passing a medical examination.
Data on the availability of premises for the location of vehicles, maintenance, with a certificate of compliance with established standards.
Information about vehicles, the right to use them (purchase and sale or lease agreement), registration certificates.

After reviewing the application, the commission may issue a permit or refuse it for reasons of inconsistency of the specified data or errors, which can be challenged in court.
If the requirements are not met, the carrier will have to prove that there is no need to obtain a license.

Otherwise, when stopped by a traffic police inspector, a protocol on administrative responsibility will be issued. The fine is expected not only for the driver, but also for others responsible persons ().

Table. Fines for transporting passengers by bus without a license.

In addition to fines, you should be wary of confiscation of the vehicle and suspension of the enterprise for 3 months, which is also legal.

Required documents for the driver

To confirm the legality of driving a vehicle and providing passenger transportation services, the driver must have with him personal documents and papers issued to him by a representative of the carrier.

The main package should contain:

Driver's license category D.
Waybill.
License card.
Route diagram agreed with the transportation organizer.
Documents for the tachograph.

Gr. case No. 2-1043/2016

SOLUTION

In the name Russian Federation

Kalachevsky District Court of the Volgograd Region, composed of the presiding federal judge O.A. Zaporozhskaya, with secretary E.B. Savenkova, having considered in open court in the city of Kalach -on-Don June 23, 2016 case at the request of the prosecutor Central region Volgograd, acting in the interests of an indefinite number of persons to the individual entrepreneur M.V. Solovyov. on recognition of organization activities regular transportation illegal and prohibition of these activities,

Installed:

The prosecutor of the Central District of the city of Volgograd, in the interests of an indefinite number of persons, filed a lawsuit against individual entrepreneur M.V. Solovyov (hereinafter referred to as IP Solovyov M.V.) to recognize the activities of organizing regular transportation as illegal and to prohibit these activities.

In support of the stated claims, the plaintiff indicated the following.

The Prosecutor's Office of the Central District of the city of Volgograd carried out an inspection of compliance with the law when organizing the transportation of passengers and luggage by road, during which it was established that the individual entrepreneur M.V. Soloviev, having the right to transport passengers and luggage only by order, actually carries out regular transportation of passengers and luggage along the Kalach-Volgograd route, which leads to destabilization of transport services, an outflow of passengers from legal carriers and a deterioration in their economic situation.

The plaintiff, assistant prosecutor of the Kalachevsky district of the Volgograd region, Gadzhiev D.D., acting on the instructions of the prosecutor of the Central district of Volgograd, supported the claims, asked the court to recognize the activities of individual entrepreneur M.V. Solovyov. for the organization and transportation of passengers by road along the route “Kalach - Volgograd” with regular transportation of passengers and luggage, recognize the activities of IP Solovyova M.V. for the organization and transportation of passengers by road along the route “G. Kalach - Volgograd” is illegal, banning it, he explained the circumstances set out in the claim.

Defendant IP Soloviev M.V. did not appear at the court hearing, was duly notified of the hearing of the case, and did not inform the court about the reasons for his failure to appear.

Representative of the defendant IP Solovyova M.V. - Dronova S.G., acting on the basis of a power of attorney (case sheet 68), objected to the satisfaction of the plaintiff’s claims, explained to the court that the activities of the individual entrepreneur M.V. Solovyova is carried out in strict accordance with current legislation and in accordance with paragraphs 98.99 100 and 101 of the Government Decree of the Russian Federation of February 14, 2009 No. 112 On approval of the rules for the transportation of passengers and luggage by road transport and urban ground electric transport.

The legislator allows for two types of transportation: regular and registered. Both customized and regular transportation are carried out through an offer. In particular, within the framework of the charter agreement, which has not been disputed by anyone and is valid to this day, concluded between individual entrepreneur M.V. Solovyov. and OKGN LLC, systematic customized transportation is carried out through public commercial offer, sold by agents of OKGN LLC. Thus, there is a formation from an indefinite circle of persons into a specific one, the transportation of which is subsequently carried out by the specified parties. At the same time, in accordance with clause 92 of the Rules for the Transportation of Passengers, boarding of these persons into the vehicle is carried out in accordance with the boarding passes issued to them when creating the list of passengers.

