Bus charter agreement
What is a contract for chartering a vehicle for the transport of passengers and how to draw it up
Any commercial activity is regulated not so much by legislation as by written agreements between organizations. Drawing up a contract is a complex, time-consuming process, during which it is necessary to reconcile the interests of the parties and take into account legal requirements. An agreement to charter a vehicle for the transportation of passengers and luggage is no exception.
This article will help you correctly draw up a contract of this type.
What is chartering?
Freight comes from the German word "Fracht", meaning payment for the carriage of goods. Today, freight has come to be understood as the cargo itself presented for transportation, and the process of moving goods from the sender to the recipient.
Therefore, chartering refers to the activity of transporting goods and passengers for a fee by various modes of transport.
Features of the conclusion and sample
The procedure for drawing up a contract for chartering vehicles for the transportation of passengers is regulated by the provisions of the Civil Code of the Russian Federation and the Charter of Motor Transport (Law No. 259-FZ of November 8, 2007).
The contract must include the following items:
- Information about the freighter. This person undertakes to perform the transportation under the terms of the contract. It is required to indicate the name, legal address, and bank details.
The vehicles themselves can be represented by a third party with whom the charterer has a contractual relationship:
- Information about the charterer. This person is responsible for timely payment of the carrier's services. You should indicate the name, location, bank details;
- Type of transport. Bus, utility vehicle or other vehicle. If this is important for the charterer, then it is better to indicate the make of the car or its characteristics (presence of air conditioning, toilet, etc.);
- Route and delivery point. It is advisable to describe this point in detail. The place where passengers will be boarded is determined not only by the address, but also by indicating landmarks on the ground (for example, near the entrance to a store or cafe). The route is often determined by listing the settlements that lie on the transport route.
Thus, specifying specific routes along which traffic should be carried out can create a problem. For example, if one of the roads specified in the contract is being repaired or is closed due to weather conditions, detours must be used. To solve this problem, the conditions for changing the route should be specified in the document;
- The circle of persons who must be transported. This information can be specified exactly (listing full name), or in the form of indicating the number of people who need to be delivered to their destination.
These include:
- The car is not older than 10 years;
- Transport is equipped with special signs “Transportation of children”;
- Driving at night only in special cases;
- Special requirements for the driver.
The customer should specifically stipulate the fact that children will be passengers;
- Transportation deadlines. The approximate number of hours of travel, the time and date of departure, and the time and date of arrival at the destination are indicated. It is also necessary to indicate possible deviations from the schedule;
- Cost of services. The price is agreed individually for each freight;
- The procedure for admitting passengers if transportation in accordance with the law requires the application of special rules;
- Rights and obligations of the charterer. This person undertakes:
- Provide a serviceable and ready-to-use vehicle in accordance with the terms agreed with the charterer;
- Provide a crew with appropriate qualifications to drive the vehicle;
- At your own expense, eliminate technical malfunctions of the vehicle, pay for the maintenance of the crew;
- Insure your liability to passengers in case of damage.
The charterer has the right to suspend performance of duties if the other party violates the terms of the contract;
- Rights and obligations of the charterer. A person has the right to demand that the charterer fulfill his obligations.
- Pay freight;
- Coordinate work orders in advance (if we are talking about a long-term contract);
- Ensure timely boarding of passengers and loading of luggage;
- Use transport within the time limits established by the order and in accordance with its purpose;
- Ensure that passengers comply with traffic rules, order and cleanliness in the vehicle interior;
- Do not transport explosive and flammable substances, narcotic substances and psychotropic drugs, piercing and cutting objects without special cases, firearms, etc.
- Responsibility of the parties. The parties should agree precisely on the following sanctions:
- Penalty for refusal of submitted transport suitable for use;
- Fine for damage to a car by passengers;
- Penalty for delay in provision of transport.
