For the implementation of regular transportation under the guise of irregular offered to fine. The State Duma obliged to license bus transportation Passenger transportation under the guise of custom-made front

Gr. case No. 2-1043/2016

SOLUTION

Kalachevsky District Court of the Volgograd Region, composed of the presiding federal judge Zaporizhskaya O.A., under the secretary Savenkova E.B., having considered in open court in the city of Kalach -on- Don June 23, 2016 Central region Volgograd, acting in the interests of an indefinite circle of persons to an individual entrepreneur Solovyov M.The. on the recognition of the activity of organizing regular transportation as illegal and the prohibition of this activity,

Installed:

The prosecutor of the Central District of the city of Volgograd, in the interests of an indefinite circle of persons, filed a lawsuit against an individual entrepreneur Solovyov M.V.

In substantiation of the stated requirements, the plaintiff stated the following.

The prosecutor's office of the Central District of the city of Volgograd conducted an inspection of compliance with the law in the organization of transportation of passengers and luggage by car, during which it was established that Soloviev M.V., having the right to transport passengers and luggage only on request, actually carries out regular transportation of passengers and luggage along the Kalach-Volgograd route, which leads to destabilization of transport services, the outflow of passengers from legitimate carriers and the deterioration of their economic situation.

The plaintiff assistant prosecutor Kalachevsky district of the Volgograd region Gadzhiev DD, acting on the instructions of the prosecutor of the Central District of Volgograd, supported the claim, asked the court to recognize the activities of IP Soloviev M.The. on the organization and transportation of passengers by road on the route "g.Kalach - g.Volgograd" regular transportation of passengers and luggage, to recognize the activities of IP Soloviev M.V. for the organization and transportation of passengers by road along the route "Mr. Kalach - Volgograd "illegal, banning it, explained the circumstances set forth in the lawsuit.

defendant IP Solovyov M.The. did not appear at the hearing, duly notified of the hearing, did not report the reasons for the failure to appear to the court.

The representative of the defendant IP Solovyova M.The. - Dronova C.G., acting on the basis of a power of attorney (ld 68), objected to the satisfaction of the plaintiff's claims, explained to the court that the activities of IP Soloviev M.The. is carried out in strict accordance with the current legislation and in accordance with paragraphs 98.99 100 and 101 of the Decree of the Government of the Russian Federation of February 14, 2009 No. 112 On Approval of the Rules for the Transportation of Passengers and Luggage by Motor Transport and Urban Surface Electric Transport.

The legislator allows for two types of transportation: regular and registered. The implementation of both registered and regular transportation is 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 date, concluded between IP Solovyov M.V. and OKGN LLC, systematic charter transportation is carried out through a public commercial offer implemented by agents of OKGN LLC. Thus, there is a formation from an indefinite circle of persons into a certain one, the transportation of which is subsequently carried out by the indicated parties. At the same time, in accordance with clause 92 of the Rules for the Transportation of Passengers, these persons board the vehicle in accordance with the boarding passes issued to them when compiling the list of passengers.

The presence of "plates", route, place of filing vehicle does not violate the current legislation on the carriage of passengers by road and does not violate the rights and interests of an indefinite number of persons.

In general statement of claim based on conjectures and assumptions, which is contrary to the provisions of Art. , . He asks in a lawsuit to the prosecutor of the Central District of Volgograd, acting in the interests of an indefinite circle of persons, to IP Solovyov M.The. on the recognition of the activity of organizing regular transportation as illegal and the prohibition to refuse this activity.

The representative of a third party that does not file independent claims on the subject of the dispute, D.V. Kulikovsky LLC, acting on the basis of a power of attorney (case file 86), objected to satisfying the claims of the prosecutor of the Central District of Volgograd, acting in the interests of an unspecified 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 did not provide evidence that the defendant carried out regular transportation under the guise of registered transportation, asks to dismiss the claim.

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

DECIDED:

In satisfaction of the claims of the prosecutor of the Central District of the city of Volgograd, acting in the interests of an indefinite circle of persons against an individual entrepreneur Solovyov M.The. on the recognition of the activity of organizing regular transportation as illegal and the prohibition of this activity - to refuse.

