License for transportation of goods by road. License for road freight transportation

To transport any cargo, you must have licensing for cargo transportation activities. This is a very important document, without which cargo transportation activities are impossible. Licensing for the carriage of goods is required in accordance with the Licensing Law. According to this law, any activity related to the transportation of passengers or cargo is subject to mandatory licensing. A motor vehicle is considered to be any wheeled vehicle that can be used to transport goods, passengers or to carry out any cargo (According to the article of the Law on Motor Transport).

Licensing for the transportation of goods by road is necessary for absolutely everyone - both individual SPD and legal entities. Therefore, if you want to engage in cargo transportation, then you must obtain a license. The exception is when transportation provided to other legal entities or individuals is not in the nature of services, but is intended for personal purposes - in this case a license is not required. Licensing of activities for the transportation of any cargo must be accompanied by the presence of certain conditions: - it is necessary to have a certificate of passing a mandatory medical examination; - must have an international or national driving license; - it is also necessary to have a certificate of completion of driver courses that may be allowed to transport dangerous goods - this is if a license for the transport of dangerous goods is required.

Transportation of heavy cargo is a very complex, responsible and time-consuming job, requiring performers to have extensive practical experience and relevant knowledge. The specialists of the transport and logistics company RosTrans fully possess these qualities, which is why we always cope with the tasks of organizing and carrying out the transportation of oversized cargo with high quality, on time and without any difficulties for our clients.

Due to the peculiarities of the design, shape, and size of each cargo, each transportation of large and (or) heavy cargo is strictly individual, since it has its own difficulties and nuances. That is why freight transportation requires a special, individual approach that excludes stereotypes and formalism. The potential, knowledge and experience of our company’s employees allow us to transport oversized and heavy cargo both in accordance with the characteristics of the cargo being transported and in accordance with the needs of the customer.

The process of transporting large and heavy cargo involves transporting cargo that exceeds in weight or at least one of its overall dimensions the maximum parameter defined by the Road Traffic Rules (L=20m, B=2.55m, H=4m). Since very often cargo exceeds the specified dimensions, then, in accordance with the requirements of the governing documents, their transportation requires certain additional measures, failure to comply with which entails administrative liability.

Transportation of oversized heavy cargo is organized and carried out in accordance with the requirements of governing documents - Road Traffic Regulations and “Instructions for organizing the transportation of large cargo on the roads of the Russian Federation”.

Licensing of transportation is carried out according to the rules established by the law “On Licensing...” dated 04.05.2011 No. 99-FZ (hereinafter referred to as Law No. 99-FZ) and other regulations. This article describes how to obtain a license to carry out transportation by all modes of transport.

Licensing of passenger road transport

Licensing of automobile transportation of passengers is carried out in accordance with clause 24, part 1, art. 12 of Law No. 99-FZ in the manner set out in the regulations on licensing of road transport, approved. Decree of the Government of the Russian Federation dated February 27, 2019 N 195 (hereinafter referred to as the Regulations).

Note! The provision is valid from 03/01/2019 to 01/01/2021.

The regulation establishes that:

  1. Any activity involving the transportation of passengers and other persons by bus is subject to licensing, even when the transportation is carried out for one’s own needs or on orders.
  2. A license is not needed if people are transported by buses of special services (police, ambulance, rescuers, etc.).
  3. Permission for regular transportation of passengers between cities or within a city with suburbs is issued by territorial bodies of Rostransnadzor - departments of Gosavtodornadzor for a constituent entity of the Russian Federation or interregional departments.

Section II of the Regulations lists the requirements for a license applicant:

  • appointment of a person responsible for ensuring road safety who has passed certification;
  • availability of a license to organize and conduct their pre-trip/post-trip medical examination or an agreement drawn up with a specialized organization;
  • bus ownership.

How to obtain a license for road transport

To obtain a license to transport passengers, you need to send an application to the body that carries out licensing activities for motor transport.