- Conditions of charter. In this section, the parties regulate:
- The procedure for placing orders and refusing services;
- The procedure for submitting information about the number of passengers, their personal data, and the amount of luggage;
- List of documents that must be presented by passengers;
- Duration and procedure for termination of the contract. This section is relevant for stable contractual relationships. Contracts are often concluded for a calendar year with the possibility of extension if neither party notifies the other of the desire to end the relationship.
Termination is made in writing if all obligations under the contract are fulfilled;
- Force majeure circumstances. In this section, the parties agree on cases that can be classified as force majeure, as well as the procedure for their own actions in the event of such surprises;
- Other conditions. The parties can agree on the procedure for resolving disagreements, the court where disputes will be resolved, and other issues.
- Details and signatures. This section records the names of organizations, legal addresses, TIN, bank details, as well as positions, surnames and initials of the persons who sign the document.
Differences between a charter agreement and a vehicle rental agreement
These types are similar at first glance, but have several significant differences:
- The parties bear various costs. Thus, the charterer pays for the service according to the invoice issued. The costs incurred by the counterparty for fuel, equipment repairs, and solutions to other problems do not concern him.
In the case of a lease agreement, the situation is the opposite. The vehicle is provided to the tenant in technically sound condition, but nothing more. Subsequent maintenance, such as replacing fluids or tires in the event of a puncture, is carried out by the tenant at his own expense. The owner will only pay for major repairs;
- The cost of chartering services is determined by the distance over which passengers must be transported, as well as the type of vehicle. However, carrier costs may vary. If we talk about rent, then its price depends on the cost of the equipment and the estimated depreciation period;
- When freighted, the vehicle remains in the possession of the carrier company. That is, the owner is responsible for its safety and serviceability. If we are talking about a rental, then in this case the tenant is responsible for all damage caused to the car;
- The tenant uses the equipment at his own discretion and in accordance with its functional purpose. There are no restrictions on the timing of its work or route. Chartering presupposes a more specific mode of movement and a clear result of the fulfillment of the duties of the charterer (passengers are delivered to their destination);
- As the transport proceeds, both parties to the charter agreement share responsibility for luggage and passengers. So, the charterer ensures order in the cabin, makes sure that people do not distract the driver, and so on. The charterer, in turn, monitors the driver’s compliance with traffic rules and takes measures to prevent accidents.
The lessor is responsible only for providing a technically sound vehicle. And, before driving, the driver himself must check the condition of the equipment. In the future, the owner of the vehicle has no influence on the transportation of passengers.
Contract for chartering a vehicle for the transportation of passengers and luggage upon request
chartering a vehicle for transporting passengers and luggage upon request
[Name of the motor transport enterprise], hereinafter referred to as the “Charterer,” represented by [position, full name], acting on the basis of the [Charter, Regulations, Power of Attorney], on the one hand, and [name of the charterer], hereinafter referred to as “ The Charterer, represented by [position, full name], acting on the basis of the [Charter, Regulations, Power of Attorney], on the other hand, have concluded this agreement as follows:1. The Subject of the Agreement
1.1. Under this agreement, the Charterer undertakes, upon the Charterer's order, to carry out the transportation of passengers and luggage for a fee.
2. Conditions of transportation
2.1. To fulfill the contract, the Charterer uses the following vehicles:
— brand [enter as required] state registration number [enter as required];
— brand [fill in as required] state registration number [fill in as needed].
2.2. Vehicles are provided for transportation [determine the circle of persons who will be transported].
2.3. Vehicles are delivered [time and place of delivery of the vehicle].
2.4. Route: [fill in as required].
2.5. Transportation on the specified route is carried out [throughout the year or seasonally, with buses running for a certain period of time].
2.6. Baggage allowances are [fill in as required].
2.7. Carry-on baggage allowance is [fill in as required].
3. Rights and obligations of the Parties
3.1. The charterer is obliged:
3.1.1. Comply with the requirements of the rules for the transportation of passengers and baggage, regulations and orders for the organization of passenger transportation.