An appeal may be filed against the court decision within one month from the date of the final court decision 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

Commission of the Orenburg OFAS Russia for the consideration of a case on violation of antimonopoly law, consisting of:

Chairman of the Commission -«<…>» ;

Members of the Commission:

«<…>» ;

in the presence:

IP representative«<…>» ,

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

In absence:

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

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

SET UP:

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

The Orenburg OFAS Russia came to the conclusion that there arein IP actions«<…>» 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, IP«<…>» and IP«<…>» warnings issued (No. 07-23-02/2017 and No. 07-23-03/2017) on 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 obtaining permits provided for by the current legislation in the field of regulation of regular passenger traffic on intermunicipal routes.

The above warnings«<…>» and IP«<…>» not fulfilled. According to part 8 of article 39.1 of the Law on Protection of Competition, in case of failure to comply with the warning within the prescribed period, if there are signs of violation of the antimonopoly law, the antimonopoly body is obliged to decide on initiating a case.

Orenburg OFAS Russia Order No.«<…>» case No. 07-16-62/2017 was initiated against an individual entrepreneur«<…>» and IP«<…>» on the grounds of violation of the requirements established by Article 14.8 of the Federal Law "On Protection of Competition" No. 135-FZ of July 26, 2006, by carrying out regular passenger transportation along 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.

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

According to the written explanations of the IP«<…>» , IP«<…>» and oral explanations of 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 included in the register of carriers on regular intermunicipal routes.

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

Thus, under the guise of registered transportation of IP «<…>» actually organized and carries out regular passenger transportation by road along the route "Pervomaisky-Orenburg", "Pervomaisky-Buzuluk" without participation in the competition, without issuing the relevant permits, which is contrary to 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 IP«<…>» and his representative«<…>» follows that « IP «<…>» carries out activities for the transportation of passengers and luggage on orders by road transport in the following types: services for the transportation of luggage in urban traffic, in suburban traffic, in long-distance traffic, which is confirmed by notification No. «<…>» Also according to permission «<…>» IP «<…>» carries out activities for the transportation of passengers and luggage by passenger taxis on the territory of the Orenburg region.

Applications are accepted by phone if the number of people exceeds seats, then a charter agreement is concluded and applications are formed in advance according to the number of passengers.

Federal Law No. 259-FZ of 08.11.2007 expressly provides that when carrying out transportation by order, the parties agree in advance on the route and place of delivery of the vehicle, the timing of the transportation and the amount of payment for the use of the vehicle.

The information that was published in the newspaper "Prichaganye" is in the nature of a charterer's commercial offer for the implementation of 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 their own needs of legal entities, individual entrepreneurs) are carried out in a notification manner.

For this reason, IP «<…>» transports passengers not on regular routes ».

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

By virtue of paragraph 6, part 2 of Art. 8 of the Federal Law of the Russian Federation of 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 perform work and services in accordance with the list approved by the Government of the Russian Federation works and services as part of the following activities: provision of services for the transportation of passengers and luggage on orders by road (with the exception of the implementation of such transportation on regular transportation routes, as well as to meet their own needs of legal entities, individual entrepreneurs).

Places of embarkation and disembarkation of passengers:

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

- 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 the Federal Law of July 13, 2015 No. 220-ФЗ “On the Organization of Regular Transportation of Passengers and Luggage by Motor Transport and Urban Surface Electric Transport in the Russian Federation” .

By the 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 adjourned to 12/14/2017 at 10:30.

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

IP representative«<…>» and IP«<…>» supported the arguments put forward inconclusion on the circumstances of the case No. 07-16-62/2017 and written explanations. In addition, she explained that at the moment IP«<…>» . 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 of Rostransnadzor, the territorial structural unit for the Orenburg region, supported the arguments set forth earlier in the written explanations.

IP representative«<…>» 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 for consideration of the case in the absence of a representative of the individual entrepreneur«<…>» According to these explanations, the representative of the IP«<…>» thinks that IP«<…>» does not carry out regular passenger transportation, IP actions«<…>» are not aimed at obtaining advantages in the implementation of entrepreneurial activities, since individual entrepreneurs«<…>» carries out custom transportation of passengers.

