Public transport controller career growth. The controller removed the person without a ticket from the transport. So it is possible? Can the controller detain me in transport to draw up a report or pay a fine?

Currently, in Moscow ground public transport (SUE Mosgortrans) there are 2 types of controllers.

1 type– Mosgortrans controller (sometimes they are also called MGT controllers). He is an official employee of a specific bus or trolleybus depot, or tram depot. It can work on the routes of its own park or depot, or neighboring routes in District. Only those in uniform have the right to check tickets. They are easily identified by the Mosgortrans logo patch on the shoulder. Patch is required. If it is not in the right place, this is a violation, and the passenger does not owe anything to such a controller.

In addition to the form, such a controller is obliged to introduce himself and present his identification upon the first request of the passenger, in accordance with his job description:

“3. Responsibilities of the controller: 3.7. Present, for visual inspection, without handing it over to the passenger, an official identification card upon the passenger’s first request, state your last name.”

You can study the full text of the job description of Mosgortrans controllers on the official website of Mosgortrans at the link: http://www.mosgortrans.ru. Moreover, it does not matter at all whether the controller wants to this moment check your ticket personally or not. If he is currently on duty (checking tickets), then any passenger can come up and ask him for identification. Even if the ticket inspector personally doesn’t want to look at his ticket.

Rights of Mosgortrans controllers. First of all, of course, they check the tickets. If everything is in order with the form and documents (if the passenger wishes to look at them), then the passenger must present his ticket to him. If there is no ticket, his next legal step is to politely ask the passenger to punch the ticket (if there is already a ticket, but it just hasn’t been punched in the validator). If there is no ticket, buy a ticket from the driver or from him himself (the choice of who to buy the ticket from is up to the passenger): “3. Responsibilities of the controller: 3.13. In a tactful manner, oblige the person who committed the violation to pay for his or her travel or transportation hand luggage(baggage) by redeeming through a ticket control and redemption device (UKPB) in the vehicle; in the area of ​​the boarding terminal and (or) transport hub, available to the passenger with travel documents. If they are not available, purchase them from the controller (driver) boarding pass and pay it off through UKPB.” We recommend that you buy your ticket from the driver. There is a salary bonus for selling tickets. At least the driver is driving you and doing the necessary work. And the controller didn’t do anything good to you. It's better to let the driver get a bonus.

If a passenger refuses to do this, then such a controller has the right to demand to leave the passenger compartment at the nearest stop: “3.15. In case of refusal to pay for travel and (or) baggage (carry-on luggage), a person who has violated the Rules for the use of public ground public transport (trams, trolleybuses, buses) in the city of Moscow is required to leave the cabin vehicle at the nearest stop." Of course, they can only demand this (in words), and nothing more. They do not have the right (but sometimes allow themselves in violation) to try to push or pull out a passenger by force; they cannot delay the bus, demanding the driver not to go and scaring the hare, blaming him for delaying everyone else (so that the other passengers would put psychological pressure on the hare). In this case, the passenger refuses to get off, they can only call the police and report the fact of travel without a ticket at the moment. But, without the right to detain the bus or the passenger (in the cabin or at the bus stop) until the police arrive. And the job of the police will be to intercept this bus in time, while the hare is still riding on it. After all, the controller himself does not have any serious powers to detain passengers (he does not even know what the detention protocol looks like), and does not have the right to detain those who want to leave:

3. Responsibilities of the controller: 3.16. If a passenger refuses to leave the vehicle and refuses to pay for the fare, call the police to draw up a report on the administrative offense.

6. To the controller passenger transport strictly prohibited: 6.4. When exercising control, change the schedule of buses, trolleybuses, and trams.

