Do you need a license for cargo transportation in Russia?

Licensing of freight transportation

Publication date: 2019-01-29

All types of transport are potentially dangerous for people, the preservation of nature, and affect the country’s economy. Passenger and cargo transportation cannot be trusted to random people who have not received the necessary qualifications, or to unprepared transport companies. Therefore, licensing of a number of transportations is mandatory in most countries of the world.

Readers of our blog are primarily interested in answers to the following questions:

• Do you need a license to transport goods by road in Russia,
• how to get a license,
• what penalties are provided for unlicensed work.

Russian licensing of cargo transportation

The largest number of licenses is received by vehicles that are engaged in the transportation of dangerous goods and international cargo transportation. The massive use of trucks cannot be uncontrolled, so professional rights, the categories of which allow you to drive heavy vehicles of different classes, have become a unique form of individual licensing.

What road transport is subject to licensing in 2019

The legal basis for licensing road transport is federal laws N 99-FZ (dated 05/04/2011), 196-FZ (as amended on 07/27/2010), by-laws and regulations. An internal license for cargo transportation by road in Russia is required only for certain categories of cargo.

Licenses for general cargo transportation by road, passenger transportation by buses and large minibuses have been cancelled. Other names have received international licenses for truck transport, transportation of dangerous goods and industrial waste.

Types of licenses

In its classical form, in the Russian Federation only licenses are issued for the transportation of alcohol and the neutralization (including transportation) of hazardous solid waste. The license for road transport of dangerous goods has been replaced with a special permit.

A permit is a license for taxi drivers; for international cargo transportation you need to obtain a permanent “Permit”. Changing the names does not change the essence of licensing. All licenses, permits, and permits are issued for a certain period, which is reflected in the text of the permit document. Typically, the initial license is issued for one year. Subsequent applications, in the absence of violations, can be satisfied with licenses for 3-5 years.

Obtaining a license

In Russia, licensing of road transport is carried out by Rostransnadzor, represented by a separate division, Gosavtodornadzor. To obtain individual licenses, approvals, permits, it is necessary to collect a large package of documents.

It is difficult to fill out documents correctly and quickly obtain permission without legal preparation. Therefore, it makes sense to contact a specialized law firm that carries out licensing in the shortest possible time.

Regular changes to the list of licenses also affected penalties for transportation without permits. In general, administrative fines for lack of a license can be issued by Gosavtodornadzor in the amount of 15-20 minimum wages (for drivers), 30-40 minimum wages (for ATP managers), 300-400 minimum wages for legal entities.

The traffic police may fine you for transporting dangerous goods without a permit:

• driver - up to 2500 rubles,
• official - up to 20,000 rubles,
• motor transport company - up to 500,000 rubles.

License for international transport

Licensing of road transport abroad applies to any freight transport. To obtain “Permission” you need to collect a package of 10-30 documents confirming:

• ownership rights to vehicles;
• legal details;
• economic viability of the company;
• qualifications of drivers and supervisors;
• material base for repairs;
• technical condition of trucks;
• availability of insurance.

In addition to the main “Access Certificate,” Gosavtodornadzor issues a separate license card for each truck. To obtain “Admission”, it is rational to contact competent lawyers.

License for road freight transportation

Published by gruzoplaneta, 12/17/2018. Publication date: News.

Announcement: “Licensing of certain areas of the transport industry is aimed at increasing the safety of transportation by various modes of transport while reducing the risks of harm to the environment and human life.”

Licensing of certain areas of the transport industry is aimed at increasing the safety of transportation by various modes of transport while reducing the risks of harm to the environment and human life. However, not every delivery requires a license for cargo transportation and passenger transportation.

Read on, it will be interesting!

