WORD TO LAWYER
The reader’s questions are answered by the lawyer of the magazine “Behind the Wheel” Sergey VOLGIN. You can ask him questions in writing or by phone (095) 208-30-27 (daily from 15 to 18 hours, except Saturday and Sunday) or E-mail: [email protected]
I bought a cargo Gazelle. Not so long ago I drove boards to the cottage, and the traffic police officer stopped and demanded a license. In what cases is it necessary to have a document on the right to transport goods and how to receive it?
Samara A. Ivanov
A license is a permit for the right to engage in any type of activity issued to a legal entity or individual entrepreneur. An entrepreneur is a person who carries out independent, at his own risk, activities aimed at the systematic receipt of profit. Therefore, only if a citizen earns a living by transporting goods, he needs a license. Essentially, making a profit should be systematic. In order to transport someone’s cargo to the country once (even for a fee!), No license is needed.
The obligation to license freight transport activities was introduced by the Law on Road Safety. The procedure for obtaining a license is determined by the Decree of the Government of the Russian Federation No. 322 dated March 16, 1999 “On Approving the Regulation on Licensing Road Transport of Passengers and Cargo in International Traffic, as well as Cargo within the Russian Federation”. The Ministry of Transport of the Russian Federation is responsible for the licensing of freight transportation, and the transport inspection directly on the ground.
There are several types of licenses by type and volume of permitted activities: standard - for the transportation of goods on a commercial basis within the Russian Federation; standard international - for the carriage of goods and passengers in international traffic and limited - for the transport of own goods for production purposes within the country.
To obtain a license, the applicant submits an application to the Transport Inspectorate, a copy of the certificate of state registration of a citizen as an individual entrepreneur, a certificate of registration with the tax authority, a document confirming payment for considering the application. No other documents may be required from the applicant. The exception is cases where the implementation of this type of activity requires confirmation of compliance with any special conditions.
A license is issued for a period of at least three years, unless the applicant himself asks for a reduction in the application. The term for consideration of the application is 30 days. If it is necessary to conduct additional research (for example, check the vehicle for compliance with safety standards), an examination is appointed. In this case, the period for consideration of the application may be extended to 60 days.
Refusal to issue a license is possible only in two cases: if the submitted documents contain false information or the applicant does not meet the licensing requirements.
Each type of license is accompanied by a card of a certain color - red (standard), green (standard international), blue (limited). White cards are issued for the transport of dangerous goods.
Termination of a license is also possible only in strictly stipulated cases: detection of false or distorted data in registration documents; repeated or gross violation of license requirements and conditions; illegality of the decision to issue a permit. The decision on cancellation is sent in writing with the obligatory provision of a deadline for correction of deficiencies (this term may not exceed six months). The termination of the license on other grounds and in a different order is not allowed and can be appealed in court.
And the last one. It must be remembered - the driver is not required to prove that he is not involved in transportation, but only carries his own cargo to his country house. And it doesn’t matter which one - one board or a ton of condensed milk. If this transportation is not on a commercial basis, no license is necessary. But there is a flip side to the coin. The traffic police inspector, if there is sufficient reason to believe that, for example, the transported goods - in fact, goods intended for sale, can delay the vehicle and place it in a specially designated guarded place until the reasons for the detention are eliminated. Of course, when all the circumstances become clear, the car will be returned, but is the game worth the candle?
Last year, I was deprived of control for one year. Then I was told that after the deadline I will have to take exams. Now, according to rumors, this is not required. Is not it?
Volgograd Grigory V.
Indeed, until recently, according to Decree of the Government of the Russian Federation No. 831 of 07/08/97, if the term of deprivation of the right to drive was 12 months or more, the driver’s license was returned after passing the theoretical exam. However, on December 15, 1999, the Government of the Russian Federation issued a new Decree No. 1396 “On Approving the Rules for Passing Qualification Exams and Issuing Driving License”. According to paragraph 42, the return of a driver’s license after the expiration of the period of deprivation of the right to drive is made upon provision of a medical certificate, without any exams. By the way, the fact that you were deprived of the right to govern before the entry into force of this decision does not matter: when the term of deprivation expires, only the current resolution of the Government will be applied. Last year, I was deprived of control for one year. Then I was told that after the deadline I will have to take exams. Now, according to rumors, this is not required. Is not it?