Good afternoon, dear reader.

This article will focus on the changes that have been made to the text since April 4, 2017. Starting from this date, new clauses have been added to the rules that have introduced additional restrictions for drivers with a driving experience of less than 2 years.

In addition, the changes affected top speed the movement of motorcycles, as well as the rules for the use of identification marks (a novice driver, a road train, a deaf driver, etc.). Let's take a closer look at the innovations.

Maximum speed of motorcycles on motorways

Consider clause 10.3 of the rules traffic:

10.3.

• cars and trucks with a license maximum weight no more than 3.5 tons on motorways - at a speed of no more than 110 km / h, on other roads - no more than 90 km / h;
• intercity and small-seat buses and motorcycles on all roads - no more than 90 km / h;

10.3. outside settlements movement is allowed:

• motorcycles, cars and trucks with a maximum authorized weight of not more than 3.5 tons on motorways - at a speed of not more than 110 km / h, on other roads - no more than 90 km / h;
• intercity and small-seat buses on all roads - no more than 90 km / h;

Thus, starting from April 4, 2017, motorcyclists can travel at a speed of 110 km/h. Previously, the limit was 90 km/h.

Towing restrictions for novice drivers

Consider new item 20.2 1 SDA:

20.2 1 . When towing, the control of towing vehicles must be carried out by drivers who have the right to drive vehicles for 2 or more years.

Let's analyze the new point in parts:

• This paragraph applies only to the towing of motor vehicles. Those. trailer towing can be performed by any driver and it will not be a violation.
• Restrictions apply only to the driver of the towing vehicle, i.e. pulling car(leading ahead). A driver with any experience can drive a second car.
• The driver of the towing vehicle must have the right to drive any vehicle for 2 years or more.

For example, if a driver at the age of 16 received a category M license, and at the age of 18 he received a category B license, then since his experience is more than 2 years, he can immediately tow.

AT this case the restriction applies specifically to novice drivers, i.e. having a driving license of any category for less than 2 years. Please note that restrictions for motorcyclists will be discussed below, which apply not only to novice drivers, although the wording of the rule clause is similar.

Fine for violation of the towing rules is provided for in Article 12.21 of the Code of Administrative Offenses and amounts to 500 rubles(or warning):

1. Violation of the rules for the carriage of goods, as well as the rules for towing -

The driver of the second car cannot tow the first car, because this is prohibited by the new paragraph 20.2 1 of the rules. The fine for violation will be 500 rubles.

Another possible option is to swap cars. However, since the drivers are not included in the OSAGO insurance, it will be 500 rubles (for each of the drivers).

What is the best way to proceed in this case? In fact, everything is quite simple. You need to ask the traffic police, who are preparing to issue a fine, to help pull the car out of the mud.

Restrictions on the transport of people on motorcycles and mopeds

Consider the updated clause 22.2 1 of the SDA:

22.2 1 . Transportation of people on a motorcycle must be carried out by a driver with a driver's license for the right to drive vehicles of category "A" or subcategory "A1" for 2 or more years, transportation of people on a moped must be carried out by a driver with a driver's license for the right to drive vehicles of any category or subcategories for 2 or more years.

This item consists of two parts, for motorcycles and for mopeds. Let's consider them separately.

Restrictions for moped drivers

Everything is pretty simple here. To transport people on a moped, the driver must have a driver's license of any category for 2 years or more. Those. a novice driver is not allowed to carry people on a moped.

Let me remind you that a driver's license is currently suitable for driving mopeds, in which any category is open and.

Restrictions for motorcyclists

The restrictions for motorcyclists are slightly more complex. To transport people on a motorcycle, you need to have a driving license of category A or subcategory A1 for 2 years. Please note that this restriction does not apply only to novice drivers.

For example, a driver has 40 years of driving experience in categories B, C, D and wants to switch to a motorcycle after retirement. He receives a category A driver's license and buys a motorcycle with a cradle, on which he plans to ride with his wife to the country.

Such a driver cannot be called a beginner in terms of traffic rules, since the driving experience exceeds 2 years. However, the driver cannot carry passengers for 2 years.