Copies of the following documents are attached to the application:

  • an order appointing someone responsible for ensuring road safety;
  • agreement with a medical organization for pre-trip/post-trip examination;
  • vehicle registration certificates for all buses;
  • documents confirming the ownership of buses, if they are not the property of the applicant.

As well as a list of attached documents.

Important! Information about buses is included in the license register. It is prohibited to use buses that are not included in the register to transport people.

Rules for the carriage of passengers by road and urban electric transport

To obtain a license and conduct activities for the transportation of passengers and goods by road and electric transport, the carrier must take into account the requirements:

  • charter, approved Law of November 8, 2007 No. 259-FZ;
  • provisions specifying it (see above the requirement that the applicant comply with other regulations contained in clause 4 of the licensing regulations).

If these requirements are not met, the licensing authority may refuse to issue a license or suspend the validity of an already issued one (Part 1, Article 20 of Law No. 99-FZ).

The procedure for transporting passengers, including with luggage, buses and passenger taxis, including on request, as well as trams and trolleybuses, is regulated in detail by the Rules, approved. Decree of the Government of the Russian Federation dated February 14, 2009 No. 112 (hereinafter referred to as Rules No. 112).

The Rules also approve the forms and details of tickets, receipts for hand luggage and baggage receipts.

So, when transporting passengers, the carrier must:

  • adhere to travel schedules;
  • pick up and drop off passengers at stopping points;
  • equip vehicles with signs and route diagrams;
  • issue waybills, etc.

Transportation of goods by buses and urban electric transport

Detailed regulations for the implementation of cargo transportation by vehicles are set out in the Rules, approved. Decree of the Government of the Russian Federation dated April 15, 2011 No. 272 ​​(hereinafter referred to as Rules No. 272).

  1. The conclusion of a contract for the carriage of goods is confirmed by a waybill presented by the shipper.
  2. The form of the consignment note is approved in Appendix 4 to Rules No. 272.
  3. The carrier is given 3 days to review the customer’s application.
  4. At the agreed time, the carrier hands over the vehicle to the shipper for loading.
  5. If the submitted vehicle turns out to be faulty, this is considered a failure to submit (clause 24 of Rules No. 272).
  6. The cargo must have basic, additional, informational inscriptions, and handling signs. By default, the shipper is responsible for labeling the cargo, but the parties can agree that all these labels will be done by the freighter.
  7. If cargo is loaded/unloaded by removing the container from the vehicle, then an accompanying statement, etc., is drawn up.

Licensing of air passenger and cargo transportation

The procedure for licensing air transportation of passengers is established by regulation, approved. Decree of the Government of the Russian Federation dated 05.05.2012 No. 457:

  1. The Federal Air Transport Agency is responsible for licensing transport operations.
  2. Both charter and regular transportation are subject to licensing.
  3. To apply for a permit, you must have an aircraft, an air operator certificate, and comply with air transportation regulations.

The same Federal Air Transport Agency is responsible for licensing the transportation of goods by air.

Licensing requirements for transporting cargo are similar to licensing requirements for transporting passengers:

  • the applicant must have his own or leased aircraft with a certificate of airworthiness and an air operator certificate;
  • The applicant must comply with air transportation regulations.

Licensing of railway transportation

Licensing of railway transportation is carried out by the structural division of Rostransnadzor - Goszheldornadzor.

It issues permission:

  • for passenger transportation in suburban and long-distance traffic;
  • transportation of dangerous goods.

At the same time, for long-distance travel, passenger transportation is licensed by type of train: passenger, high-speed and express.

The licensing requirements are listed in clause 4 of the regulations, approved. by Decree of the Government of the Russian Federation dated March 21, 2012 No. 221. These are:

  1. Compliance with the rules for transporting passengers established by a number of regulations.
  2. Availability of own or leased railway rolling stock and equipment.
  3. Creation of an emergency response department within the applicant organization or conclusion of an appropriate agreement with a third-party organization.
  4. The mandatory presence on staff of an organizer of passenger transportation who complies with the qualification requirements, a person responsible for traffic safety and operation of the train, and drivers.

