License for the carriage of goods by road. Do I need a license to transport goods? In what cases is licensing of transport activities required?

So stop your freight car on the road to check documents. We checked, they require a license for . Confidently say that the Federal Law "On Licensing certain types activities" dated 08.08.2001 N 128-FZ does not provide for obtaining this very license. The inspector begins to argue, do not succumb to provocation, let him draw up a protocol indicating the reason for the detention .... he will not indicate ..., because according to the law they are licensed the following types transportation:

56) carriage of passengers by sea;

57) transportation by sea

58) transportation by domestic water transport passengers;

59) transportation of goods by inland water transport;

60) transportation by air of passengers (with the exception of transportation carried out aircraft state aviation, experimental aviation, civil aviation, including general aviation, free of charge); (in ed. federal law dated 08.11.2007 N 258-FZ) (see the text in the previous edition)

61) transportation of goods by air (with the exception of transportation carried out by aircraft of state aviation, experimental aviation, civil aviation, including general aviation, free of charge); (as amended by Federal Law No. 258-FZ of 08.11.2007) (see the text in the previous edition)

62) transportation of passengers by motor vehicles equipped for transportation of more than eight people (except for the case if the specified activity is carried out to meet the own needs of a legal entity or individual entrepreneur);

63) transportation of passengers and luggage by rail;

64) transportation of goods by rail;

65) carriage of goods and luggage by rail;

66) transportation of goods (movement of goods without concluding a contract of carriage) by rail common use, except for the removal of arrived cargoes from the railway exhibition tracks, their return to the railway exhibition tracks;

That. if you are not engaged in the transportation of passengers (according to clause 62.), you do not need to license activities related to the transportation of goods, except, perhaps, in one more case.

Now, in more detail, about this one moment. Let's say you contracted to a pharmaceutical warehouse, to deliver medicines to pharmacies, in your car. Everything would be fine, but some drugs may contain, in their composition, narcotic drugs. Here it is necessary to have a transportation license (according to p52, activities related to the circulation of narcotic drugs and psychotropic substances production, manufacture, processing, storage, transportation, sale, distribution, acquisition, use, destruction), and you, or your car must be entered in the license card of the enterprise, otherwise troubles cannot be avoided during the check.

8. What documents are needed to obtain a license?

To obtain a standard license for the transportation of goods, except for dangerous goods, 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 at the transport inspectorate.
2. Certificate of registration as a private entrepreneur- copy + original.
3. A certificate of registration with the State Tax Inspectorate, or a certificate of registration of an entrepreneur with a mark of the State Tax Inspection.
4. Data on available 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 lease agreement.
5. Data on fixed assets, means and forms of control that ensure compliance with the requirements for road safety and fire safety - instead, a maintenance contract for your car, a service book, or documents confirming that you regularly pass MOT 1 and MOT 2 (for example, payments from any car service).
6. Declaration on the availability of own parking, or the possibility of storing vehicles in other places permitted for this - you can submit to TI an agreement with a parking lot, receipt stubs for paying for any parking lot, a pass to a garage-building cooperative, bring an extract from the BTI, which is 20 km away from you. from Moscow (or 120) there is a piece of land (house, cottage, garden) where you park your car. You can take a statement from a friend who has such a plot that he does not mind standing your car with him in the middle of the garden. In short, it all depends on your imagination.
Here is the entire list of documents required to obtain a license.

If you are obtaining a license for a legal entity, in addition to the above documents, you must submit to TI:
7. Copies of constituent documents (if not notarized, then the 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 inspectorate demanded to present a driver's license and a medical book (options - a sanitary passport, a vehicle maintenance ticket, a register waybills etc.).

In response to the previous question, we have given the FULL list of documents, which must be submitted to TI for the issuance of a license (clause 5 of the Decree of the Government of the Russian Federation "On approval of the regulation on licensing transportation ..."). In addition, in accordance with clause 8 of the above Decree "it is prohibited to demand from the applicant documents that are not provided for by these Regulations." So, on 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, it must be borne in mind that the above documents may be required from you at the TI, in the event of an inspection. The inspection is carried out according to a special task, which is registered in the journal of inspections, signed by the Head of the TI, certified by the official seal. The results of the audit are documented in a special act, a copy of which is issued to the auditee. By the way, in the act, a special column is provided for comments, explanations, etc. So feel free to fill it out if something does not suit you.

10. When trying to get a license at TI, they require a certificate of completion of courses professional training Documents without ID will not be accepted.