Having studied the materials of the case, having listened to 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, the product is an object civil rights(including work, service, including financial service), intended for sale, exchange or other introduction into circulation.

In accordance with paragraph 4 of Article 4 of the Law on Protection of Competition, a commodity market is a sphere of circulation of goods (including foreign-made goods) that cannot be replaced by another product, or interchangeable goods (hereinafter referred to as a certain product), within which (including geographic) based on economic, technical or other feasibility or expediency, the purchaser can purchase the goods, and such an opportunity or expediency is not available outside of it.

According to paragraph 5 of Article 4 of the Law on Protection of Competition, an economic entity is a commercial organization, a non-profit organization that carries out activities that bring income to it, an individual entrepreneur, another individual who is not registered as an individual entrepreneur, but carries 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 paragraph 7 of article 4 of the Law on Protection of Competition, competition is the rivalry of economic entities, in which independent action each of them excludes or limits the possibility of each of them to unilaterally influence the general conditions for the circulation of goods on the relevant commodity market.

IP«<…>» has a license no.«<…>»

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

IP«<…>» has a license no.«<…>» to carry out activities for the transportation of passengers by road transport equipped for 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 - Buzuluk”, which is confirmed by a certificate for the right to carry out transportation, a route map, contracts for dispatch and cash services and a schedule.

IP«<…>» notification No.«<…>» «<…>» (UGADN for the Orenburg region) and permission«<…>» (Ministry of Economic Development, Industrial Policy and Trade).

IP«<…>» carries out transportation of passengers and luggage on orders by road transport along the route Pervomaisky-Orenburg and Pervomaisky-Buzuluk, which is confirmed by charter agreements and advertisements placed in the newspaper Prichaganye (Social and political newspaper Pervomaisky district Orenburg region).

Thus, taking into account the provisions of clause 7, article 4 of the Law on Protection of Competition, IP«<…>» carries out activities similar to those carried out by IP«<…>» and IP«<…>» , that is, it actually carries out business activities in the same product market for the transportation of passengers along the route Pervomaisky-Orenburg and Pervomaisky-Buzuluk, therefore, the above carriers are business entities-competitors.

Federal Law No. 259-FZ dated 08.11.2007 "Charter of Road Transport and Urban Ground Electric Transport" (hereinafter - Law No. 259) regulates 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 are divided into: regular transportation; transportation on orders; transportation by passenger taxis.

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

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

According to Article 13 of the Law of the Orenburg Region dated 09.03.2016. №3801/1039V-OZ "On the organization of regular transportation of passengers and luggage by road in the Orenburg region", a certificate of transportation on the intermunicipal route of regular transportation and a map of the corresponding route are issued by the authorized body that established this route, based on the results of an open tender for the right to carry out transportation along the route of regular transportation in accordance with the regulations 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, the transportation of passengers and luggage on order 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 (the charterer) undertakes to provide the other party (the charterer) for a fee with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods, passengers and luggage.

Based on the content of parts 2 and 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) the route and place of delivery of the vehicle; 4) a certain or indefinite circle of persons for whose transportation a vehicle is provided; 5) terms of transportation; 6) the amount of payment for the use of the vehicle; 7) the procedure for admitting passengers to board the vehicle, established taking into account the requirements provided for by the rules for the carriage of passengers (in the event that the vehicle is provided for the carriage of a certain circle of persons).

If there is no need to carry out systematic transportation of passengers and baggage on order, the charter agreement is concluded in the form of an order for the provision of a vehicle for the transportation of passengers and baggage. Details and the procedure for filling out such an order-order is established by the rules for the carriage of passengers.

Section III “transportation of passengers and luggage on request” of Government Decree No. 112 states that a charter agreement may provide for the use of vehicles for the transportation of a certain circle of persons or an indefinite number of persons. The charter agreement, which provides for the use of vehicles for the transportation of a certain circle of persons, establishes the procedure for allowing these persons to board the vehicle in accordance with paragraph 92 of these Rules. Boarding of persons specified in the charter agreement in a vehicle provided for the charter transportation of passengers and luggage is carried out upon presentation by the said 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. The charter agreement may be concluded in the form of an order for the provision of a vehicle for the carriage of passengers and baggage, drawn up by the charterer. The specified work order must contain the required details, which are defined in Appendix N 4 of the Rules. A vehicle provided for the carriage of passengers and luggage on request is issued with signs with the inscription "Registered", 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 in the direction of the vehicle; c) on the rear window of the vehicle. Above the windshield and (or) on the right side of the body in the direction of the vehicle, the short name of the charterer is indicated.

