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The Federal Law on taxi will be adopted not earlier than in a year

Legal advice 30.10.2018 at 14:41

Legal advice

Currently the state Duma are several

bills aimed at regulating the activities of transportation

of passengers and Luggage automobile taxi. One of them is a separate project

the Federal law on taxi (hereinafter – the law on a taxi) called

to establish the conceptual framework and the status of the right of all the parties of relations

which arise in the implementation of such services. How many times

experts emphasized that existing laws – at the Federal

level, this is actually one article: article 9 of the Federal law from 21

April, 2011 № 69-FZ "On amendments to certain legislative

acts of the Russian Federation" (hereinafter – the Law № 69-FZ) is not enough for

ensure the proper quality of services for the transportation by an automobile taxi,

, including on the reason coverage is far not all participants of the corresponding

market. So, for example, still does not define the status of such entities,

as aggregators of orders, and therefore, despite the fact that accumulate

a significant proportion of the taxi and determine the cost of travel, are not

responsibility to the passengers.

in this particular

the attention of the developers of the draft law on taxi pay norms about services

the order of automobile taxi, which include Internet aggregators.

According to the current version of the project, the service must exercise its

activity on the basis of contracts concerning the processing of order information

taxi to conclude that she may only have permission to

the implementation of the carriage of passengers and Luggage automobile

taxi (part 1 of article 9 of the Law № 69-FZ) the charterers. It is assumed that

the liability of such service order will carry for two reasons:

failure to comply with legislatively established procedure of information processing

(administrative responsibility) and for the transmission of the order to the person who is not

has permissions to transportations of passenger cars taxis

(liability under the regulations on the protection of the rights

consumers). For the harm caused during carriage of a passenger or his

baggage in any case will meet the freighter. However, as emphasized by

during the meeting yesterday in public chamber the public discussion of measures

the development of automobile taxi member of the relevant working group of the Committee

the state Duma transport and the construction of Yuri Nagirnyak, the grounds and limits

liability of the taxi service is one of the most contentious issues,

, and the final position will be formed only after

the determination of status. "If the aggregator determines the cost of transportation,

it is not just an information service, and direct

participant of the transportation process. This is confirmed by the practice of the European Union,

particular decision of the Court of the European Union in relation to the company Uber2,

, which the aggregator has been recognized by the participant responsible for it

implementation", – said the expert. Therefore, according to him, there are two

option: either the aggregators do not contribute to the definition of travel cost and

are considered providers of information services or define

price based on the cost of a specific shipment and delivery

services for the processing of this order, that is, the existing

day practice of obtaining aggregators to 30% of the cost of each trip

would be impossible in any case. Also, do not rule out the possibility

the appearance of the bill on taxi parameters determining regional

authorities of the specific tariffs for taxi services, said the representative of

the profile Committee of the state Duma. But the proposal – in contrast to the ideas

legislative limitations on the ability of aggregators to regulate

tariffs is not supported by the representatives of the professional community.

Speaking on behalf of the whole Moscow agglomeration's transport, Vice

the head of the Department of transportation and development of road transport

infrastructure of Moscow Dmitry Pronin said that the tariff menu

should be formed directly to taxi companies or individual entrepreneurs and

be sent to the aggregators to the passenger himself could choose, with whom and for

what rate going. It is worth noting that at the end of last week a number of

the services of a taxi issued a statement that the legislative

the ban on participation of online services in the determination of tariffs for taxi services

will lead to the fact that the orders will be to not coming loose

drivers, and those who offer the lowest price, which will increase the time and

filing machines, and the average cost of the trips.

in addition, according to

Yuri Nagirnyak, the draft law on taxi will be supplemented with provisions,

establishes clear criteria for access to the market for all participants:

companies and entrepreneurs engaged in the carriage of passenger taxis aggregators and

directly to the drivers themselves. For example, among the topics discussed

possible requirements to the last – now, recall that in article 9 of the Law No.

the 69-FZ refers only to the presence of the driver not less than three years

total driving experience – citizenship of the Russian Federation (but, most likely,

the right to impose such requirements as mandatory to be

vested in the regions, as some regions of Russia it is

is problematic due to the insufficient number of professional

drivers), the need for professional driving license

the identity for the introduction of the respective rights in Russia,

mandatory training, such as passage

additional training at least every five years.