To obtain permission, an application is sent with documents confirming compliance with licensing requirements.

Note! The procedure for licensing the transportation of dangerous goods by rail is similar to the procedure for issuing permission to transport passengers.

Licensing of water/sea transportation

The regulation on licensing the transportation of passengers and goods, including dangerous ones, by inland water and sea transport was approved by Decree of the Government of the Russian Federation dated March 6, 2012 No. 193:

  1. The license is issued by Rostransnadzor based on documents received from Gosmorrechnadzor.
  2. The licensing requirements for obtaining a permit for any type of activity are the same, as are the documents required.
  3. As in all other cases, information about the start and termination of the carrier’s activities is published in the media (Article 21 of Law No. 99-FZ).

Note! The procedure for licensing international transportation by sea is no different from the procedure for obtaining permission to conduct carrier activities on the territory of the Russian Federation.

The licensing requirements and list of documents are the same.

General rules for issuing and obtaining a license for transportation, including international

In this section, summarizing the above, we will talk about the procedure for issuing and obtaining a license for transportation:

  1. The general rules for obtaining a permit are established by Art. 13, 14 of Law No. 99-FZ.
  2. The applicant sends an application to the licensing authority with documents confirming compliance with licensing requirements. They can be issued on paper or electronically.
  3. The list of required documents is indicated in the regulations on licensing of road transport and similar regulations for each type of transport.
  4. The licensing authority has no right to require documents outside the approved list.
  5. Documents are submitted according to the inventory, a copy of which is returned to the applicant with a preliminary note on the date of receipt of the application.
  6. Within 3 days, the licensing authority decides whether to consider the received application or not.
  7. The decision to issue or refuse to issue a license is made within 45 days from the date of receipt of the application (Clause 1, Article 14 of Law No. 99-FZ).
  8. If the licensing authority decides to issue a license, then an order for its issuance is immediately issued, which, together with the license, is registered in the register.
  9. The license is sent to the applicant within 3 working days after registration.
  10. The issued license is valid for an indefinite period.
  11. During the validity period of the license, the licensing authority conducts documentary, scheduled and unscheduled inspections.
  12. If the inspection reveals violations, the carrier is held administratively liable and the license is suspended.
  13. A license may be revoked due to termination of activity by the licensee or the court.

Responsibility for transportation without a license or in violation of its requirements

Licensing legislation does not contain actual liability measures, but only indicates such unpleasant consequences of violating licensing requirements as:

  • suspension of a license (committed by the licensing authority if there is a decision regarding violation of the license requirements in relation to the entity that has entered into legal force);
  • cancellation (carried out by the court at the request of the licensing authority, if the licensee has repeatedly grossly violated the requirements of the license) and subsequent termination (by court decision on cancellation is carried out by the licensing body).

As stated, suspension occurs only if the licensee is brought to administrative responsibility. The latter is provided for in paragraphs. 2, 3,4 tbsp. 14.1 of the Code of Administrative Offenses of the Russian Federation.

Important! The measure of liability for non-compliance with the rules of passenger transportation is established by the federal body; a constituent entity of the Russian Federation does not have such a right (determination of the RF Armed Forces dated July 15, 2015 No. 33-APG15-13).

Thus, the general procedure for licensing passenger transportation and transportation of dangerous goods by road, air, railway and water/sea transport is established by Law No. 99-FZ and is regulated in detail by provisions approved by the Government of the Russian Federation and departmental acts.

Transportation of goods is regulated by 99-FZ “On licensing of certain types of activities”. There are three types of road transport permits:

  • Standard license. Gives the right to transport commercial cargo throughout Russia. It also provides the opportunity to transport goods, the delivery of which is carried out within the framework of the enterprise’s activities.
  • General International License. Required for cargo transportation outside Russia.
  • Limited license. It only allows you to deliver goods across the Russian Federation that are necessary to support the company’s production.