In addition to the above, Mosgortrans inspectors can also confiscate other people's discount tickets (social cards of a Moskvich, student, etc.) from passengers if the passenger himself (voluntarily) naively presents it as his ticket for travel: 3. Responsibilities of the controller: 3.14. Seize from passengers presented to the controller during a check on the correctness of fare payment, illegitimate (fake) travel documents, including unlawfully used social cards of Muscovites (SCM), or social cards of residents of the Moscow region, as well as student travel tickets that do not belong to the persons who presented them to confirm the fact of payment travel. And if the passenger noticed the controller in time and refuses to present a social card, which could even in fact be used by “I’m a hare, there’s no ticket at all” - there can be no talk of any seizure, even if the controller saw the passenger put something in then to the turnstile, and not crawling under it, for example. There is absolutely no evidence that the passenger has someone else’s card in his pocket, even if the passenger says that there is no ticket, and a minute ago he applied an unknown type of ticket to the validator. The controller is no one, and has no right to carry out inspections, searches and other similar manipulations. Yes, on the part of the controller there may be attempts to divorce, intimidate by the police, block the card, etc. But these are all violations, and for now we are considering what the controller’s actions should be solely according to the rules. In this case (a passenger passed through the card, but said that there was no ticket at all), the controller can only politely ask to buy a ticket, and nothing more. What the passenger has in his pockets does not concern him.

Mosgortrans controllers have nothing to do with fines. Only the second type of controller can issue a fine. The first type (Mosgortrans) can work both on their own and in conjunction with type 2.

Type 2– controller of the State Public Institution “Transportation Organizer” (popularly known as GKUshnik). The same controllers who appeared under Sobyanin. They are official employees of the Moscow Department of Transport. Let me clarify right away - there is absolutely nothing to be afraid of here. They also have their own form, only in which they have the right to check tickets (http://orgp.mos.ru). The type of jacket (sweatshirt, jacket) may vary depending on the weather. In cold weather, this is an entirely blue jacket. In autumn and spring there can be a blue jacket. In summer - a white jacket or blue shirt. But, most importantly (most noticeably), they are given out by other mandatory distinctive features. The first is a red “transport control” chevron, which should hang on the left shoulder. And a badge with an individual number, which is worn in the chest area. The badge should hang completely open (as in the picture), on the outermost clothing, not covered by anything, not hidden, etc. Trainees are not provided with uniforms as such. They are required to wear a bright yellow vest on top of their civilian clothes. The chevron and badge on the vest are also required. And if any of this is missing (chevron, badge, vest) - this is a violation, and the passenger does not owe him anything:

Naturally, these controllers are also required to present their identification upon the passenger’s first request.

Rights of State Civil Code controllers. First of all, of course, they also check the tickets. If everything is in order with the form and documents (if the passenger wishes to look at them), then the passenger must show him his ticket. But if there is no ticket, his actions differ from those of the Mosgortrans controller. In this case he should ask passport (or other identification document) for issuing a fine. Well, perhaps, this is where his powers ended. After all, the passenger has no obligation to present a passport or other similar documents to any controller! Yes, he can also call the police and report the fact of traveling without a ticket and refusing to present a passport. That's all. He, like the controller of Mosgortrans, has no right to prevent a passenger from leaving by force (127 of the Criminal Code of the Russian Federation, unlawful deprivation of liberty) or otherwise detain him until the police arrive. GKU controllers are also nobody, and there is no need to be afraid of them. And forget what you saw about them on TV. This is all nonsense. It’s better to go for a longer ride and watch them. You will see how often they work by hiding the icon (so that the passenger does not notice them in time). How often do they intimidate people with various sanctions, taking advantage of the illiteracy of passengers. It’s disgusting to see the statistics on their website that dozens of fines are issued every day. People, don’t you have a single drop of self-respect to give them passports and just get a fine when you can just leave? Has your sense of mutual assistance atrophied, to the point that you don’t help others at all, whom they deceive in front of you? Yes, they are nobody at all, there is nothing difficult in helping another passenger leave, telling them about the right not to give a passport. And that’s it, all the profitability of these controllers will instantly disappear. You don't have to be a vegetable. They have no serious powers at all. They are not the police or any other security agency. All the “power” and payback (fines issued) of these controllers is based only on mass illiteracy on the part of passengers, that no one helps anyone and does not prevent them from cheating. And if you all (passengers) help each other, the controllers will not be able to do anything. Yes, this means that solely by law they can issue a fine in only 2 cases:

1. If a passenger suddenly begins to be tormented by his conscience for traveling without a ticket, and he voluntarily agrees to a fine (admits his guilt), and produces a passport (when he clearly knows that he doesn’t have to do this, that he can just take it, and leave). But, this can only be on a voluntary basis! Law, binding passenger to present his passport to some controller - simply No! There is no law allowing the inspector to detain passengers in the cabin or at a bus stop if they refuse to present their passport. Everything else is intimidation (scam) on the part of controllers or abuse of their powers.