The presence of “signs”, the route, and the point of delivery of the vehicle does not violate the current legislation on the transportation of passengers by road and does not violate the rights and interests of an indefinite number of persons.

The prosecutor's office did not provide evidence of violation by the defendant of security issues when transporting citizens; in general, the statement of claim is based on conjectures and assumptions, which contradicts the provisions of Art. , . In a lawsuit he asks the prosecutor of the Central District of Volgograd, acting in the interests of an indefinite number of persons, to individual entrepreneur M.V. Solovyov. to recognize the activities of organizing regular transportation as illegal and to prohibit these activities; refuse.

The representative of a third party who does not make independent claims on the subject of the dispute, LLC "OKGN" Kulikovsky D.V., acting on the basis of a power of attorney (case file 86), objected to the satisfaction of the claims of the prosecutor of the Central District of Volgograd, acting in the interests of an unidentified circle of persons to IP Solovyov M.V. on recognizing the activity of organizing regular transportation as illegal and prohibiting this activity, since the plaintiff has not provided evidence of the defendant carrying out regular transportation under the guise of a registered one, requests that the claim be dismissed.

After listening to the parties and representatives, and examining the materials of the civil case, the court comes to the following conclusion.

DECIDED:

In satisfying the claims of the prosecutor of the Central District of the city of Volgograd, acting in the interests of an indefinite number of persons, against the individual entrepreneur M.V. Solovyov. on recognizing the activities of organizing regular transportation as illegal and prohibiting these activities - refuse.

An appeal against the court decision may be filed within a month from the date of the court decision in final form to the Volgograd Regional Court through the Kalachevsky District Court.

Presiding

Federal Judge:

Court:

Kalachevsky District Court ( Volgograd region)

Plaintiffs:

Prosecutor of the Central District of Volgograd

The commission of the Orenburg OFAS Russia to consider the case of violation of antimonopoly legislation, consisting of:

Chairman of the Commission -«<…>» ;

Members of the Commission:

«<…>» ;

in the presence:

Representative of the individual entrepreneur«<…>» ,

RepresentativeWest Ural MUGADN Rostransnadzor territorial structural unit for the Orenburg region -«<…>» ,

In the absence:

Representative of the individual entrepreneur«<…>» duly notified of the date, place and time of consideration of case No. 07-16-62/2017,

having considered case No. 07-16-62/2017 on grounds of IP violation«<…>» requirements established by Article 14.8 of the Federal Law “On Protection of Competition” No. 135-FZ of July 26, 2006 (hereinafter referred to as the Law on Protection of Competition),

INSTALLED:

The Orenburg OFAS Russia receivedcomplaints («<…>» ) IP«<…>» and individual entrepreneur«<…>» on the actions of the individual entrepreneur«<…>» and individual entrepreneur«<…>» on grounds of violation of Article 14.8 of the Federal Law “On Protection of Competition” No. 135-FZ dated July 26, 2006, through regular passenger transportation on intermunicipal route No. 633 “Pervomaisky-Buzuluk” and No. 735 “Pervomaisky-Orenburg” without a certificate of the right to carry out transportation (license); lack of route maps, contracts for dispatch and cash services.

The Orenburg OFAS Russia came to the conclusion that there isin the actions of the individual entrepreneur«<…>» And«<…>» signs of violation of Article 14.8 of the Law on Protection of Competition.

In this regard, on the basis of Part 1 of Article 39.1 of the Law on Protection of Competition for Individual Entrepreneurs«<…>» and individual entrepreneur«<…>» warnings were issued (No. 07-23-02/2017 and No. 07-23-03/2017) about the need, within 10 working days from the date of receipt of this warning: to stop regular passenger transportation on intermunicipal routes No. 633 “Pervomaisky-Buzuluk” and No. 735 “Pervomaisky-Orenburg” until receiving permits provided for by current legislation in the field of regulation of regular passenger transportation on intermunicipal routes.