As stated earlier,the package of documents submitted for licensing includes "Data on the composition and qualifications of the company's specialists (legal entity) on the licensed type of activity and road safety. But private entrepreneurs are not legal entities. However Order No. 75 dated 06/22/98"On approval of qualification requirements for specialists of legal entities and individual entrepreneurs engaged in the transportation of passengers and goods by road", Ministry of Transport of the Russian Federation , obligated all private entrepreneurs to study under the qualification training program. However, due to the fact that this requirement not stipulated in Government Decree No. 322, the obligation of an entrepreneur to study is formalized by an order issued by TI. The absence of a certificate of completion of the above courses cannot be grounds for refusing to accept documents and issue a license. However, failure to comply with the instruction on training entails the suspension of the license.

Drivers, private entrepreneurs who do not use the labor of hired drivers are trained under the program "Qualification training for the organization of transportation by road within the Russian Federation", the program is divided into 82 hour and 32 hour. The 82-hour program is passed by drivers who do not have higher and special technical education in the automotive field. 32 hour program respectively for those with a similar education received over 5 years ago. If up to 5 years ago, no need to study.

Private entrepreneurs who use the labor of hired drivers, in addition to "Qualification training" take courses on road safety.

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

List educational institutions, teaching on the above programs .

Transport activity is an important service sector, which consists in the transportation of goods and passengers. A similar occupation, closely related to, and also affecting the environment and on, requires the relevant government agencies. It is possible to carry out transport activities only after training employees, passing specific checks and obtaining a permit.

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 updated with new items. To date, it is mandatory to obtain a permit (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 cargo by rail, sea and river transport;
commercial transportation of passengers in passenger cars;
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 the railway;
air transportation of goods and passengers;
water transport towing.

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

The specialist will tell about the concept and features of licensing passenger transportation in the video below:

How licenses are issued

To obtain the required license, an organization must go through several steps and ensure compliance important conditions, which are put forward by the state to legal entities planning to engage in transport activities.

Responsible authorities

Licensing of transport activities is carried out by Rostransnadzor. It is to this state structure that the organization should submit documents if you plan to carry out commercial transportation of passengers and goods.

In addition to coordinating and issuing licenses, Rostransnadzor is also involved in monitoring the activities of those organizations that have been allowed to do so. , transport organizations will lead to inspection by inspectors of this state structure and - possibly - cancellation of the license.

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 comply with certain conditions. Such strictness in the control of legal entities is due to the importance of their work.

So, you can apply for a license if:

You have your own or rented premises in which the maintenance and repair of vehicles will be carried out, or you have an agreement with an organization that will deal with this;
you have certified qualified experienced drivers who have passed;
you have a licensed medical worker on staff who will conduct pre- and post-trip checks of drivers (or an agreement has been concluded with a specialized organization);
Do you have the necessary vehicles and technical means passed and admitted to and passenger transportation;
vehicles are equipped with means to control the mode of movement, work and rest;
vehicles are equipped with certified satellite navigation equipment;
transport .

This video will discuss the licensing of children's transportation:

Required documents

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

Application in the prescribed form.
Copies of certificates of TIN, tax registration and registration of the organization in. For IP, instead of the last document, you will need.
Copies of qualification and attestation certificates of full-time drivers.
Copies of the latest medical examinations of regular drivers.
Information about the vehicle ( , and ).
Certificate of ownership for the specified vehicle or.
Proof of ownership or lease agreement for the premises in which the maintenance and repair of the vehicle will be carried out.
A diploma of education and a license as a health worker or an agreement with an organization that will conduct pre- and post-trip inspections of regular drivers.
Notification of the inclusion of the organization's vehicle in the Register of categorized transport infrastructure.
Receipt for 7500 rubles.

Statement

You can find the application form for obtaining a license on public services in the section on 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 that are important for reconciliation and filling out the documentation. For each type of service that the organization plans to provide, you need to fill out your application form, collect a package of copies of documents, and also pay the state duty.

You can download the application form for obtaining a transportation license.

Application form for a transport 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 issuing a permit

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

The submitted package is reviewed by the inspector and accepted.
Within two weeks, Rostransnadzor must respond to your application. If your organization has not complied with the terms of the license, or if the documents contain errors, you will be denied permission in writing. Otherwise, the acquisition procedure will go further.
Within three days after a positive decision is made, Rostransnadzor must provide the organization with a corresponding notification.
If necessary, an examination of your organization's compliance with the licensing conditions will be assigned. You will either bring the original documents to the department of Rostransnadzor, or the commission will come directly to you for examination and conversations with the management, health worker and drivers.

A ready-made 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.