2.If the inspectors conduct a joint raid with police officers who go with them. And then the police officer can take you to the department, where they will establish your information and issue a fine. But such joint raids are a rare occurrence. You can ride every day for 3 years and meet such a crew only 1-2 times. But, if this happens, there is nothing wrong with a trip to the department. If a fine cannot be avoided, then it is better to go there so that the inspectors (who will also go) will waste a lot of their time and miss several dozen potential birds with one stone. The ability to receive moral compensation not at the expense of profit for oneself, but at the expense of a minus for the controllers and a plus for several other passengers (who were not fined) is a very competent position of a self-respecting ideological hater of the controllers.

But in all other respects, this is just an arrogant gopota in uniform, who is afraid of people who have become zombies after watching news broadcasts about them. But in reality, they do not have serious powers and there is no need to be afraid of them. And in combination with useful tips passengers (you will see further) - you will be able to feel generally confident and learn to competently protect yourself or other passengers from them. Let there be a comfortable journey without the lawlessness of controllers!

This post is a kind of instruction for passengers public transport, and this is why it became possible.

IN recent months Passengers are increasingly complaining to us about what they consider to be unlawful actions of controllers (you can complain). Sometimes these complaints are obviously unfounded, in the spirit of “I didn’t go into the subway, but just to look, and I was fined,” but in other cases it is very difficult to figure out after the fact who was right. Of course, in any case, we try to understand the situation and honestly explain everything from a legal point of view, but often the truth is not easy to find. Most conflicts could simply not have arisen if passengers had understood in advance their rights and responsibilities when meeting with controllers.

We will disappoint in advance everyone who wants to know about any tricks that can be used to ride as a “hare”. The information below will be extremely useful only for a passenger who, by default, pays his fare in good faith.

So, the fine for traveling without a ticket today is 1,000 rubles, for traveling on someone else’s social card - 2,500 rubles. Our transportation control is carried out by the State Public Institution “Transportation Organizer”. There are also controllers from the State Unitary Enterprise Mosgortrans, but they do not have the right to draw up administrative protocols, so fewer conflicts arise with them.

1. What should the controller look like?

Each controller must have a badge on the left side of the uniform, as well as a sleeve badge on the left sleeve:

In reality, the badge is not yellow, but rather silver. The controller's number for identification in case of refusal to present an official ID is barely noticeable in three circles located above St. George the Victorious.
If these two identifying elements are not there, then most likely in front of you is not a controller, but a fraudster. Feel free to point this out.

Also, according to the rules, controllers must have a badge on their cap, but in reality, controllers usually wear caps without any insignia.

But the most important thing is the ID. No inspector can do anything without a certificate. Also, any controller is required to present an identification card to you as a passenger. Here, as in the case of the police, no tricks like “I already showed you” or “I don’t have to show you anything” are accepted. Presenting an ID is an opportunity to familiarize yourself with the information (you should pay attention to your full name and expiration date) and if you are not allowed to see the information, then you, in turn, are not obliged to present anything to an unknown person. If it is not a fraudster who behaves this way, but simply an unscrupulous controller, remember the time, place and, preferably, the number on the token, write to us, we will definitely find him and punish him :)

2. What does the controller have the right to do?

1) First of all, as you might guess, control fares :)

There is Order of the Moscow Government 490-RP dated June 28, 2011 on this matter. By translating this Order into Russian, controllers can issue an administrative protocol for ticketless travel and travel on someone else's social card (well, for several other minor items). That is, approximately like the traffic police, only not for drivers, but for passengers of public transport.

2) It is very important to know that inspectors have the right to bring the violator to the police station for the purpose of drawing up a report, if this cannot be done on the spot (“I forgot my passport at home”). There is a myth that inspectors have no rights and you can simply not show them your passport. This is not true. If you haven’t paid for your travel, then it’s better not to play dubious games and get your well-deserved fine. Otherwise, according to Article 27.2 of the Code of Administrative Offenses of the Russian Federation, controllers can completely legally take you to the department. Delivery is, of course, not detention, but the essence of the action is very similar: you will waste time, and spoil your nerves, and in the end you will still receive a protocol.