Regular changes in legislation in this area have led to different opinions and beliefs, which often run counter to current legal norms. The main question that arises among many market participants is whether a license is needed for cargo transportation in Russia? If we focus exclusively on flights carried out by road transport, then in this sector licensing is required in the following areas:

• transportation of heavy, oversized and dangerous cargo (in this case, the role of a license is played by special permits issued in accordance with Order of the Ministry of Transport of the Russian Federation dated July 4, 2011 N 179);
• transportation of passengers by vehicles equipped to transport more than eight people (with the exception of meeting the own needs of officially registered companies or private entrepreneurs);
• international routes (a standard MAP card acts as a license for international road transport);
• transportation by special vehicles of ethyl alcohol and bulk alcohol-containing non-food substances with an ethyl alcohol content of more than 25%

Licenses, as a licensing instrument for technical regulation of the market, operate within the framework of the Federal Law “On Licensing of Certain Types of Activities” dated May 4, 2011 N 99-FZ. In particular, the list of transport services that require a license is outlined in Article No. 12. When studying this document, you should be especially careful in relating the specifics of the cargo being transported to the types of activities listed in the mentioned article.

Particular attention to the type of cargo being transported!

A simple example is that you have contracted to transport a shipment of medicines, some of which contain narcotic substances. According to paragraph No. 18 of Article 12, any trafficking, including the transportation of narcotic substances, requires a license.

Therefore, from a legal standpoint, delivering such cargo without a license may be considered a violation of the law with all the ensuing consequences.

A similar example can be given in the case of using a specially equipped vehicle to transport patients or equipment to private clinics. According to paragraph 46 of Article 12, medical activities require a license. This means that such a car must have, at a minimum, a copy of the license certificate of the corresponding medical enterprise.

Thus, in the vast majority of cases, a license for cargo transportation by road is not required. But if your activity is nevertheless included in the list of compulsory licensing, then to obtain the necessary document you will have to contact the local authorized body, which has the right to consider such applications.

What documents are needed to obtain a cargo transportation license?
The most popular type of licensing is commercial passenger flights on minibuses and buses, the interior of which is designed to transport more than 8 people.
Such transport services are regulated by Decree of the Government of the Russian Federation of April 2, 2012 N 280. In this case, to obtain permission to engage in such activities, the following documents will be needed: • Application of the established form. • Technical passports of vehicles.
• Copies of driver's licenses and passports with open category “D”.
• Documentary confirmation of the availability of conditions for regular technical examination of vehicles and the possibility of medical examination of drivers before the trip.
• Copies of an extract from the register of legal entities certified by a notary (for individual entrepreneurs - an extract from the Unified State Register of Individual Entrepreneurs and a certificate of registration);
• A copy of the passport of the official responsible for passenger transportation.
• Valid technical inspection certificates.
• OSAGO insurance.
• Receipt for payment of state duty.
• Employment contracts with a licensed physician and professional drivers.
• After receiving the relevant document, all information goes into the open state Register, in which it will be possible to obtain all the data about a specific carrier.

An official license for cargo transportation for an individual entrepreneur or legal entity engaged in the delivery of dangerous and oversized cargo will require a set of documents approved by Order of the Ministry of Transport N 179.

How much will you have to pay?
As for the amount of the fee paid for obtaining a transport license for cargo transportation, in this case the amounts can be completely different. For example, to transport ethyl alcohol and other alcohol-containing substances at the rates at the end of 2018, 800 thousand rubles will be required. In other cases, the duty, according to clause 92 of part 1 of article 333.33 of the Tax Code of the Russian Federation, will be 7,500 rubles. To make changes to the license document you will have to pay 3,500 rubles. In all other cases, re-issuing a document will cost you 750 rubles. The validity of a license for road freight transportation is limited to 5 years.

Separately, it is worth highlighting the impressive penalties for carrying out business activities without a license or for gross violations of licensing requirements. The amount of the financial penalty is specified in Article 14.1. Code of Administrative Offenses of the Russian Federation. The maximum fine for individuals is up to 8,000 rubles, for legal entities – up to 200 thousand rubles. It must also be remembered that if there are persistent violations, the license may be suspended. Therefore, licensed road freight transportation requires special responsibility and constant attention to changes in current legislation.

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How to obtain a license for cargo transportation

Today, cargo transportation is a very profitable business, so many entrepreneurs are engaged in this particular field of activity. Therefore, it is necessary to determine exactly how it is possible to obtain a license to carry out this action.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Types of cargo transportation

For certain types of transportation, you must obtain a license.