In this case, the driver only needs to put the motorcycle in the garage, and put the certificate on the shelf in order to return to the idea after 2 years. Naturally, during this time the driver will not become more experienced. Rather, on the contrary, he will partially lose the skills acquired in a driving school.

The penalty for violation of the rules for the carriage of passengers is provided for in part 1 and amounts to 500 rubles:

1. Violation of the rules for transporting people, with the exception of cases provided for by paragraphs 2-6 of this article, -

shall entail the imposition of an administrative fine in the amount of five hundred roubles.

Features of the installation of the sign "Beginner driver"

Minor changes have also been made to the description of the "Beginner Driver" sign:

"Beginner Driver"- in the form of a yellow square (side 150 mm) with a black exclamation mark 110 mm high - behind motor vehicles (except for tractors, self-propelled machines and motorcycles) driven by drivers who have the right to drive these vehicles for less than 2 years.

"Beginner Driver"- in the form of a yellow square (side 150 mm) with a black exclamation mark 110 mm high - behind motor vehicles (except for tractors, self-propelled machines, motorcycles and mopeds) driven by drivers who have the right to drive these vehicles for less than 2 years.

Until April 4, 2017, the "Beginner Driver" sign had to be installed, among other things, on the back of mopeds. New edition The SDA cancels this requirement.

The introduction of a fine for the lack of identification marks

7.15 1 . There are no identification marks that must be installed in accordance with the Basic Provisions for the Admission of Vehicles to Operation and Duties officials on ensuring road safety, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 "On the Rules of the Road".

Starting from April 4, 2017, the operation of vehicles that do not have identification marks is prohibited. These are the following signs:

• Road train.
• Transportation of children.
• Deaf driver.
• Educational vehicle.
• Speed ​​limit.
• Dangerous cargo.
• Oversized cargo.
• Slow vehicle.
• Long vehicle.
• Novice driver.

Thus, for the absence of the signs listed above, it is possible to receive a fine of 500 rubles(Part 1 of Article 12.5 of the Code of Administrative Offenses):

1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the Authorization of Vehicles for Operation and the Obligations of Officials to Ensure Road Safety, the operation of the vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 to 7 of this article,

shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.

Additional penalties (for example,) are not imposed.

Please note for illegal installation the signs listed above, unlike, punishment is not provided.

For example, you can put up a "Beginner Driver" sign as soon as you get your driver's license at age 18 and keep it on until you retire. It won't be a violation.

Another important note that applies to all innovations. The new rules for novice drivers have nothing to do with the presence of the sign "Beginner Driver" on the car. Only the experience of a particular driver matters.

For example, a car is used by several drivers (mother and daughter). At the same time, the daughter is a novice driver and this is evidenced by the identification mark on rear bumper. However, this sign does not impose restrictions on the second driver of the car. If a mother is driving, she can tow other vehicles without removing the sign. It won't be a violation.

The same applies to the reverse situation. If the towing vehicle does not have a "Beginner Driver" identification mark, but is driven by a driver with less than two years of driving experience, then this driver risks receiving 2 fines at once (for lack of a sign and for violating towing rules).

In conclusion, I suggest that you familiarize yourself with the full text of the updated traffic rules:

Good luck on the roads!

Alexey-232

It’s good that they didn’t introduce anyone with less than 2 years of experience to accelerate over 70 km / h ...

"Please note that for the illegal installation of the signs listed above, in contrast to the Disabled sign, there is no punishment."

Apparently, they forgot to add another sign "Training vehicle". ;)

Can I not put a Beginning Driver sign on my car if I have an "A" category license that is over two years old and a "B" category license that is less than two years old.

Correct the typo (there is a ride):

For example, you can install a "Thorns" sign and eat with it all year round. It won't be a violation.

Another example related to towing. Two cars went on a joint trip to the country on the road. The driver of the first car has a driving experience of 20 years. The driver of the second car is the son of the first driver who has just received his driver's license. The more experienced driver drives first and gets stuck in a mud ditch. What to do?