3. What can't controllers do?

Below we have collected the main violations of controllers known to us, and those that we ourselves have not encountered, but have heard that this also happens.

1) Be rude, insult and behave incorrectly.

In the eyes of a Muscovite, a controller should be a stronghold of common sense. Even if the passenger screams, grimaces or is hysterical, the controller must be an English gentleman and strictly follow the instructions. Therefore, if a controller behaves inappropriately, then it is worth reporting this to his employer or us.

If all boundaries have been completely crossed, then it would not be amiss to recall Article 5.61 of the Code of Administrative Offenses of the Russian Federation - Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form, for officials will cost from 10 to 30 thousand rubles.

As for the ban on filming yourself by anyone, not just controllers, you need to know one simple article - 152.1 of the Civil Code of the Russian Federation. According to this article, without the consent of a citizen it is prohibited only publication his images, but not a recording, so no one has the right to prohibit amateur filming of you on the bus.

In the case of controllers, publication is also unlikely to become a violation, since according to the same article, in public or public interests, publication is permitted without the consent of the citizen, and illegal actions certainly require this in the public interest.

3) Delay the departure of the vehicle.

The story about “we won’t go anywhere until you pay for the fare” is more often practiced on completely illegal grounds by drivers and is becoming a thing of the past, but you still need to know what to do in this case.

Firstly, according to Article 10.10 of the Code of Administrative Offenses of Moscow, obstruction of the driver’s official duties, resulting in an obstruction in the movement of transport (and this is how the controller’s request not to drive until the violator leaves) can be interpreted, entails a fine of five hundred to one thousand rubles, and about this It would be a good idea to remind the controller if something happens.

In addition, based on the Rules for the Use of NGPT (clause 3.1.11), the driver is obliged to “observe the route of the established route and the given traffic schedule.” That is, there cannot be any unscheduled delays here under any circumstances.

4) Confiscate any cards.

The State Public Institution "Transportation Organizer" cannot seize any documents, be it someone else's social cards or something else. They can only write out protocols.

Withdraw the card (with the corresponding withdrawal act) on ground transport Only controllers of the State Unitary Enterprise Mosgortrans can do this. Attempts to take away any travel document employees of the State Public Institution “Transportation Organizer” must be unambiguously interpreted as a criminal offense under several articles at once.

But personally, we have not encountered such complaints, thank God.

5) Draw up a resolution if you do not agree.

Inspectors, like traffic police officers, are very fond of drawing up a resolution instead of a protocol, regardless of whether the potential violator agrees with it or not. If you do not agree with the violation charged to you, on the basis of Article 28.6 of the Code of Administrative Offenses of the Russian Federation, feel free to request the drawing up of a protocol in which you describe in detail all the reasons for your disagreement and sign.
Remember! Signing the protocol does not mean you admit your guilt, but an unsigned protocol leaves a lot of questions. So feel free to describe your version of events in the protocol, sign, take a copy for yourself, and then challenge the offense charged against you in a supervisory or judicial manner.

That seems to be all the main points. If we missed something, write in the comments. You can complain about the actions of controllers on our website. Well, don’t forget to pay for travel and then, quite possibly, you simply won’t need this article :)

Excerpts from the job description of a specialist (controller) of the department for monitoring the rules for using ground urban passenger transport of the State Treasury Institution of the City of Moscow "Transportation Organizer"

2.1. The main functions of a specialist (controller) are:

2.1.1. Monitoring compliance with the rules for using ground urban passenger transport.

2.1.4. Consider cases of administrative offenses, liability for which is provided for in Articles 10.1, 10.5 of the Code of Administrative Offenses of the City of Moscow.

3. Job responsibilities

3.1.1. When performing job responsibilities to monitor the rules for using ground urban passenger transport, be dressed in uniform approved by order of the head of the institution.

3.1.2. When performing official duties to monitor compliance with the rules for using ground urban passenger transport, introduce yourself when contacting a passenger, carry with you and present, upon the passenger’s request, an expanded transport controller’s certificate.