Please note that these three types of permits only apply to motor vehicles. Separate licenses are required for cargo transportation by air, rail or water.

When you don't need a license

The legislation provides for two cases in which permission is not required:

  • Transportation is carried out for personal purposes.
  • The weight of transported cargo is no more than 500 kg.

Both conditions must be met simultaneously, i.e., for example, moving objects weighing more than 500 kg. even for personal purposes is already work without a license with an appropriate level of administrative responsibility.

License cards for road transport

Multi-colored cards are required for each license. They determine what type of cargo the enterprise has the right to transport.

  • Red card – transportation of goods within Russia.
  • Green – international transportation.
  • Blue – delivery of own products.
  • White with a red diagonal - transportation of dangerous goods across the territory of the Russian Federation.
  • White with green diagonal – international transportation of dangerous goods.
  • White with a blue diagonal – delivery of dangerous goods necessary for the company’s activities.

Each card is issued for a specific car and must be kept by the driver.

Requirements for a licensee

To be eligible to obtain a license for road transport, an enterprise must:

  • Have your own or leased vehicles that are approved for road traffic and meet the technical requirements for the transportation of goods.
  • Have your own or rented premises and equipment necessary to provide vehicle maintenance. It is also permissible to instead enter into partnership agreements with a contracting organization that will take on these functions.
  • Comply with the requirements for ensuring road safety, approved by 196-FZ “On Road Safety”.
  • Appoint a person responsible for ensuring safe transport traffic who has passed certification.
  • Have on staff specialists who have the right to drive vehicles, transport goods, repair and maintain vehicles in good technical condition. Employees must have appropriate qualifications and work experience.
  • Prepare all necessary documents for vehicles as required by Russian traffic regulations.
  • Have insurance for each vehicle owner.


Required documents

The license is issued by the transport inspection of the Ministry of Transport of Russia. To do this, the organization must provide the following to local authorities:

  • Application for a permit.
  • Certificate of registration of individual entrepreneur or legal entity. faces.
  • Copies of statutory documents and orders on the appointment of positions of persons in the organization.
  • Damaging information that the company has at its disposal vehicles that are suitable for transporting goods and have passed state registration.
  • Certificates of successful completion of technical inspection for these vehicles.
  • Data confirming the qualifications and education of company employees who need to meet these requirements for the position held.
  • Information confirming certification by the person responsible for road safety.
  • Documents confirming that the company's drivers have the necessary clearance to drive vehicles and work experience, have passed a mandatory medical examination, and issued insurance policies.
  • Data confirming that the enterprise has places for carrying out vehicle maintenance or contracts with companies providing car repair services.

The validity period of the license is 5 years.

Amounts of state duties

Art. 333 of the Tax Code of the Russian Federation:

  • For issuing a license for cargo transportation by road – 7,500 rubles.
  • For re-issuance of a permit due to a change in the place of work of the enterprise or a change in the direction of activity - 3,500 rubles.
  • For re-registration in other cases – 750 rubles.

The transport inspection also issues certificates:

  • For issuing a certificate confirming the qualifications of an employee - 1,300 rubles.
  • Making changes to the certificate due to a change in full name – 350 rubles.
  • Issuance of a duplicate certificate due to its loss – 1300 rubles.

Responsibility

According to Article 14.1 of the Code of Administrative Offenses of the Russian Federation, cargo transportation without a license provides for administrative liability:

  • For citizens - a fine of 2000-2500 rubles.
  • For officials – 4000-5000 rubles.
  • For legal entities – 40,000 – 50,000 rubles.

In all cases, the confiscation of the instrument of production is also assumed, i.e. car.

Liability also arises for violation of licensing requirements:

  • For citizens - 1500-2000 rubles or 4000-8000 rubles if the violation is serious.
  • For officials - 3000-4000 rubles or 5000-10000 rubles in case of a gross violation.
  • For legal entities – 30,000 – 40,000 rubles. In case of gross violation - 100,000 - 200,000 rubles.