Thus, the distinguishing features of regular transportation from custom are the presence of a public contract as the basis for transportation, the implementation of 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 the carriage of passengers on request is that the carriage is carried out on the order of the passenger, while the route of movement and the time of departure are also determined by the passengers.

Based on the content 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 through the territory of the Orenburg region.

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

Under the terms of charter agreements, vehicles are provided for charter transportation in the interests of a certain circle of persons. Boarding of passengers in vehicles is carried out in strict accordance with the list of a certain circle of persons who confirm their presence in the vehicle with the signature and full name provided by the "Charter" before the departure and (or) start of the vehicle. The period of transportation of a certain circle of persons in accordance with this contract and in accordance with the application.

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

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

The regular nature of transportation on the indicated routes of an indefinite circle of persons carried out by individual entrepreneurs«<…>» , is confirmed by the presence of an information plate on vehicles that carry passengers with an indication of the specific route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk", which is confirmed by the photographs provided in the materials of the present case. These photographs show the vehicles of IP Korchagin S.V. on which passengers are transported "Pervomaisky-Orenburg" and "Pervomaisky-Orenburg" («<…>» ).

In the regional newspaper "Prichaganie" since 2016. and is currently publishing information that states the following:

Departure route: "Orenburg-Pervomaisky" and "Pervomaisky-Buzuluk";

Specific departure time 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) per passenger;

Notice No. 56164-UV dated 08/30/2016 is indicated. and permission 56 No. 010747 dated March 14, 2016, which were issued by IP«<…>»

The fact of placing the above information in the newspapers "Prichaganye" is confirmed and not disputed by the IP«<…>» and his representative«<…>»

According to the information provided by the applicants, payment for regular passenger transportation is set in the amount of: "Pervomaisky-Orenburg" 550 rubles; "Pervomaisky-Buzuluk" 200 rubles.

The Commission considers that an indefinite circle of persons can get acquainted with the specified information. The content of this information is a specific timetable for the movement of vehicles on the route "Pervomaisky-Orenburg" and "Pervomaisky - Buzuluk". Potential passengers, having seen a vehicle with an indication of the route, seeing information in the newspaper "Prichaganie" on the schedule of the route and the cost of the trip, not seeing a significant difference in carriers and taking into account the need to travel from one locality in the other, they prefer a vehicle that travels earlier than regular flights and at a low cost.

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

The commission of the Orenburg OFAS Russia, having analyzed the submitted documents from the applicants and from the defendant in the materials of the present case, established that the timetable for the movement of vehicles of both the applicant and the individual entrepreneur«<…>» was daily, and the time of departure and arrival of vehicles coincided or were close to each other. Timetable for the movement of IP vehicles«<…>» brought to the attention of passengers at the points of departure, as well as through placement in the newspapers "Prichaganye". Starting and final points of departure of vehicles of applicants and individual entrepreneurs«<…>» match up. Dispatch of vehicles«<…>» and IP«<…>» carried out from the bus station, vehicles IP«<…>» depart from the station square next to the bus station.

The Commission concludes that the actions of the IP«<…>» contradict the requirements of integrity, reasonableness and fairness, based on the following: externally simulating the provision of services for charter passenger transportation along a route that coincides with the routes of the individual entrepreneur«<…>» and IP«<…>» actually carries out business activities for the provision of services for regular passenger transportation. IP«<…>» could not have been unaware of the existence of a legitimate competitor on the market. There is no evidence to the contrary in the materials of the present case.