The above warnings IP«<…>» and individual entrepreneur«<…>» not fulfilled. According to Part 8 of Article 39.1 Law on the Protection of Competition, in case of failure to comply with the warning within the prescribed period, if there are signs of violation of antimonopoly legislation, the antimonopoly authority is obliged to decide to initiate a case.

Orenburg OFAS Russia Order No.«<…>» case No. 07-16-62/2017 was initiated against the individual entrepreneur«<…>» and individual entrepreneur«<…>» on grounds of violation of the requirements established by Article 14.8 of the Federal Law “On Protection of Competition” No. 135-FZ dated July 26, 2006, by carrying out regular passenger transportation on the intermunicipal route No. 633 “Pervomaisky-Buzuluk” and No. 735 “Pervomaisky-Orenburg” without certificates for the right to carry out transportation (licenses); lack of route maps, contracts for dispatch and cash services.

During the consideration of the above case, the Commission did not see in the actions of the individual entrepreneur«<…>» violations of antimonopoly legislation.In this regard, the definition of the Orenburg OFAS Russia («<…>» ) participation in the case as an individual entrepreneur defendant«<…>» was terminated due to the absence of a violation of antimonopoly legislation in the actions of the individual entrepreneur considered by the Commission«<…>»

According to written explanations of the IP«<…>» , individual entrepreneur«<…>» and oral explanations from their representative«<…>» follows that "IP «<…>» carries out regular transportation of passengers on the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" in the absence of permits and is not in the register of carriers on regular intermunicipal routes.

The regional newspaper "Prichaganye" constantly publishes information containing information on the exact schedule of the route, indicating the specific fare and the telephone number at which orders for the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" are accepted. This schedule, with a difference of five to ten minutes, was copied from the schedule of individual carriers «<…>» And «<…>» No. 633 and 735. Initial and final destinations departure of vehicles of applicants and individual entrepreneurs «<…>» match up.

Thus, under the guise of customized transportation of individual entrepreneurs «<…>» actually organized and carries out regular passenger transportation by road along the route “Pervomaisky-Orenburg”, “Pervomaisky-Buzuluk” without participating in the competition, without issuing the appropriate permits, which contradicts the requirements of the Charter of Road Transport, the Rules for the Transportation of Passengers and Luggage.”

Based on the content of the written explanations of the individual entrepreneur«<…>» and his representative«<…>» follows that « IP «<…>» carries out activities for the transportation of passengers and luggage according to orders by road transport in the following types: services for the transportation of luggage in urban traffic, in commuter service, in intercity traffic, as confirmed by notification No. «<…>» Also according to permission «<…>» IP «<…>» carries out activities for the transportation of passengers and luggage by passenger taxis in the Orenburg region.

Applications are accepted by telephone if the number of people exceeds seats, then a charter agreement is concluded and requests for the number of passengers are prepared in advance.

Federal Law No. 259-FZ dated 08.11.2007 directly provides that when carrying out transportation by order, the parties first agree on the route and place of delivery of the vehicle, the timing of the transportation and the amount of payment for using the vehicle.

The information that was published in the newspaper “Prichaganye” is in the nature of a commercial offer from the charterer for carrying out passenger transportation on request.

Activities for the provision of services for the transportation of passengers and luggage on orders by road transport (with the exception of such transportation along regular transportation routes, as well as to meet the own needs of legal entities and individual entrepreneurs) are carried out in a notification procedure.

In this regard, IP «<…>» carries out transportation of passengers not on regular transportation routes ».

In accordance with written explanations from the representative of the West Ural MUGADN Rostransnadzor territorial structural unit for the Orenburg region, “ IP «<…>» It is prohibited to carry out regular transportation of passengers along regular transportation routes according to schedules published in the media.

By virtue of clause 6, part 2, art. 8 of the Federal Law of the Russian Federation dated December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” individual entrepreneurs and legal entities carry out work and services in accordance with the list approved by the Government of the Russian Federation works and services as part of the following types of activities: provision of services for the transportation of passengers and luggage on orders by road transport (with the exception of such transportation along regular transportation routes, as well as to meet the own needs of legal entities and individual entrepreneurs).