Transport activity is an important service sector involving the transportation of goods and passengers. This type of occupation, which is closely related to, and also affects the environment and, requires the relevant government agencies. Transport activities can only be carried out after training employees, passing specific checks and obtaining permission.

In what cases is licensing of transport activities required?

First, let's find out what types of transportation are subject to licensing. The list of activities in the transport sector that require licensing is constantly changing and being updated with new items. Today, it is mandatory to obtain permission (pass licensing) if an organization plans to engage in:

  • Transportation by road of more than 8 passengers (except for official needs and);
  • transportation of passengers and goods by rail, sea and river transport;
  • commercial transportation of passengers in passenger vehicles;
  • transportation of goods over 3.5 tons (except for the official needs of individual entrepreneurs and legal entities);
  • loading and unloading of dangerous goods in ports and on railways;
  • air transportation of goods and passengers;
  • towing on water transport.

And although the licensing of passenger transport by road (motor transport), bus, sea and rail is an important topic for discussion, we will consider the procedure for licensing activities that are related to road transport services in the field of freight and passenger transport.

A specialist will talk about the concept and features of passenger transportation licensing in the video below:

How licenses are issued

To obtain the necessary license, an organization must go through several steps and ensure compliance with important conditions that the state imposes on legal entities planning to engage in transport activities.

Responsible authorities

Rostransnadzor is responsible for licensing transport activities. It is to this government agency that the organization should submit documents if you plan to carry out commercial transportation of passengers and cargo.

In addition to approving and issuing licenses, Rostransnadzor also monitors the activities of those organizations that have been authorized to do so. , the organization's transport will lead to inspection by inspectors of this government agency and - possibly - revocation of the license.

The conditions for licensing activities for the transportation of passengers and goods are described below.

Conditions

A license for transport activities is issued to organizations only if they meet certain conditions. Such strictness in the control of legal entities is due to the importance of their work.

So, you can apply for licensing if:

  • You have your own or rented premises in which vehicle maintenance and repair will be carried out, or you have entered into an agreement with an organization that will do this;
  • you have on your staff certified, qualified, experienced drivers who have passed;
  • you have a licensed medical professional on your staff who will conduct pre- and post-trip checks of drivers (or you have entered into an agreement with a specialized organization);
  • you have the necessary vehicles and technical equipment that have been tested and approved for passenger transportation;
  • vehicles are equipped with means to control traffic, work and rest regimes;
  • vehicles are equipped with certified satellite navigation equipment;
  • motor transport.

Licensing of children's transportation will be discussed in this video:

Required documents

To start the procedure for granting your organization a license, you should collect a package of documents for Rostransnadzor.

  1. Application in the prescribed form.
  2. Copies of TIN, tax registration and registration certificates of the organization. For individual entrepreneurs, instead of the last document, you will need.
  3. Copies of qualification and certification certificates of regular drivers.
  4. Copies of recent physical examinations of regular drivers.
  5. Information about the vehicle ( , and ).
  6. Certificate of ownership of the specified vehicles or.
  7. Certificate of ownership or lease agreement for premises in which vehicle maintenance and repair will be carried out.
  8. A diploma of education and a medical worker's license or an agreement with an organization that will conduct pre- and post-trip examinations of regular drivers.
  9. Notification of the inclusion of the organization’s vehicle in the Register of Categorized Transport Infrastructure.
  10. Receipt for 7500 rubles.

Statement

You can find the application form for a license on government services in the section dedicated to the activities of Rostransnadzor. There you can also check the list of documents required for filing an application.

The application indicates the name of the organization or individual entrepreneur, as well as other details important for verifying and filling out documentation. For each type of service that the organization plans to provide, you need to fill out an application form, collect a package of copies of documents, and also pay a state fee.

You can download the application form for a transportation license.