You can also issue a power of attorney experienced driver and he will be able to drive a car without an OSAGO policy and nothing will happen to him for this. According to the OSAGO Law, the car owner is obliged to insure his liability under OSAGO within 10 days ...

I did not understand, with a sticker "Beginner Driver". For example, a father with 20 years of experience does not want to see this sticker on his car, but from time to time his son gets behind the wheel of a vehicle, having a driving experience of no more than six months. Rip it off every time?

Just buy a sticker on the suction cup and you will be happy.

Roman-87, interest Ask. Description of the sign "Beginner driver":

"Beginner driver" - in the form of a yellow square (side 150 mm) with a black exclamation mark 110 mm high - rear of motor vehicles(with the exception of tractors, self-propelled machines, motorcycles and mopeds) driven by drivers who have the right to drive the said vehicles less than 2 years.

If the driver has the right to drive mechanical vehicles for less than 2 years, then an identification mark must be installed. The category doesn't matter.

Those. if you have a category A license for more than 2 years, then you do not need to hang the "Beginner Driver" sign.

Good luck on the roads!

Roman-88 Thank you for your comment, the article has been updated.

Good luck on the roads!

Why is nothing said about the transportation of oversized cargo for beginners?

Mikhail-101

Such a question, my son has exactly 2 years of experience, does he fall under these changes?

And don't wait until tomorrow chtol, when the experience will be 2 years and 1 day? Or is it necessary to carry a passenger on a moped?

meteor host because no changes were made in this regard.

Good luck on the roads!

Hello. Tell. In ticket 7, question 10 “At what speed are motorcycles allowed to move outside built-up areas on all roads?” - Now the answer is correct (No more than 90 km/h.) In connection with the last edit, a discrepancy is obtained. How to be. We are waiting for the update of the question and the answer, or am I misunderstanding something? Thanks in advance for your reply.

Colleagues, hello.

the question is:

The traffic rules say - "Identification marks must be installed on vehicles:

"Spikes" - in the form of an equilateral triangle .... behind motor vehicles with studded tires; "

But here's the question .... inside or outside the glass?

If I have tinted glass - and I pasted a sign, but it is not visible, why should I be fined according to traffic rules?

They asked me to paste it - I pasted it. Nowhere is it written that it should be visible to other road users from a certain distance.

Or, for example, I pasted it, but I didn’t wash the car for a year - the glass was dirty. Is there a penalty for writing?

Ilya, hello.

As you understand, there is no practice on this issue yet. After some time, it will become known whether they are fined for installing the "Spikes" sign in the ways you specified.

Good luck on the roads!

identification mark - transportation of children - on a personal car should be installed? or only on specialized transport, eg school buses?

Irina, paragraph 22.6 of the SDA:

22.6. Organized transportation of a group of children must be carried out in accordance with these Rules, as well as the rules approved by the Government of the Russian Federation, in a bus marked identification marks"Transportation of children".

Signs must be installed on any bus operating organized transportation children. Including on a private bus.

Good luck on the roads!

1. My name is Inna. I'm an individual entrepreneur at OSNO trading organization. For the transportation of goods (delivery of goods to its buyer) hired a physical. a person with his own vehicle, how can I formalize relations with the driver, and will he be responsible for the cargo? If there is a contract, is there a flrma of the contract?

1.1. You can conclude a vehicle rental agreement with a driver, including conditions on liability for the integrity and safety of the cargo. It is possible to conclude labor contract. Legal regulation will be different (the Civil Code of the Russian Federation and the Labor Code of the Russian Federation). There are samples on the sites that you can finish for yourself, but you can also contact a specialist for help.

2. I have a truck, I also have an IP. The truck is registered to me as a physical. face. I rented this car to another individual. face. This individual was transporting cargo and was stopped by employees road service and DPS. An act was drawn up on exceeding the established limits for the total mass and axle load. Now I'm getting a lawsuit requesting a fine. How can I prove that I, as an individual entrepreneur, did not carry out transportation? And what should I do in this situation?