What is fraught with transportation without a license, this video will tell:

To transport any cargo, you must have a license for the transport of goods. This is a very important document, without which the activity of cargo transportation is impossible. Licensing for the transport of goods is required under the Licensing Law. According to this law, any activity related to the transportation of passengers or cargo is subject to mandatory licensing. An automobile vehicle is any wheeled vehicle that can be used to transport goods, passengers or to carry out any cargo (Under the article of the Law on Motor Transport). Licensing of transportation of goods by road is necessary for absolutely everyone - both individuals-SPD and legal entities. Therefore, if you want to engage in cargo transportation, then you must obtain a license without fail. An exception is the moment when transportations provided to other legal entities or individuals are not in the nature of services, but are intended for personal purposes - in this case, a license is not needed. Licensing of activities for the transportation of any goods must be accompanied by the presence of certain conditions: - it is necessary to have a certificate of passing a mandatory medical examination; - there must be an international or national certificate for the right to drive a vehicle; - it is also necessary to have a certificate of completion of the courses of drivers who can be admitted to the transport of dangerous goods - this is in case a license for the transport of dangerous goods is required. To obtain a license, you need to contact special companies that deal with licensing cars, as well as cargo transportation. Having received a license, it will be possible to carry out cargo transportation, both domestic and international. To obtain a license, you must contact the company and agree on the term and cost of obtaining a license. After that, it is usually necessary to make an advance payment and transfer Required documents. After that, the company's specialists will begin to prepare a complete package in order to submit it to the licensing authority. After a positive decision is made to issue a license to the client, he receives a state license form. The terms of the license in different cases can be reduced to a minimum.

7. Transportation of bulky and heavy cargo

Transportation of heavy cargo is a very complex, responsible and time-consuming work that requires the performers to have a large practical experience and related knowledge. These qualities are fully possessed by the specialists of the transport logistics company "RosTrans", so we always cope with the tasks of organizing and carrying out the transportation of oversized cargo in a quality manner, on time and without any difficulties for our customers.

Due to the design features, shape, dimensions of each cargo, each transportation of oversized and (or) heavy cargo is strictly individual, since it has its own complexities and nuances. That is why freight transportation requires a special, individual approach that excludes stereotypes and formalism. The potential, knowledge and experience of our employees allow us to carry out the transportation of 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 transportation of oversized and heavy cargoes implies the transportation of cargo that exceeds in weight or at least one of its overall dimensions the maximum parameter defined by the Rules of the Road (L=20m, B=2.55m, H=4m). Since very often the goods exceed the specified dimensions, then, in accordance with the requirements of the governing documents, certain additional measures are required for their transportation, the failure to comply with which entails administrative liability.

Transportation of oversized heavy cargo is organized and carried out in accordance with the requirements of the governing documents - the Rules of the Road and the "Instructions for organizing the transportation of bulky cargo on the roads of the Russian Federation".

Transportation of goods is regulated by 99-FZ "On Licensing Certain Types of Activities". There are three types of road transport permit:

Standard license. Gives the right to transport commercial cargo throughout Russia. It also provides an opportunity to transport goods, the delivery of which is carried out within the framework of the enterprise.
Standard International License. Required for cargo transportation outside of Russia.
Limited license. Allows only to deliver goods across the territory of the Russian Federation, necessary to ensure the production of the company.

Please note that these three types of permits apply only to road transport. For cargo transportation by air, rail or water, separate licenses are required.

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 goods is not more than 500 kg.

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

License cards for road transport

For each license, multi-colored cards are necessarily issued. They determine what type of cargo the company is allowed to carry.

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 dangerous goods.
White with a blue diagonal - delivery of dangerous goods necessary for the implementation of 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 for a license to road transport, the company must:

Own or rent vehicles approved for road traffic and corresponding technical requirements for the transport of goods.
Have own or rented premises and equipment necessary to provide Maintenance cars. It is also possible instead to enter into partnership agreements with a contracting organization that will take over these functions.
Comply with the requirements for ensuring road safety approved by 196-FZ "On Road Safety".
Appoint a person responsible for ensuring safe traffic, which has been certified.
To have on staff specialists who have the right to engage in driving vehicles, transporting goods, repairing and maintaining vehicles in good technical condition. Employees must have appropriate qualifications and work experience.
Issue all the necessary documents for vehicles, provided for by the rules of the road in Russia.
Have insurance for each vehicle owner.

Required documents

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

Application for a permit.
Certificate of registration of individual entrepreneur or legal entity. faces.
Copies of statutory documents and orders on the appointment of persons of the organization.
Information that damages that the company has vehicles suitable for the carriage of goods and that have passed state registration.
Coupons on the successful completion of technical inspection for these cars.
Data confirming the qualifications and education of company employees who need to meet these requirements for their position.
Information confirming the passage of certification responsible for road safety.
Documents confirming that the drivers of the company have the necessary permission to drive transport and work experience, passing the mandatory medical examination, registration of insurance policies.
Data confirming that the company has places for vehicle maintenance or contracts with companies providing car repair services.

The license is valid for 5 years.

Sizes of state duties

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

For the issuance of a license for cargo transportation by road - 7500 rubles.
For reissuing a permit in connection with 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.

Also, the transport inspectorate is engaged in issuing certificates:

For the issuance of a certificate confirming the qualifications of an employee - 1300 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 license requirements:

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