3.1.6. Comply with the rules of internal labor regulations, safety precautions, fire safety, industrial sanitation and hygiene established in the Institution, strictly comply with the requirements of local regulations of the Institution.

3.1.8. Comply with labor protection requirements.

3.1.9. Know and comply with this job description, local regulations of the institution regulating its labor activities.

3.1.10. Collect data on the social card of a Muscovite (SCM), the social card of a resident of the Moscow region (SKMO), the universal electronic map(UEC) or discount ticket for students in the case of their use to pay for travel on public transport by persons who are not holders of the relevant social cards, or in the case of their use by the owner to provide travel for another person using a portable controller device.

3.2. The specialist (controller) of the Department is prohibited from:

3.2.3. Perform job duties during non-working hours, including during vacation and temporary disability.

4.1.3. Require passengers in the vehicle to present a travel document for verification.

4.1.4. Require the offender to present an identification document in order to draw up a protocol on an administrative offense and (or) make a decision in a case of an administrative offense.

4.1.5. Draw up protocols on administrative offenses in accordance with Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, make decisions on cases of administrative offenses, including in the manner established by Article 28.6 of the Code of Administrative Offenses of the Russian Federation within its competence.

4.1.6. Require passengers to strictly comply current rules use of ground urban passenger transport, within its competence.

4.1.8. Collect data on a Muscovite social card (SCM), a Moscow region resident social card (SKMO), a universal electronic card (UEC) or a discount ticket for students if they are used to pay for travel on public transport by persons who are not holders of the corresponding social cards , or if they are used by the owner to provide passage for another person.

Excerpts from the job description of a specialist (controller) of the department for monitoring the rules of use of the Moscow metro and the Moscow monorail transport system of the State Treasury Institution of the City of Moscow "Transportation Organizer"

2. Functions of a specialist (controller)

2.1. The main functions of a specialist (controller) are:

2.1.1. Monitoring compliance with the rules for using the Moscow Metro (hereinafter referred to as the Metro) and the Moscow Monorail transport system(hereinafter referred to as MMTS).

2.1.2. Direct identification of administrative offenses, initiation and consideration of cases of administrative offenses within its competence.

2.1.3. Consider cases of administrative offenses, liability for which is provided for in parts 2.1, 2.2 of Article 10.9 of the Code of Administrative Offenses of the city of Moscow.

3. Job responsibilities

3.1. The specialist (controller) is obliged to:

3.1.1. When performing official duties to monitor the rules for using the metro and MMTS, be dressed in uniform approved by order of the head of the institution.

3.1.2. When performing official duties to monitor compliance with the rules for using the metro and MMTS, introduce yourself when contacting a passenger, state the reason for the request, carry with you and present, upon the passenger’s request, an expanded form of a transport inspector’s certificate.

3.1.3. Show tact, delicacy and restraint in communicating with passengers, combining these qualities with exactingness.

3.1.4. Initiate and consider cases of administrative offenses within its competence in strict accordance with the law Russian Federation, fully fulfill the duties of persons entitled to initiate and consider cases of administrative offenses. In accordance with the established procedure, store, forward and transfer case materials.

3.1.7. Comply with internal labor regulations, labor protection requirements, safety regulations, fire safety, industrial sanitation and hygiene requirements established in the Institution, and strictly comply with the requirements of local regulations of the Institution.

3.1.9. Collect data on a Muscovite social card (SCM), a Moscow region resident social card (SKMO), a universal electronic card (UEC) or a discount ticket for students if they are used to pay for travel on public transport by persons who are not holders of the corresponding social cards , or if they are used by the owner to provide passage for another person using a portable controller device.

3.2. The specialist (controller) is prohibited from:

3.2.1. Be at the workplace in a state of alcoholic, narcotic (toxic) intoxication.

3.2.2. Take money, documents, personal belongings and other valuables as collateral from passengers who violate the Rules for the Use of City Transport.