3.1.2. Provide vehicles for the carriage of passengers in quantity in accordance with the terms of the contract, equipped and equipped.
3.1.3. Ensure that vehicles operate on the route in compliance with the traffic schedule.
3.1.4. Provide cultural service to passengers. Respond in a timely manner to complaints received from passengers.
3.2. The charterer has the right:
3.2.1. Refuse to accept baggage for transportation or carry-on luggage if the properties or packaging of the items included in the baggage or hand luggage do not meet the requirements established by the rules for the carriage of passengers.
3.2.2. Refuse to carry hand luggage if its placement in the vehicle will prevent passengers from entering the vehicle or exiting the vehicle.
3.3. The charterer provides:
— choosing a route route using only paved roads;
— conducting a survey of road conditions along the route;
— selection of the type of vehicle that will be used on the route.
3.4. The charterer is obliged to pay the fee established by the contract for chartering the vehicle.
3.5. The parties jointly:
— measure the length of the route, standardize speeds;
— draw up a schedule for the movement of vehicles along the route, taking into account issues of ensuring the safety of passenger transportation and the established work and rest schedule for drivers;
— develop route diagrams indicating dangerous areas.
4. Contract price and payment procedure
4.1. The amount of payment for the transportation of passengers and baggage is determined based on the Charterer's tariffs.
4.2. Payments for the transportation of passengers and baggage are calculated by the Charterer on the basis of the Charterer's account. The basis for issuing an invoice for the transportation performed is the data of the waybills certified by the Charterer.
5. Responsibility of the Parties
5.1. Provision by the Charterer of a vehicle that does not comply with the terms of this agreement, or with a delay is considered a failure to provide the vehicle.
5.2. In case of failure to provide a vehicle, the Charterer has the right to refuse to fulfill the charter agreement and collect from the Charterer a fine in the amount of 20% of the fee established for the use of the relevant vehicle. The Charterer also has the right to demand from the Charterer compensation for losses caused by him in the manner established by the Civil Code of the Russian Federation.
5.3. If it is impossible to transport passengers and luggage with the provided vehicle due to its malfunction, accident, or similar reasons, the Charterer, in agreement with the Charterer, is obliged to provide another vehicle or return the cost of using the vehicle paid by the Charterer.
5.4. If the Charterer refuses the services, the Charterer is obliged to compensate for the losses caused to him in this way.
6. Duration of the contract
6.1. The validity period of the agreement is established from the moment of signing the agreement to [day, month, year].
7. Final provisions
7.1. This agreement has been drawn up in two copies having equal legal force, one for each of the Parties.
7.2. This agreement may be terminated at the request of the Charterer upon the expiration of [meaning] days from the date of notification to the Charterer.
7.3. On all issues not reflected in this agreement, the Parties are guided by the current legislation of the Russian Federation.
Vehicle charter agreement (sample)
Vehicle charter agreement
Under a charter agreement, you can hire any type of vehicle: aircraft and sea vessels, road and rail transport, etc. A charter agreement (another name is charter) is drawn up and executed in accordance with the requirements of civil legislation, as well as relevant transport charters and codes - depending on the type of transport hired.
- charterer - the owner of a vehicle who has accepted the obligation to provide the second subject of the agreement on a reimbursable basis with the capacity (in whole or in part) of one or more means of transport for transporting goods, moving passengers and luggage for one or more flights;
- charterer - a citizen or organization that hires for a fee the necessary vehicle for the purpose of moving goods, passengers, luggage (Article 787 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ).
An essential condition of the charter agreement is a description of the subject of the agreement. In this case, this is the provision of transport with a crew for the transport of passengers and luggage or cargo. Courts disagree on when the subject matter of the contract can be considered definite and the charter agreement can be considered concluded, and when it cannot be considered. It is recommended to indicate the type of vehicle (for example, a bus) and its characteristics. Also important parameters are the delivery time of the transport to the customer and the indication of the exact transportation route.