Passenger pick-up and drop-off points:

Buzuluk, st. Line 1, opposite the Olimp shopping center (100 meters from the Bus Station);
Orenburg, Railway Station (station area);

- p. Pervomaisky, st. 60 years of the USSR, opposite the store 24 hours (100 meters from the Bus Station).

In addition, IP «<…>» has the right to carry out transportation of passengers on regular routes only after being admitted to such transportation of passengers in the manner established by Federal Law No. 220-FZ dated July 13, 2015 “On the organization of regular transportation of passengers and luggage by road transport and urban ground electric transport in the Russian Federation” .

By definition of the Orenburg OFAS Russia («<…>» ) in connection with the adoption of a conclusion on the circumstances of the case, the consideration of the case was postponed to 12/14/2017 for 10 hours 30 minutes.

Conclusion on the circumstances of the case No. 07-16-62/2017 («<…>» ) sent to IP address«<…>»

Representative of the individual entrepreneur«<…>» and individual entrepreneur«<…>» supported the arguments set out inconclusion on the circumstances of case No. 07-16-62/2017 and written explanations. In addition, she explained that at the moment the individual entrepreneur«<…>» . continues to carry out regular passenger transportation on the route “Pervomaisky-Orenburg” and “Pervomaisky-Buzuluk” by type of registered passenger transportation.

The representative of the West Ural MUGADN Rostransnadzor, a territorial structural unit for the Orenburg region, supported the arguments set out earlier in written explanations.

Representative of the individual entrepreneur«<…>» before the meeting of the Commission, provided written explanations on the arguments set out in the conclusion on the circumstances of the case No. 07-16-62/2017 and a petition to consider the case in the absence of a representative of the individual entrepreneur«<…>» According to these explanations, the representative of the individual entrepreneur«<…>» believes that IP«<…>» does not carry out regular passenger transportation, sole proprietorship activities«<…>» are not aimed at obtaining advantages when carrying out business activities, since individual entrepreneurs«<…>» carries out custom transportation of passengers.

Having examined the case materials and heard the explanations of the parties, the Commission of the Orenburg OFAS Russia came to the following conclusions.

According to Part 1 of Article 4 of the Law on Protection of Competition, a product is an object of civil rights (including work, service, including financial services) intended for sale, exchange or other introduction into circulation.

In accordance with paragraph 4 of Article 4 of the Law on Protection of Competition, the commodity market is the sphere of circulation of goods (including foreign-made goods) that cannot be replaced by another product, or interchangeable goods (hereinafter referred to as a specific product), within the boundaries of which (including geographical) based on economic, technical or other feasibility or feasibility, the purchaser can purchase the goods, and such possibility or feasibility does not exist beyond its limits.

According to clause 5 of Article 4 of the Law on Protection of Competition, an economic entity is a commercial organization, a non-profit organization carrying out activities that generate income for it, an individual entrepreneur, etc. individual, not registered as an individual entrepreneur, but carrying out professional activities that generate income, in accordance with federal laws on the basis of state registration and (or) license, as well as by virtue of membership in a self-regulatory organization

By virtue of clause 7 of Article 4 of the Law on the Protection of Competition, competition is the rivalry of economic entities, in which the independent actions of each of them exclude or limit the possibility of each of them unilaterally influencing General terms circulation of goods on the relevant commodity market.

IP«<…>» has license No.«<…>»

IP«<…>» carries out regular passenger transportation on the route "Pervomaisky - Orenburg" and "Pervomaisky - Buzuluk", which is confirmed by a certificate of the right to carry out transportation, route maps, contracts for dispatch and cash services and a schedule.

IP«<…>» has license No.«<…>» to carry out activities for the transportation of passengers by road transport equipped for the transportation of more than eight people (except for the case if the specified activity is carried out on orders or to meet the own needs of a legal entity or individual entrepreneur).

IP«<…>» carries out regular passenger transportation along the route “Pervomaisky village - g. Buzuluk”, which is confirmed by a certificate of the right to carry out transportation, a route map, contracts for dispatch and cash services and a schedule.