3.2.3. Leave the metro or MMTS station specified in the task (except for a lunch break).

3.2.4. Perform job duties during non-working hours, including during vacation and temporary disability.

3.3. Know and comply with this job description, local regulations of the institution regulating its labor activities.

4. Rights of a specialist (controller)

4.1. The specialist (controller) has the right:

4.1.1. Request and receive from department management information and documents necessary to perform his job duties.

4.1.2. Require passengers passing through automatic checkpoints to present a travel document for verification.

4.1.3. Require the offender to present an identification document in order to draw up a protocol on an administrative offense and make a decision in a case of an administrative offense.

4.1.4. Draw up protocols on administrative offenses, make decisions on cases of administrative offenses, including in the manner established by Article 28.6 of the Code of Administrative Offenses of the Russian Federation within its competence.

4.1.5. Collect data on a Muscovite social card (SCM), a Moscow region resident social card (SKMO), a universal electronic card (UEC) or a discount ticket for students if they are used to pay for travel on public transport by persons who are not holders of the corresponding social cards , or if they are used by the owner to provide passage for another person.

Job Description for Passenger Transport Controller[name of organization, enterprise, etc.]

This job description has been developed and approved in accordance with the provisions of other regulations governing labor relations in the Russian Federation.

1. General Provisions

1.1. The controller of passenger transport belongs to the category of technical performers.

1.2. A person who has primary vocational education, without requirements for work experience, or secondary (complete) general education and special training according to an established program, without requirements for work experience, is appointed to the position of a passenger transport controller.

1.3. The controller of passenger transport is appointed and dismissed by order of the head of the enterprise upon the proposal of [fill in what is required] and is directly subordinate to [fill in what is needed].

1.4. The passenger transport controller must know:

Resolutions, directives, orders, other governing and regulatory documents of higher authorities relating to issues of passenger transport;

Rules for the carriage of passengers and luggage (carry-on luggage);

Rules traffic in terms of stopping vehicles and permitted speeds;

Forms of travel and transportation documents;

Tariffs for passenger travel and baggage (hand luggage);

Ethics of communication with passengers;

The procedure for collecting fines and the rules for issuing receipts and imposing fines on violators of travel rules (baggage transportation) in passenger transport;

Fundamentals of labor organization;

Legislation on labor and labor protection;

Internal labor regulations;

Rules and regulations of labor protection, safety, industrial sanitation and fire safety;

- [fill in what you need].

1.5. During the absence of the passenger transport controller (vacation, illness, etc.), his duties are performed by a person appointed in the prescribed manner.

1.6. [Enter as appropriate].

2. Job responsibilities

Passenger transport controller:

2.1. On passenger transport, checks whether passengers have travel documents and luggage (carry-on luggage).

2.2. Monitors passengers' compliance with travel and baggage rules.

2.3. Imposes fines on passengers and collects them in the prescribed manner for violations of travel and baggage rules.

2.4. Monitors compliance by road transport workers with the rules for transporting and serving passengers.

2.6. Checks that conductors or drivers (working without conductors) fill out ticket registration sheets correctly and comply with the traffic schedule.

2.6. Controls the equipment of buses and taxis, as well as the equipment of linear structures and stopping points.

2.7. Draws up acts and reports on violations committed by road transport workers.

2.8. [Enter as appropriate].

3. Rights

The controller of passenger transport has the right:

3.1. Receive from specialists of the structural divisions of the enterprise the information necessary to carry out their activities.

3.2. Submit proposals on issues of their activities for consideration by their immediate management.

3.3. Require the management of the enterprise to provide assistance in the performance of their official duties.

3.4. Get acquainted with the draft decisions of the enterprise management concerning its activities.

3.5. [Enter as appropriate].

4. Responsibility

The passenger transport controller is responsible for:

4.1. For improper performance or failure to fulfill one’s official duties provided for in this job description, within the limits specified labor legislation Russian Federation.

4.2. For offenses committed in the course of carrying out their activities - within the limits determined by the administrative, criminal and civil legislation of the Russian Federation.

4.3. For causing material damage - within the limits determined by the current legislation of the Russian Federation.

4.4. [Enter as appropriate].

The job description has been developed in accordance with [name, number and date of document].

Head of structural unit

[initials, surname]

[signature]

[day month Year]

Agreed:

Head of the legal department

[initials, surname]

[signature]

[day month Year]

I have read the instructions:

[initials, surname]

[signature]

[day month Year]

 

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