Before proceeding to resolve this issue, it is necessary to determine what types of transportation exist in the Russian Federation in accordance with legislation :

1. Transportation by rail.
2. Water.
3. Airy.
4. Automotive.
5. Direct type transportation.
6. Mixed type.
7. Transportation of especially dangerous goods, etc.

Depending on what type of transportation is used, the issue of the need to obtain a license is determined. There are types of transportation in which both passengers and cargo, in the form of their luggage, can simultaneously move.

In this situation, you should refer to the legislation on the transportation of passengers, since a license will be issued specifically for this type of activity.

When do you need a license for cargo transportation?

In order to determine whether a license is needed for cargo transportation, you need to refer to the federal law “On licensing of certain types of activities.”

Thus, according to this regulatory act, transportation by air, as well as the movement of goods by water, land and rail, are subject to mandatory licensing, but only on the condition that the items transported are particularly dangerous substances .

Particular consideration should be given to activities such as air transport. And in this situation, a legal entity does not always need to have a license. So, for example, if something is moved for the organization’s own purposes, then there is no need to license this activity.

Any other air transportation aimed at making a profit necessarily requires a special permit.

What does it entitle you to?

Before determining how to obtain a license for cargo transportation, you need to understand why it is needed and what can be done if it is available.

First of all, such a document allows a legal entity or individual entrepreneur to transport goods throughout the Russian Federation. It is also possible to carry out activities in other states, but only if this is permitted by international law or treaties between countries.

If the right to carry out activities was issued within any one subject of the Russian Federation, then in order to carry out transportation in another region, the licensing authority must be notified.

The procedure for obtaining a license for cargo transportation

Once it has been determined whether a license is needed to transport goods, it is necessary to determine how it can be obtained.

Like any other legally important action, obtaining a license begins with submitting an application to the authorized body . This is the Federal Service for Supervision of Transport.

The application must be drawn up in accordance with all the rules provided for by the legislation of the Russian Federation. It is carried out in writing or electronically, depending on which submission method the applicant has chosen. Such a document must include the following information :

• information about the person who submits it (company name, TIN, date of creation and indication of the register entry);
• a request for a license and an indication of the type of activity that the person intends to carry out;
• list of attached documents;
• signature of the organization and date of execution of the document.

After the application has been drawn up, you need to prepare and submit the necessary documents along with it. Based on the results of their consideration, an appropriate decision is made.

Required documents

As noted above, the application must be accompanied by documents that confirm this or that right.

First of all, you must attach an extract from the register confirming the legality of the creation of a legal entity or individual entrepreneur . Documentation is also required that the applicant has a sufficient number of vehicles on which transportation is supposed to be carried out (certificate of ownership, lease agreement, etc.).

Among other things, the organization must have on its balance sheet the buildings and structures needed to service vehicles. This can be confirmed by ownership documents. It is also necessary to attach an agreement with a medical organization that will check the health status of drivers.

Stages of registration

First of all, you need to create and submit an application to the authorized body , which will be the first step in obtaining a license.

It is necessary to decide on the place in which this action will be carried out. This could be directly the federal transport control service or a multifunctional center. It is also possible to submit it in electronic form on the department’s website.

Attention! After the necessary documents have been submitted, the government agency makes a decision on this issue. This must happen within a period not exceeding fifteen days, excluding holidays and weekends.

If a positive decision has been made, then a license is issued, which has a paper form and confirms the right of a business entity to transport goods by various types of transport.

If a negative decision is made, time may be given to fill gaps in the documentation . If this was not done or there are other significant violations of Russian legislation, then the license will be refused.

License validity period

Like many other licenses issued to individual entrepreneurs or legal entities, this permit has a validity period.

The main document is issued for a period not exceeding five years, which is why it will have legal force until the subject is deprived of the license, he voluntarily wishes to terminate it, or the validity period expires.

It is possible to renew such a document only by submitting an application to the authorized body, which made the decision to issue it. Extension is possible only if the applicant complies with all norms provided for by Russian legislation.

Can a license be canceled or taken away?