2.1. In this case, you will be fined. Because the practice is such that under the specified conditions it is collected. Of course, you can provide a lease agreement and an act, referring to the fact that you are not to blame (Article 606 of the Civil Code of the Russian Federation)

2.2. You need to provide evidence that you are not transporting. Including the contract of carriage. Your guilt must prove, Article 1.5 of the Code of Administrative Offenses of the Russian Federation. the decision can be appealed, Art.30.1 of the Code of Administrative Offenses of the Russian Federation.

2.3. Prove that you are not guilty of causing damage to the roads, because. a lease agreement was drawn up (Article 606 of the Civil Code of the Russian Federation), which means that, according to Article 1064 of the Civil Code of the Russian Federation, it was not you who caused the damage and it is not for you to pay for it and repay the fine.

2.4. The lease agreement will be proof of your innocence. The lease agreement proves the transfer of the right to use the vehicle to the lessee.

Refer to Art. 1079 of the Civil Code of the Russian Federation, according to which the obligation to compensate for harm is imposed on the legal entity or citizen who owns the source heightened danger on the right of ownership, the right of economic management or the right of operational management, or on another legal basis ( on lease, by proxy for the right to drive a vehicle, by virtue of the order of the relevant authority to transfer to him a source of increased danger, etc.).

2.5. Hello.
In accordance with Article 2.6.1. of the Code of Administrative Offenses The owner (owner) of the vehicle shall be released from administrative liability if, in the course of considering a complaint against a decision on a case on an administrative offense, issued in accordance with Part 3 of Article 28.6 of this Code, the data contained in it that at the time of fixing the administrative of the offense, the vehicle was in the possession or use of another person or has by now been removed from his possession as a result of the illegal actions of other persons.
You can appeal against the Resolution - to a higher authority, a higher official or to the district court at the place of consideration of the case.
How to prove ... by any means, including the lease agreement, the Report on the offense, in which the driver signed.
Good luck.

2.6. In this case, we are talking about bringing to administrative responsibility under part 10 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation

As you can see, the driver is not held liable, but the individual entrepreneur or legal entity
And articles of the Civil Code of the Russian Federation-Article 1064 and 1079 in this case are not applicable at all
You will need to prove in court that you did not carry out loading or transportation. In court, you need to provide a car rental agreement and request through the court a consignment note from which it will be clear who loaded the pile and transported it. This is the only way to prove your absence of guilt
"Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on June 17, 2019) (as amended and supplemented, entered into force on June 18, 2019)
Code of Administrative Offenses of the Russian Federation Article 12.21.1. Violation of the rules for the movement of a heavy and (or) large-sized vehicle
(As amended by Federal Law No. 248-FZ of July 13, 2015)
(see text in previous edition)