Therefore, the actions of the IP«<…>» are aimed at obtaining advantages in carrying out entrepreneurial 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 the current regulatory legal acts, uses the Peromaisky-Orenburg and Pervomaisky-Buzuluk inter-municipal routes for profit. Meanwhile, other market participants operating in accordance with the requirements of regulatory legal acts, including individual entrepreneurs«<…>» and IP«<…>» , cannot increase their income in this way, since such actions will lead to the loss of the universal character of regular passenger transport, which is necessary to meet the corresponding needs of the population.

The operation of an unaccounted for route also leads to a redistribution of passenger traffic, a change in the economic indicators of routes and, as a result, infliction of losses to competing business entities in the form of lost profits. The outflow of passengers to IP«<…>» as a result of the commission of illegal actions by the latter, it can cause losses to economic entities-competitors, which carry out activities in good faith in the commodity market in question (including the applicants), in the form of lost income (lost profit), which could be received by them under normal conditions of competition.

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

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

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

Under these circumstances, the Commission considers that the SP«<…>» actually carries out activities similar to that which is engaged in IP«<…>» and IP«<…>» , that is, it carries out passenger transportation regularly according to the schedule along 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 practices, the requirements of integrity, reasonableness and fairness and can cause losses to other business entities, respectively, is an act of unfair competition in accordance with Article 14.8 of the Law on Protection of Competition.

Based on the foregoing and taking into account the totality of available evidence established in the circumstances of the case, the Commission concludes that IP«<…>» the requirements of the current legislation of the Russian Federation, establishedArticle 14.8 of the Federal Law of 26.07.2006 No. 135-FZ "On Protection of Competition", expressed in the commission of actions by carrying out regular passenger transportation along 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 IP order«<…>» on the performance of actions aimed at eliminating violations of the antimonopoly law.

Guided by articles 14.8, 23, part 1 of article 39, parts 1, 2 of article 41, 45, article 49, article 50 of the Federal Law of July 26, 2006 No.№ 135-FZ "On Protection of Competition", Commission

DECIDED:

1. Recognize IP«<…>» violating the requirements of the antimonopoly law, establishedart.14.8Federal Law of July 26, 2006 No. No. 135-FZ "On Protection of Competition".

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

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

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

Chairman of the Commission«<…>»

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

on taking actions aimed at eliminating violations of the antimonopoly law

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

Chairman of the Commission -«<…>» ,

guided by Art. 23, part 1, article 39, part 4, article 41, article 50 of the Federal Law from 26.07.2006 No. 135-FZ "On 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 the antimonopoly law, for which: from the moment of receipt of this order stop regular passenger transportation on the intermunicipal route "Pervomaisky-Orenburg" and "Pervomaisky-Buzuluk" until receipt of permits issued by the authorized body in the field of organizing regular passenger transportation in the Orenburg region.

2. Report the fulfillment of this order to the Orenburg OFAS Russia by 22.01.2018 by submitting documents confirming its fulfillment.

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

Note: failure to comply with this Directive within the prescribed period entails the imposition of an administrative fine in accordance with Part 2.5 of Art. 19.5 of the RF Code of Administrative Offenses

Chairman of the Commission«<…>»

Members of the Commission<…>»

One of the common types of services in Russia for the transportation of people across highways are custom. These include flights within the city, suburban and.

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They are used for personal purposes, for sending 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 place of departure to the final destination of the vehicle. They refer to commercial flights, as a legal entity or an individual entrepreneur receives material benefits for this.

For this reason, in order to operate flights on a permanent basis or on order, the carrier must issue a license, and the vehicle itself must be equipped with a digital tachograph and a location determination system.

Rules for the transportation of passengers by buses

The main requirement for carriers operating passenger flights is the safety of all road users, 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

For the organization of transportation by bus, it is required to draw up a charter agreement in writing in accordance with Chapter 4, ed. from 03.07.2016

The transportation rules themselves have been approved since ed. 04/28/2015 The main requirements apply to the vehicle itself and its serviceability.

It must contain:

Information about the interested parties signing the document.
Type of vehicle, their number.
Route of travel and place of departure.
Determination of passengers for transportation.
Terms of the service.
The amount to pay for the trip.
The procedure for admitting people to the vehicle according to the circle of people.

If there is no need to perform systematic flights, an order can be issued for the transportation of passengers and baggage. The form for registration does not have a standard form.