If the subject of the agreement is defined in general terms, then the agreement must be accompanied by documents specifying the parameters of the service provided, for example, placed orders (see the decision of the Kemerovo Region AS dated January 28, 2010 in case No. A27-19912/2009).
A sample charter agreement can be found at this link:
Contract for chartering a bus for transporting passengers
The contract for chartering vehicles hired to transport passengers and luggage is always drawn up in writing (Clause 1, Article 27 of the Federal Law “Charter of Motor Transport and Urban Ground Electric Transport” dated November 8, 2007 No. 259-FZ).
The content of such an agreement is regulated by law and must include the following (clause 2 of Article 27 of the Charter):
- information about the charterer and charterer: names of organizations or individual entrepreneurs, names of authorized persons, details of documents on the basis of which they act;
- type and number of vehicles hired;
- an indication of the specific place where the requested transport will be delivered;
- description of the transportation route;
- an indication of a specific or indefinite circle of persons for whose transportation the transport is ordered;
- terms of transportation;
- cost of transport services;
- regulations for the admission of passengers to board transport, taking into account the rules for transporting passengers, if road transport is hired to transport a certain circle of persons (for example, children).
In addition to the specified information, additional clauses may be included in the charter agreement (including the rights and obligations of the parties, the procedure for resolving disputes, etc.).
If disputes arise, the court will evaluate the presence of all mandatory clauses of the contract, otherwise it may be recognized as not concluded (for example, the decision of the Voroshilovsky District Court of Rostov-on-Don dated September 14, 2015 in case No. 12-213/2015).
As a form of concluding a contract for chartering vehicles for the purpose of transporting passengers and luggage, it is allowed to issue a work order in cases where there is no need for systematic transportation (clause 4 of Article 27 of the Charter).
Contract for chartering a bus for transporting children
Organized transportation of children by bus is carried out on the basis of a charter agreement. It is permissible to conclude such an agreement in the form of a work order, the content of which is established by Appendix No. 4 of the Rules for the transportation of passengers and luggage by motor transport and urban ground electric transport, approved by Decree of the Government of the Russian Federation of February 14, 2009 No. 112 (see paragraph 5 of clause 1 of the section “Required documents" Instructions for organizers of transportation of groups of children by buses, approved by the Ministry of Internal Affairs of the Russian Federation).
The charter agreement is subject to storage by the charterer and the charterer for 3 years after each organized transportation of children (clause 5 of the Rules for the organized transportation of a group of children by bus, approved by Decree of the Government of the Russian Federation of December 17, 2013 No. 1177).
In this situation, a copy of the charter agreement must be handed over to the driver assigned to transport children 2 working days before such transportation (paragraph 2, clause 7 of Regulation No. 1177).
Charter agreement and rental agreement
A charter agreement and a vehicle rental agreement have significant differences, including:
- On the subject of the agreement. For a charter, this is a service for transporting cargo, passengers and luggage to a specific location. A lease agreement implies the transfer of transport for use and possession for a time. When leasing a vehicle with a crew, the lessor carries out the management and technical operation of such a vehicle on his own (Article 632 of Law No. 14-FZ) or does not provide such services (Article 642 of the said law). In the case of a charter agreement, this question does not arise, since the performance of functions for the management and operation of transport is inextricably linked with the subject of the agreement;
- According to the object of the agreement. In the case of a charter agreement, the capacity of the vehicle is transferred; in the case of a rental agreement, the transport with or without a crew is transferred.
So, the transport charter agreement should be drawn up in writing. An essential condition is the subject of the contract, which must be described in as much detail as possible, including the nature of the service provided, the charterer's obligation to pay, the type of transport, the period of its provision, and the final point of delivery.
Vehicle charter agreement
Related publications
Chartering involves concluding an agreement for transportation by any type of transport (land, water, air), but a significant part of business entities whose activities include transportation carry out them by car. It is the chartering of vehicles that we will consider in this article.