In accordance with legal acts, a license can be taken away from an applicant only in certain cases. These include the commission of offenses or crimes enshrined in the Code of Administrative Offenses or the Criminal Code of the Russian Federation . In this case, the license is revoked for the period specified in the decision of the court.

For example, the Code of Administrative Offenses establishes such offenses as: violation of licensing requirements (Article 14.1). The Criminal Code establishes liability under Article 171 for carrying out transportation without the necessary permission. This occurs when the document has expired or the act has been cancelled.

You can cancel a license yourself by writing a statement that the citizen no longer intends to engage in this type of business.

By decision of the licensing authority, this action can also occur when the legal entity has been reorganized, which does not allow actions to be taken in relation to cargo transportation.

Conclusion

Thus, a license for cargo transportation is intended only for certain types of transport. For the most part, it is needed for the transport of hazardous substances. The procedure for issuing it is regulated by the laws of the Russian Federation.

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License for road freight transportation

Content

Transporting goods is not only a commercial activity designed to make a profit. This challenge is regularly faced by businesses that need to move their own products between branches. In both cases, an organization for cargo transportation by road requires a license.

Types of licenses

Transportation of goods is regulated by 99-FZ “On licensing of certain types of activities.” There are three types of road transport permits:

• Standard license. Gives the right to transport commercial cargo throughout Russia. It also provides the opportunity to transport goods, the delivery of which is carried out within the framework of the enterprise’s activities.
• General International License. Required for cargo transportation outside Russia.
• Limited license. It only allows you to deliver goods across the Russian Federation that are necessary to support the company’s production.

Please note that these three types of permits only apply to motor vehicles. Separate licenses are required for cargo transportation by air, rail or water.

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 cargo is no more than 500 kg.

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

License cards for road transport

Multi-colored cards are required for each license. They determine what type of cargo the enterprise has the right to transport.

• 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 of dangerous goods.
• White with a blue diagonal – delivery of dangerous goods necessary for 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 to obtain a license for road transport, an enterprise must:

• Have your own or leased vehicles that are approved for road traffic and meet the technical requirements for the transportation of goods.
• Have your own or rented premises and equipment necessary to provide vehicle maintenance. It is also permissible to instead enter into partnership agreements with a contracting organization that will take on these functions.
• Comply with the requirements for ensuring road safety, approved by 196-FZ “On Road Safety”.
• Appoint a person responsible for ensuring safe transport traffic who has passed certification.
• Have on staff specialists who have the right to drive vehicles, transport goods, repair and maintain vehicles in good technical condition. Employees must have appropriate qualifications and work experience.
• Prepare all necessary documents for vehicles as required by Russian traffic regulations.
• Have insurance for each vehicle owner.

Required documents

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

• Application for a permit.
• Certificate of registration of individual entrepreneur or legal entity. faces.
• Copies of statutory documents and orders on the appointment of positions of persons in the organization.
• Damaging information that the company has at its disposal vehicles that are suitable for transporting goods and have passed state registration.
• Certificates of successful completion of technical inspection for these vehicles.
• Data confirming the qualifications and education of company employees who need to meet these requirements for the position held.
• Information confirming certification by the person responsible for road safety.
• Documents confirming that the company's drivers have the necessary clearance to drive vehicles and work experience, have passed a mandatory medical examination, and issued insurance policies.
• Data confirming that the enterprise has places for carrying out vehicle maintenance or contracts with companies providing car repair services.

The validity period of the license is 5 years.

Amounts of state duties

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

• For issuing a license for cargo transportation by road – 7,500 rubles.
• For re-issuance of a permit due to 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.