Application form for a transportation license

Application form for a transportation license - 1

Application form for a transportation license - 2

Application form for a transportation license - 3

Application form for a transportation license - 4

Application form for a transportation license - 5

Application form for a transportation license - 6

Stages of obtaining a permit

To obtain a license for transport activities, you need to collect the specified package of documents and take it to the Rostransnadzor office in your city.

  1. The submitted package is reviewed by the inspector and accepted.
  2. Rostransnadzor must respond to your application within two weeks. If your organization has not complied with the licensing conditions, or the documents contain errors, your permit will be denied in writing. Otherwise, the receipt procedure will go further.
  3. Within three days after making a positive decision, Rostransnadzor must provide the organization with a corresponding notification.
  4. If necessary, an examination of your organization's compliance with licensing conditions will be assigned. You will either bring the original documents to the Rostransnadzor office, or the commission will come directly to you for inspection and conversations with management, medical workers and drivers.

A completed license for transport activities is issued by Rostransnadzor no later than the 45th working day from the date of submission of the package of documents.

This video will tell you the dangers of transporting without a license:

8. What documents are needed to obtain a license?

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

1. Application for a license- standard application forms are issued by the transport inspectorate.
2. Certificate of registration as a private entrepreneur- copy + original.
3. Certificate of registration with the State Tax Inspectorate, or a certificate of registration of an entrepreneur with a mark from the State Tax Inspectorate.
4. Data on existing vehicles (PTS, vehicle registration certificate) - if you are not the owner of the vehicle, you need a power of attorney for the vehicle or a rental agreement.
5. Data on fixed assets, means and forms of control that ensure compliance with road safety and fire safety requirements - instead, a contract for the maintenance of your car, a service book, or documents confirming that you regularly pass Maintenance 1 and Maintenance 2 (for example, payment slips from any car service center) are suitable.
6. Declaration of the availability of own parking, or the possibility of storing vehicles in other places permitted for this purpose - you can submit to the TI a parking agreement, receipt stubs for payment for any parking, a pass to a garage-building cooperative, bring an extract from the BTI, which is 20 km away. from Moscow (or 120) there is a plot of land (house, dacha, garden) where you park your car. You can get a statement from a friend who has such a plot that he does not object to your car parked in the middle of his garden. In short, everything depends only on your imagination.
Here is the entire list of documents required to obtain a license.

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

9. To obtain a license, the transport inspection required to present a driver’s license and a medical book (options - a sanitary passport, a vehicle maintenance certificate, a travel log, etc.).

In answer to the previous question, we provided a COMPLETE list of documents that must be submitted to the TI for the issuance of a license (clause 5 of the Decree of the Government of the Russian Federation "On approval of the regulations on licensing transportation..."). In addition, in accordance with paragraph 8 of the above Resolution “It is prohibited to demand from the applicant documents not provided for by these Regulations.” So, regarding this fact, it is necessary to file a complaint with the head of the TI, or with the Ministry of Transport of the Russian Federation.

However, you must keep in mind that the above documents may be required from you by TI in the event of an inspection.

The inspection check is carried out according to a special task, which is registered in the inspection log, signed by the Head of TI, and certified with the official seal.The results of the inspection are documented in a special act, a copy of which is given to the person being inspected. By the way, the act provides a special column for comments, explanations, etc. So do not hesitate to fill it out if you are not satisfied with something. 10. When trying to obtain a license, TI requires you to provide a certificate of completion of professional training courses; documents without a certificate will not be accepted. As stated earlier, The package of documents provided for licensing includes “Data on the composition and qualifications of the enterprise’s specialists (legal entity)on the licensed type of activity and road safety."But private entrepreneurs are not legal entities. , However

By Order No. 75 of June 22, 1998 "On approval of qualification requirements for specialists of legal entities and individual entrepreneurs transporting passengers and cargo by road", Ministry of Transport of the Russian Federation

Private entrepreneurs using the labor of hired drivers, in addition to “Qualification training”, take courses on road safety.

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

List of educational institutions offering training in the above programs.