A vehicle charter agreement is a special type of car rental, which, according to its defining conditions, differs from a standard vehicle rental agreement, and contains a number of special provisions related to the specific use and conditions of provision of the vehicle.
Charter agreement: legal regulation
In the Russian legislative field, all aspects related to auto chartering, cargo and passenger transportation by road are regulated by the norms of Federal Law No. 259-FZ of November 8, 2007 “Charter of Road Transport and Urban Ground Electric Transport” (as amended on July 3, 2016).
The standard form for a vehicle (vehicle) charter agreement has not been approved, therefore the agreement is drawn up according to the general rule, in accordance with the requirements of clause 2 of Art. 787 of the Civil Code of the Russian Federation, the norms of which directly relate the subjects of the agreement to transport charters. In our case, to the provisions of Article 27 of Law No. 259-FZ “Charter of Motor Transport”. It sets out in detail the order, procedure and conditions in accordance with which subjects of civil law relations must enter into an Agreement for chartering a vehicle for the transportation of passengers and luggage.
Concluding a Charter Agreement: sample and contents
According to paragraph 2 of Art. 27 of Law No. 259-FZ, a vehicle freight agreement is concluded in writing and must contain:
Information about the agreement: date of signing and place of its preparation, information about the subjects of the agreement - the charterer (the person providing the vehicle) and the charterer (the person renting the vehicle);
Basic freight conditions:
type and brand of vehicle, and volume of capacity (full or partial, if partial, then in what proportion) provided for freight, volume of expected loading, frequency and cyclicity of flights (or one-time flight), route, place of delivery of the vehicle for boarding, admission conditions passengers for boarding and travel;
the procedure for the entry into force and duration of the agreement;
the cost of freight, and the terms of settlement under the freight agreement;
responsibilities and obligations of the subjects of the agreement entering into an Agreement for chartering a vehicle for the transportation of baggage and passengers;
actions of the parties to the contract in case of force majeure;
procedure and terms for resolving disagreements, disputes and material claims;
additional conditions (each of the parties, having agreed with the counterparty, can specify when signing, in addition to the basic ones, its own additional conditions);
Addresses, bank and registration details, signatures of the parties to the Agreement.
We draw attention to the nuances of registration: if the charter agreements provide for the simultaneous provision of several vehicles, a separate agreement is not drawn up for each of them, but a complete list of vehicles is formed, which is drawn up as an appendix to the Freight Agreement, and in the corresponding paragraph, instead of data on the vehicle, indicated:
“The (number of units) of vehicles are provided, the type, brand, class and technical characteristics of which are specified in Appendix No. 1. This Appendix is recognized as an integral part of this Charter Agreement”.
Features of the vehicle freight agreement
Unlike a regular car rental agreement, the Passenger Transportation Charter Agreement does not provide for the transfer of rights and powers to own and operate the chartered vehicle. Its maintenance and technical operation (as well as its commercial operation) are carried out directly by the owner-carrier in whose name the chartered vehicle is registered.
For example: when concluding a contract for chartering a bus for the purpose of delivering passengers to their destination, one subject of the agreement - the charterer - provides the driver and the bus, carries out pre-departure maintenance, as well as a medical examination of the driver, and the other party - the charterer - pays the carrier in full the established amount. terms of the contract the amount of freight.
Responsibility for causing harm to the life or health of transported passengers and their property or luggage lies with the charterer. The limits of liability of transportation subjects are established by the provisions of Art. 34 of Law No. 259-FZ.
Depending on the needs of the charterer, the contract can be concluded:
for a certain time - long-term freight, providing for a certain number of flights within a specified time;
for one trip (flight) – a one-time freight carried out on a day and time specifically specified in the contract.
Charter agreement: transportation of children and passengers with disabilities, details of registration
When concluding a charter agreement for the carriage of passengers, it is necessary to be guided by the special requirements imposed by law for the organization of passenger transportation of certain categories of citizens.