The transport inspection also issues certificates:

• For issuing a certificate confirming the qualifications of an employee - 1,300 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 licensing requirements:

Official rating of companies for obtaining licenses for cargo transportation

Cost of obtaining a license for cargo transportation

Prices for basic services when opening a cargo transportation license

Preparation of documents for licensing

Support of on-site inspections of Rostransnadzor

Turnkey cargo transportation license

Cost of additional services when obtaining a license

Help with leasing and purchasing cars

Rent, purchase of premises, buildings

Ensuring compliance with Law No. 196-FZ

HR recruitment services

Civil liability insurance

Prices for issuing different types of license cards

Red card – transportation within the Russian Federation

Green card – cargo transportation abroad

Blue card – transportation of goods in the interests of the company, individual entrepreneur

White cards with blue, green, red stripes

Legal services when opening a license for cargo transportation

• Preparation of an application to Rostransnadzor;
• Obtaining certificates confirming the registration of individual entrepreneurs, LLCs;
• Development of constituent documentation;
• Preparation of orders for the appointment of a director and other significant employees;
• Preparation of a vehicle leasing agreement;
• Preparation of vehicle purchase agreements;
• Vehicle registration;
• Premises rental agreement;
• Agreement on the purchase of buildings, objects;
• Hiring specialists;
• Drawing up employment agreements;
• Verification of employee diplomas;
• Drawing up agreements with companies providing vehicle maintenance.

How to compile a rating of companies that help with the opening of licenses for cargo transportation

Preparation of the rating begins with an analysis of the licensing market and firms providing legal services for obtaining cards that give the right to freely transport goods throughout the Russian Federation and in neighboring countries and beyond. Our expert group studies all aspects of their activities, including the level of service, pricing policy, and the ability to resolve controversial and conflict situations. Several indicators are compared at once:

• Business reputation;
• Customer reviews;
• Prices for services provided;
• The number of refusals to clients who opened licenses through companies.

Information is taken from reliable sources and repeatedly double-checked so that visitors to the resource can receive an objective rating and use quality services.

What licenses are there for cargo transportation, and who needs them?

There are several types of licenses that market participants in national and international cargo transportation are required to obtain. Commercial transportation of goods and raw materials throughout the Russian Federation, as part of the provision of services or in the interests of an enterprise, is carried out on the basis of a standard license. If you plan to cross the customs border of Russia, you will need to obtain an international permit for cargo transportation. The law also provides for limited licenses that allow cargo to be transported throughout Russia, but only in the interests of the company that owns it to service its own production facilities and supply retail outlets.

Attention! Everyone involved in the transportation of goods must obtain the appropriate permit, with the exception of persons transporting raw materials and goods for personal interests, provided that their total weight is less than half a ton.

It is important to comply with both conditions at the same time, since if individuals transport goods or raw materials weighing more than 500 kg for their own purposes, they will still be fined for cargo transportation without a license.

What happens if you transport goods without a license?

Officials, legal entities, citizens engaged in cargo transportation for commercial or personal purposes in violation of established standards in the field of licensing are held administratively liable under Art. 14.1 Code of Administrative Offences. The fine varies from 2,000 to 50,000 rubles, depending on the status of the offender. In addition, the confiscation of a vehicle used for cargo transportation is expected. There is also administrative liability for failure to comply with licensing requirements, which is punishable by a fine in the amount of 1,500 - 200,000 rubles, depending on the severity of the offense.

What is needed to obtain a license for cargo transportation

The licensee must fulfill a number of requirements in order to obtain the required permits, giving the right to carry out standard, limited cargo transportation within the country and abroad. The applicant must have his own leased or rented vehicles that are approved for the transportation of goods. It is necessary to have premises for an office, vehicle maintenance, or enter into an agreement with a contractor who will repair trucks. The following employees are required to be hired:

• A person responsible for ensuring safety during the movement of vehicles who has passed the certification exam;
• Drivers with the appropriate category, which gives them the right to drive vehicles weighing over 3.5 tons, as well as road trains.

Documents are drawn up giving the right to use vehicles for transportation, and compulsory motor liability insurance is issued for all vehicles.

Documents for obtaining a license for cargo transportation

It is necessary to provide a package of documents, on the basis of which officials will consider the applicant’s application and decide to provide him with cards of the appropriate colors, issued for each car. In addition to the application, companies must submit a registration certificate, charter, and an order for the appointment of a general director. They document the legal ownership of the vehicle, office, and repair bays and present an agreement with the service center involved in maintenance. It is required to confirm the education, professional training, qualifications, and experience of all employees.

To quickly obtain a license for cargo transportation, contact any of the companies presented in our rating, which guarantee obtaining permits the first time.