IP«<…>» notification No. issued«<…>» «<…>» (UGADN for the Orenburg region) and permission«<…>» (Ministry economic development, industrial policy and trade).

IP«<…>» carries out the transportation of passengers and luggage upon request by road along the route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk", which is confirmed by charter agreements and advertisements posted in the newspaper "Prichaganye" (Socio-political newspaper of the Pervomaisky district of the Orenburg region).

Thus, taking into account the provisions of paragraph 7 of Article 4 of the Law on Protection of Competition, IP«<…>» carries out activities similar to those carried out by an individual entrepreneur«<…>» and individual entrepreneur«<…>» , that is, it actually carries out business activities in one product market for the transportation of passengers along the route “Pervomaisky-Orenburg” and “Pervomaisky-Buzuluk”, therefore, the above carriers are competing economic entities.

Federal Law of November 8, 2007 No. 259-FZ “Charter of Road Transport and Urban Ground Electric Transport” (hereinafter referred to as Law No. 259) regulates the relations arising in the provision of services by road transport and urban ground electric transport, which are part of transport system Russian Federation.

According to Art. 5 Law No. 259, transportation of passengers and luggage by road is divided into: regular transportation; transportation according to orders; transportation by passenger taxis.

In accordance with Art. 19 of Law No. 259, regular transportation of passengers and luggage is carried out on the basis of a public contract for the carriage of passengers along the regular transportation route. Regular transportation of passengers and baggage is divided into transportation with passengers boarding and disembarking only at established stopping points along the regular transportation route; transportation with pick-up and drop-off of passengers in any place not prohibited by traffic rules along the route of regular transportation. Transportation with passengers boarding and disembarking only at established stopping points along the regular transportation route is carried out in accordance with the schedules established for each stopping point. Transportation with pick-up and drop-off of passengers in any place not prohibited by traffic rules along the regular transport route is carried out in accordance with the schedules established for travel from the starting and final stopping points along the regular transport route.

In accordance with Section II “Regular Transportation” of the “Rules for the Transportation of Passengers and Baggage by Road Transport and Urban Ground Electric Transport” approved by Government Decree of the Russian Federation dated February 14, 2009 No. 112 (hereinafter referred to as Government Decree No. 112), regular transportation of passengers and luggage is carried out according to schedules . The schedule contains departure intervals for vehicles, including by time periods of the day, or a time schedule for the departure of vehicles from a stopping point. Passengers traveling on regular transport routes are ticketed.

According to Article 13 of the Law of the Orenburg Region dated 03/09/2016. No. 3801/1039V-OZ “On the organization of regular transportation of passengers and luggage by road in the Orenburg region”, a certificate of transportation along the intermunicipal regular transportation route and a map of the corresponding route are issued by the authorized body that established this route, based on the results of an open competition for the right to carry out transportation along the regular transportation route in accordance with the standards of the Federal law No. 220-FZ.

Registration, re-issuance of a certificate of transportation on an intermunicipal route of regular transportation, a map of the route of regular transportation, termination and suspension of the certificate of transportation and a map of the route of regular transportation are carried out in accordance with the norms of the Federal law No. 220-FZ.

According to Part 1 of Article 27 of Law No. 259, transportation of passengers and luggage upon request is carried out by a vehicle provided on the basis of a charter agreement concluded in writing

In accordance with Article 787 of the Civil Code of the Russian Federation, under a charter agreement (charter), one party (charterer) undertakes to provide the other party (charterer) for a fee with all or part of the capacity of one or more vehicles for one or more flights for the transportation of goods, passengers and luggage.

Based on the contents of Part 2 and Part 4 of Law No. 259, the charter agreement specified in part 1 of this article, must include: 1) information about the charterer and the charterer; 2) the type of vehicle provided (if necessary, the number of vehicles); 3) route and place of delivery of the vehicle; 4) a certain or indefinite circle of persons for whose transportation the vehicle is provided; 5) terms of transportation; 6) the amount of payment for using the vehicle; 7) the procedure for admitting passengers to board a vehicle, established taking into account the requirements provided for by the rules for the transportation of passengers (if the vehicle is provided for the transportation of a certain circle of persons).