So, if the passengers for whose transportation the entities enter into a charter agreement are children, then according to the “Rules for the organized transportation of a group of children by buses”, approved by Decree of the Government of the Russian Federation No. 1177 of December 17, 2013, the following obligations of the parties must be included in the agreement:
requirement to equip the bus with an identification and warning sign “Attention! Children!";
requirements for the bus equipment - the presence of a tachograph, GLONASS system, yellow beacon on the roof of the vehicle;
the bus must not be “older” than 10 years and must meet the technical requirements established for passenger transportation;
the obligation to provide accompanying children during transportation (the ratio of accompanying persons to the number of children is established by the charterer);
ensuring control of the age of transported children (if the expected duration of the trip is more than four hours, only children over 7 years old can be transported);
ensuring the presence of a health worker for trips lasting more than 12 hours.
Another feature that must be taken into account when concluding a charter agreement: disabled passengers over long distances can only be transported in buses that have specially equipped seats. The presence of such a platform, a lift ramp, special fastenings, and if the presence of an accompanying person is necessary, should be separately indicated in the contract, if at the time of signing the charterer has information that a wheelchair user will take part in the trip.
Charter contract for the carriage of passengers
Recently, all organizations, private entrepreneurs and individuals engaged in various public transport operations have taken increased responsibility for their activities. Now citizen passengers can not worry about the safety of their lives and luggage and can confidently use the service provided. But knowing the basic provisions of the contract for chartering a vehicle for transporting passengers is important for all parties to the transaction.
Chartering a vehicle – what is it?
A charter agreement is a lease of various types of transport and protection of the rights of the parties to the transaction. Speaking about the vehicles themselves, we can describe their diversity. It includes:
- Sea ships and other vessels.
- Air Transport.
- Motor transport.
- Railway vehicles.
The first three options successfully use, and should, this type of protection. However, with regards to railway vehicles, such an innovation did not greatly affect this type of vehicle for a number of reasons.
Under the charter agreement, the charterer (lessor) undertakes to provide the charterer (lessee) with various types of transport or a share of its capacity. Categories or any other list of vehicles are not established by law.
A charter agreement involves hiring a vehicle for a certain fee (freight). It is drawn up between two parties who affix signatures and seals. The parties to the agreement consist of:
- The freighter is the owner of the transport. He undertakes to provide capacity or some part thereof in accordance with technical requirements and safety standards. The number of routes, terms, payment amounts, name of the cargo, starting and ending points of delivery of individuals, luggage or cargo, as well as other points are specified individually in the agreement form.
- Charterer - an individual or legal entity who hires road transport (air, sea) for the purpose of carrying out its activities as a carrier.
One of the legal requirements is that the agreement form must be filled out exclusively in writing, without errors or corrections.
The passenger contract and any other contract comes into force from the moment it is signed by both parties. Its validity ends when all prescribed conditions are fulfilled and the validity period expires.
Grounds for conclusion and terms of the transaction
The regulatory documents on the basis of which the parties’ transactions take place consist of several legal forms. However, the most comprehensive information is contained in two regulatory sources:
- Art. 787 Civil Code of the Russian Federation.
- Federal Law No. 259 of 2007 “Charter of Motor Transport”.
Of primary importance when concluding a charter agreement are:
- The presence of a license for the carrier's activities and other necessary documents for the purpose of legal work.
- Details and names of organizations participating in the transaction, full names of representatives of legal entities or full names of individuals.
- Description of the service provided and the object of protection (cargo, individuals, etc.).
- Indication of the type of transport (road, sea, river or air).
- Period of use of the vehicle.
- Placing orders of a specific nature if a long-term contract has been drawn up.
- Description of the route.
The absence of the above necessary clauses of the contract or one of them, as well as the addition of other conditions to them, is prohibited. This will lead to a deviation from Russian legislation. The transaction may no longer have the legal force that the parties expect.