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

The charterer is the person who undertakes the obligation to carry out paid service He's the carrier.
Charterer - a person who orders the service of transportation of passengers, cargo.

The rules for transporting people in chartered buses differ from those in ordinary regular buses for the passengers themselves only by a clearly planned route for their tasks. For the carrier, the documentary part is changed.

Otherwise, it must ensure safety, which depends on the driver, the condition of the vehicle, as well as the requirements that are given below. Special treatment for charter buses carrying children. Here the rules are stricter, as well as the peculiarities of documenting, 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 its glasses must be affixed with decals in red frames 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.
If there are 3 buses or more, an escort car is ordered.
Be sure to apply for permission and approval of the route. Documents for this, lists of accompanying persons and children are submitted for approval in advance.
There are travel time and duration restrictions. 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 mandatory.
The driver is required to undergo a pre-trip briefing on the rules for transporting minors.
When traveling for more than 16 hours, 2 drivers are required, who are required to replace each other after 8 hours.
Do not leave the vehicle with children, exceed the speed of 60 km / h. It is recommended to travel during daylight hours.

Responsibilities of the transporter

The main, main duty of the carrier is the safe delivery of the passenger to the destination, and, if necessary, his luggage, the fulfillment of the conditions in accordance with the charter agreement.

To do this, he must do:

Timely supply of the vehicle for boarding people at the agreed time and disembarking at the specified place. Failure to comply with the conditions carries a financial penalty.
Ensure the availability of a serviceable and safe vehicle that meets sanitary, environmental and technical requirements.
Include in the ticket price according to
Be responsible not only for your actions, but also for employees, including drivers.
Operate under 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 to the trip organizer reliable information and documents required to control compliance with legal transport.
Comply with the instructions of the regulatory authorities.
Consider complaints.
Provide information to passengers about the route.
Ensure that the driver has the necessary supporting documents (list below).
Notify the travel organizer in writing if the flight is cancelled.

Security

A passenger bus must have:

good technical condition;
quality certificate;
traffic permit in the travel ticket;
compliance with environmental standards;
contain a first aid kit, fire extinguishers for passengers and the driver;
wheel chock and an object for access to an emergency exit;
warning triangle;
place for luggage for long-distance flights;
decals on the transportation of people;
in the cabin there is an inscription "Emergency exit";
digital tachograph and documents for it;
navigator, video recorder;
for passengers transportation rules.

Do I need a license

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

Its presence allows ensuring the safety of passengers, the professional suitability of drivers and compliance with the requirements of the vehicle. It is 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 employees);
have a 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 legitimacy of the provision of the service.

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

The list is subject to change, which requires clarification at the time of application:

, which contains information on the passport.
A document confirming the official registration of an individual entrepreneur or LLC.
An identification number.
Constituent documents.
Employment records of drivers with more than 3 years of driving experience.
Certificate of 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 considering the application, the commission may issue a permit or refuse for reasons of inconsistency of the specified data, errors, which can be challenged in court.
If the requirements are not met, the carrier will have to prove that a license is not required.

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

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

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

Required documents for the driver

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

The main package should contain:

Category D driver's license.
Waybill.
license card.
The itinerary agreed with the transportation organizer.
Documents for the tachograph.

The State Council of Udmurtia submitted to the State Duma a bill on the administrative responsibility of the carrier for sending the same vehicle used to transport 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 the electronic database of the lower house of parliament.

The document states that recently the problem of accidents has become much worse in the country as a result of mass transportation, a significant part of which is carried out under the guise of custom.

At the same time, regular transportation is usually carried out by “illegal carriers” under the guise of irregular ones, with an increased risk for passengers (because during their implementation, transport security at the places of embarkation and disembarkation of passengers is not properly ensured, and vehicles and their drivers do not undergo appropriate control and verification) and contain signs of unfair competition against legal scheduled carriers.

In this regard, the State Council of Udmurtia proposed for sending the same vehicle more than three times within a month without proper coordination to impose a fine on citizens in the amount of 3-4 thousand rubles, on officials, as well as on entrepreneurs operating without the formation of a legal 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.