If there is no need to carry out systematic transportation of passengers and luggage by order, the charter agreement is concluded in the form of an order for the provision of a vehicle for the transportation of passengers and luggage. The details and procedure for filling out such a work order are established by the rules for the carriage of passengers.

Section III “transportation of passengers and luggage on order” of Government Resolution No. 112 states that the charter agreement may provide for the use of vehicles for the transportation of a certain circle of persons or an indefinite number of persons. A charter agreement providing for the use of vehicles for the transportation of a certain group of persons establishes the procedure for admitting these persons to board the vehicle in accordance with paragraph 92 of these Rules. The boarding of persons specified in the charter agreement into a vehicle provided for the registered transportation of passengers and luggage is carried out upon presentation by these persons to the charterer of documents (service ID, excursion voucher, etc.) certifying their right to travel in this vehicle, and (or ) in accordance with the list of passengers provided to the charterer by the charterer. A charter agreement may be concluded in the form of an order for the provision of a vehicle for the transportation of passengers and luggage, issued by the charterer. The specified work order must contain the mandatory details that are defined in Appendix No. 4 of the Rules. A vehicle provided for the transportation of passengers and luggage on request is marked with signs with the inscription “Custom” placed: a) above the windshield of the vehicle and (or) in the upper part of the windshield; b) on the right side of the body along the direction of the vehicle; c) on the rear window of the vehicle. The short name of the freighter is indicated above the windshield and (or) on the right side of the body along the direction of the vehicle.

Thus, the distinctive features of regular transportation from registered ones are the presence of a public contract as the basis for transportation, transportation according to the established schedule along the regular route in accordance with the route passport, on the basis of permits issued by the authorized body in the field of organizing regular passenger transportation, transportation is carried out systematically .

A distinctive feature of passenger transportation by order is that transportation is carried out according to the passenger’s order, while the route and departure time are also determined by the passengers.

Based on the contents of the letter from the Ministry of Economic Development, Industrial Policy and Trade of the Orenburg Region («<…>» ) it follows that IP«<…>» certificates of transportation on intermunicipal routes No. 735 “Orenburg-Pervomaisky” and No. 633 “Buzuluk-Pervomaisky”, as well as route maps were not issued by the authorized body and information was not entered into the Register of intermunicipal routes of regular transportation across the territory of the Orenburg region.

IP«<…>» carries out customized transportation based on notification No.«<…>» on the start of business activities from«<…>» (UGADN for the Orenburg region). Transportation is carried out on the basis of charter agreements for the transportation of a certain number of passengers by road. Lists of passengers in the amount of 1-5 people are attached to these contracts.

Under the terms of charter agreements, vehicles are provided for registered transportation in the interests of a certain circle of persons. Passengers are boarded into vehicles in strict accordance with the list of a certain circle of persons who confirm their presence in the vehicle with a signature and full name provided by the Charterer before the departure and (or) start of movement of the vehicle. The period of transportation of a certain circle of persons in accordance with this agreement and in accordance with the application.

In accordance with charter agreements, the place of delivery of the vehicle is: Pervomaisky village, st. 60 years of the USSR, station square, collection at stops.

At the same time, it should be noted that charter agreements for the transportation of a certain number of passengers by road, provided in the materials of this case, were concluded mainly between individual entrepreneurs«<…>» And«<…>»

Regular nature of transportation on specified routes for an indefinite number of persons, carried out by individual entrepreneurs«<…>» , is confirmed by the presence of an information plate on vehicles that transport passengers indicating the specific route “Pervomaisky-Orenburg” and “Pervomaisky-Buzuluk”, which is confirmed by photographs provided in the materials of this case. These photographs depict the vehicles of IP Korchagin S.V. on which passengers are transported "Pervomaisky-Orenburg" and "Pervomaisky-Orenburg" («<…>» ).