Types of agreements
The features of drawing up different types of agreements are not very diverse. At the moment there are only two main differences:
- No crew.
- Including the crew.
The first point should include the charterer as the responsible person who provided the ship, airliner or truck for transportation. It does not provide adequate crew since this option, called bareboat charter, involves only transportation. Equipment, readiness for operation, as well as basic repairs are carried out by the lessor. Refueling, maintenance and minor repairs are carried out by the charterer.
The second option involves the provision of a vehicle along with the crew. Such an agreement is drawn up for a certain time and is called a time charter. In another way, this option is called “renting a vehicle with a crew.” Here the lessor carries out vehicle repairs, both major and current. Maintenance, refueling, equipping the crew and providing service personnel are also his responsibilities.
Crew members are employees of the charterer. They are subject to the lessor's instructions regarding management and technical operation, and the charterer's instructions regarding the commercial operation of the vehicle.
A slight difference in arrangements for the carriage of luggage or cargo is the introduction of changes. In the case of a time charter type, in which the starting and ending points are defined, unilateral amendments are prohibited. The consent of the other party is required. In contrast to this type of chartering, the linear type of transaction regulates the assignment of the schedule and route directly by the charterer.
Affiliation of transactions and their differences
Drawing up different types of agreements has an individual meaning. This depends primarily on the characteristics of the cargo itself, the transportation of passengers by age group, the type of vehicle and other differences. Since automobile chartering of land vehicles predominates in Russia, we will briefly mention its features.
Transportation of children
First, let's look at the differences between transporting children by bus. The contract for chartering a bus for transporting children can be drawn up both on a permanent basis and temporarily. This refers to route flights to and from child care facilities or individual tourist trips.
The terms of cooperation are based on the Decree of the Government of the Russian Federation dated February 14, 2009, No. 112, section on “Preparation of a list of documents” for organizing group trips for children by bus. The agreement may have long-term obligations. However, for each trip a work order can be issued, a sample of which is offered for download.
Each contract is retained by both parties for a period of three years, along with individual applications. A copy of the agreement or a separate order is given to the driver performing the transfer two days before the trip.
Transportation of passengers
The contract for chartering a bus or other type of vehicle for transporting individuals and certain luggage is slightly different from that for children. It is regulated by Article 27 of the Federal Law of the Charter of Automobile and Land Electric Transport of November 8, 2007.
One of the points of the agreement is to indicate the circle of persons or it is not defined. According to this paragraph, the approximate age of passengers is determined (up to 14 years or after). A work order is issued in the case of a single shipment. Permanent driving is governed by one long-term agreement.
Important! Safety regulations prohibit the movement of passengers around the cabin. Boarding is carried out strictly according to the list with the provision of a citizen’s identification card, if one is attached. All passengers must wear seat belts. If passengers do not comply with the rules of safe driving, the carrier is relieved of responsibility for the life and health of the transported citizens.
How to distinguish chartering from a regular arena
First, chartering includes both the vehicle itself and a share of its capacity. This creates convenience when moving both large loads or a group of people, as well as small transported objects. When renting, the entire vehicle is provided, both with and without a crew.
Secondly, for charter flights, the starting and ending points of the route are taken into account, the characteristics of the cargo or passenger (service) personnel and other aspects are described. Renting a vehicle does not tie transportation to the place of delivery or other components. Only the time of use of the vehicle is specified. Maintenance and management are the responsibility of the lessor.
Since chartering vehicles is mandatory in our country, the absence of such an agreement or violations of its terms are subject to fines.
The fine for the absence of a contract or for the driver’s refusal to provide it to civil servants is 5 thousand rubles.
Other violations related to its registration and compliance with all points are regulated by Article 11.14.2 of the Code of Administrative Offenses of the Russian Federation, introduced by 69-FZ of April 21, 2011. A sample freight agreement and vehicle application are attached. Have a successful trip!