In the regional newspaper “Prichaganye” since 2016. and to this day information is published that states the following:

Departure route: “Orenburg-Pervomaisky” and “Pervomaisky-Buzuluk”;

Specific departure times on the Orenburg-Pervomaisky routes (departure from Pervomaisky at 5:00, 6:00, 8:30; departure from Orenburg at 12:00, 13:00, 15:00; on Sunday 14:00, 15 :00) and “Pervomaisky-Buzuluk” (departure every hour from Pervomaisky starting at 7:00 and from Buzuluk starting at 11:00);

Payment for travel on the routes “Orenburg-Pervomaisky” (from 400 rubles) and “Pervomaisky - Buzuluk” (200 rubles) from passengers;

Notification No. 56164-UV dated August 30, 2016 is indicated. and permission 56 No. 010747 dated March 14, 2016, which were issued by the individual entrepreneur«<…>»

The fact that the above information was published in the newspapers “Prichaganye” is confirmed and not disputed by the individual entrepreneur«<…>» and his representative«<…>»

According to the information provided by the applicants, payment for regular passenger transportation is set at the following rates: “Pervomaisky-Orenburg” 550 rubles; “Pervomaisky-Buzuluk” 200 rubles.

The Commission believes that this information can be accessed by an indefinite number of persons. The content of this information is a specific schedule for the movement of vehicles on the route “Pervomaisky-Orenburg” and “Pervomaisky-Buzuluk”. Potential passengers, seeing a vehicle indicating the route, seeing information in the newspaper “Prichaganye” on the route schedule and the cost of the trip, not seeing a significant difference in carriers and taking into account the need to travel from one settlement in another, they give preference to a vehicle that travels earlier than regular flights and at a low price.

In addition, IP«<…>» receives an advantage when carrying out passenger transportation on the route “Pervomaisky-Orenburg” and “Pervomaisky-Buzuluk”, in the form of a lack of time and costs for preparing documents for participation in the competition and for issuing the relevant permits.

The commission of the Orenburg OFAS Russia, having analyzed the documents provided from the applicants and from the defendant in the materials of this case, established that the schedule of vehicles of both the applicant and the individual entrepreneur«<…>» was daily, and the departure and arrival times of vehicles coincided or were close to each other. Individual vehicle schedule«<…>» was brought to the attention of passengers at the points of departure, as well as through publication in the newspapers “Prichaganye”. Starting and final points of departure of vehicles of applicants and individual entrepreneurs«<…>» match up. Sending vehicles to individual entrepreneurs«<…>» and individual entrepreneur«<…>» carried out from the bus station, individual entrepreneur vehicles«<…>» depart from the station square next to the bus station.

The commission comes to the conclusion that the actions of the individual entrepreneur«<…>» contradict the requirements of integrity, reasonableness and fairness, based on the following: outwardly simulating the provision of registered passenger transportation services along a route coinciding with the routes of individual entrepreneurs«<…>» and individual entrepreneur«<…>» actually carries out business activities to provide services for regular passenger transportation. IP«<…>» could not have been unaware of the presence of a legitimate competitor on the market. No evidence to the contrary has been presented in the materials of this case.

Therefore, the actions of the individual entrepreneur«<…>» have the goal of obtaining advantages in carrying out business activities by violating the rules of competition between business entities (setting the time and price of a flight solely at their own discretion and in order to create illegal advantages for themselves in relation to a competitor).

IP«<…>» in violation of the requirements of current regulations, uses the intermunicipal routes “Peromaisky-Orenburg” and “Pervomaisky-Buzuluk” to make a profit. Meanwhile, other market participants operating in accordance with the requirements of regulations, including individual entrepreneurs«<…>» and individual entrepreneur«<…>» , cannot increase their income in this way, since such actions will lead to the loss of the universal nature of regular passenger transportation, which is necessary to meet the relevant needs of the population.

The operation of an unaccounted route also leads to a redistribution of passenger traffic, a change in the economic indicators of routes and, as a result, causing losses to competing business entities in the form of lost profits. Passenger outflow to individual entrepreneurs«<…>» as a result of the latter committing illegal actions, may cause losses to competing economic entities operating in good faith in the product market in question (including the applicants), in the form of lost income (lost profits) that could have been received by them under normal competitive conditions.

In accordance with clause 9 of Article 4 of the Law on the Protection of Competition, unfair competition is any actions of business entities (groups of persons) that are aimed at obtaining advantages in carrying out business activities, contrary to the legislation of the Russian Federation, business customs, the requirements of integrity, reasonableness and justice and have caused or may cause losses to other business entities - competitors, or have caused or may harm their business reputation.

The ban on unfair competition is established by Art. 14.8 of the Law on Protection of Competition.

According to Article 10- bis According to the Paris Convention (“Convention for the Protection of Industrial Property”, concluded in Paris on March 20, 1883), any act of competition that is contrary to fair customs in industrial and commercial matters is considered an act of unfair competition.

In such circumstances, the Commission considers that the individual entrepreneur«<…>» actually carries out activities similar to those that the individual entrepreneur is engaged in«<…>» and individual entrepreneur«<…>» , that is, it carries out passenger transportation regularly according to a schedule on the route “Pervomaisky-Orenburg” and “Pervomaisky-Buzuluk” under the guise of registered passenger transportation, which in turn contradicts the legislation of the Russian Federation, business customs, the requirements of integrity, reasonableness and fairness and can cause losses to other business entities are therefore an act of unfair competition in accordance with Article 14.8 of the Law on Protection of Competition.

Based on the above and taking into account the totality of available evidence established in the circumstances of the case, the Commission comes to the conclusion that the individual entrepreneur«<…>» the requirements of the current legislation of the Russian Federation establishedArticle 14.8 of the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition”, expressed in the commission of actions through the implementation of regular passenger transportation on the intermunicipal route “Pervomaisky-Buzuluk” and “Pervomaisky-Orenburg” in the absence of permits provided for by the current legislation of the Russian Federation.

The commission concludes that it is necessary to issue an order to the individual entrepreneur«<…>» on taking actions aimed at eliminating violations of antimonopoly legislation.

Guided by Article 14.8, 23, Part 1 of Article 39, Parts 1, 2 of Articles 41, 45, Article 49, Article 50 of the Federal Law of July 26, 2006№ 135-FZ “On Protection of Competition”, Commission

DECIDED:

1. Recognize IP«<…>» violated the requirements of the antimonopoly legislation establishedArticle 14.8Federal Law of July 26, 2006 No. 135-FZ “On Protection of Competition”.

2. IP«<…>» issue an order to stop regular passenger transportation on the intermunicipal route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" until receivedpermits issued by the authorized body in the field of organizing regular passenger transportation in the Orenburg region.

3. Transfer the materials of case No. 07-16-62/2017 to the authorized official of the Orenburg OFAS Russia to resolve the issue of initiating a case of an administrative offense.

This decision can be appealed to the arbitration court within three months from the date of its adoption.

Chairman of the Commission«<…>»

Order in case No. 07-16-62/2017

on taking actions aimed at eliminating violations of antimonopoly legislation

Commission of the Office of the Federal Antimonopoly Service for the Orenburg Region to consider the case of violation of antimonopoly legislation, consisting of:

Chairman of the Commission -«<…>» ,

guided by Art. 23, part 1 article 39, part 4 article 41, article 50 of the Federal Law dated July 26, 2006 No. 135-FZ “On the Protection of Competition”, based on the decision of December 15, 2017. in case No. 07-16-62/2017,

prescribes:

1. Individual entrepreneur«<…>» ( «<…>» ) take actions aimed at eliminating violations of antimonopoly legislation, for which: from the moment of receipt of this order stop regular passenger transportation on the intermunicipal route “Pervomaisky-Orenburg” and “Pervomaisky-Buzuluk” until receiving permits issued by the authorized body in the field of organizing regular passenger transportation in the Orenburg region.

2. Report the implementation of this order to the Orenburg OFAS Russia by January 22, 2018, submitting documents confirming its execution.

The order may be appealed to the arbitration court within 3 months from the date of its issue.

Note: failure to comply with this Order within the prescribed period shall entail the imposition of an administrative fine in accordance with Part 2.5 of Art. 19.5 of the Code of the Russian Federation on Administrative Offenses

Chairman of the Commission«<…>»

Members of the Commission "<…>»

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