ConsultantPlus: note.
Part 1 Art. 12.21.1 is recognized as partially inconsistent with the Constitution of the Russian Federation by the Decree of the Constitutional Court of the Russian Federation of January 18, 2019 N 5-P. Legal regulation until the introduction of appropriate changes is determined by the said Decree.
ConsultantPlus: note.
When suppressing violations under Parts 1-6 of Art. 12.21.1, vehicle detention is applied.
1. The movement of a heavy and (or) large-sized vehicle in excess allowable dimensions vehicle by no more than 10 centimeters without a special permit, or in excess of the dimensions specified in the special permit, by no more than 10 centimeters, or in excess allowable weight of the vehicle or the permissible axle load of the vehicle by more than 2, but not more than 10 percent without a special permit, or in excess of the mass of the vehicle or the axle load of the vehicle specified in the special permit, by more than 2, but not more than 10 percent -
shall entail the imposition of an administrative fine on the driver in the amount of one thousand to one thousand five hundred roubles; for officials responsible for transportation - from ten thousand to fifteen thousand rubles; for legal entities - from one hundred thousand to one hundred and fifty thousand rubles, and in case of fixing an administrative offense by employees working in automatic mode special technical means that have the functions of photography and filming, video recording - for the owner (owner) of the vehicle in the amount of one hundred and fifty thousand rubles.
ConsultantPlus: note.
Part 2 Art. 12.21.1 is recognized as partially inconsistent with the Constitution of the Russian Federation by the Decree of the Constitutional Court of the Russian Federation of January 18, 2019 N 5-P. Legal regulation until the introduction of appropriate changes is determined by the said Decree.
2. Movement of a heavy and (or) large-sized vehicle exceeding the permissible dimensions of the vehicle by more than 10, but not more than 20 centimeters, or exceeding the permissible mass of the vehicle or the permissible load on the vehicle axle by more than 10, but not more than 20 percent without special permission -
shall entail the imposition of an administrative fine on the driver in the amount of three thousand to four thousand roubles; for officials responsible for transportation - from twenty-five thousand to thirty thousand rubles; on legal entities - from two hundred and fifty thousand to three hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of three hundred thousand rubles.
ConsultantPlus: note.
Part 3 Art. 12.21.1 is recognized as partially inconsistent with the Constitution of the Russian Federation by the Decree of the Constitutional Court of the Russian Federation of January 18, 2019 N 5-P. Legal regulation until the introduction of appropriate changes is determined by the said Decree.
3. Movement of a heavy and (or) large-sized vehicle exceeding the permissible dimensions of the vehicle by more than 20, but not more than 50 centimeters, or exceeding the permissible mass of the vehicle or the permissible axle load of the vehicle by more than 20, but not more than 50 percent without special permission -
shall entail the imposition of an administrative fine on the driver in the amount of five thousand to ten thousand rubles or deprivation of the right to drive transport vehicles for a term of two to four months; for officials responsible for transportation - from thirty-five thousand to forty thousand rubles; on legal entities - from three hundred and fifty thousand to four hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of four hundred thousand rubles.
4. The movement of a heavy and (or) large-sized vehicle exceeding the dimensions specified in a special permit by more than 10, but not more than 20 centimeters, or with an excess of the mass of the vehicle or the load on the axle of the vehicle specified in the special permit by an amount more than 10, but not more than 20 percent -
shall entail the imposition of an administrative fine on the driver in the amount of three thousand to three thousand five hundred roubles; for officials responsible for transportation - from twenty thousand to twenty-five thousand rubles; on legal entities - from two hundred thousand to two hundred and fifty thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of two hundred and fifty thousand rubles .
5. Movement of a heavy and (or) large-sized vehicle exceeding the dimensions specified in a special permit by more than 20, but not more than 50 centimeters, or exceeding the mass of the vehicle or the load on the axle of the vehicle specified in the special permit by an amount more than 20, but not more than 50 percent -
shall entail the imposition of an administrative fine on the driver in the amount of four thousand to five thousand rubles or deprivation of the right to drive transport vehicles for a term of two to three months; for officials responsible for transportation - from thirty thousand to forty thousand rubles; on legal entities - from three hundred thousand to four hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of four hundred thousand rubles.
ConsultantPlus: note.
Ch. 6 Art. 12.21.1 is recognized as partially inconsistent with the Constitution of the Russian Federation by the Decree of the Constitutional Court of the Russian Federation of January 18, 2019 N 5-P. Legal regulation until the introduction of appropriate changes is determined by the said Decree.
6. Movement of a heavy and (or) large-sized vehicle exceeding the permissible dimensions by more than 50 centimeters without a special permit, or exceeding the dimensions specified in a special permit by more than 50 centimeters, or exceeding the permissible mass of the vehicle or the permissible load on an axle of a vehicle by more than 50 percent without a special permit, or with an excess of the mass of the vehicle or the load on the axle of the vehicle specified in the special permit by more than 50 percent -
shall entail the imposition of an administrative fine on the driver of a vehicle in the amount of seven thousand to ten thousand rubles or deprivation of the right to drive vehicles for a term of four to six months; for officials responsible for transportation - from forty-five thousand to fifty thousand rubles; on legal entities - from four hundred thousand to five hundred thousand rubles, and in case of fixing an administrative offense by special technical means operating in automatic mode, having the functions of photography and filming, video recording - on the owner (owner) of the vehicle in the amount of five hundred thousand rubles.
7. Violation of the rules for the movement of heavy and (or) large-sized vehicles, with the exception of cases provided for in parts 1-6 of this article, -
shall entail the imposition of an administrative fine on the driver of a vehicle in the amount of one thousand to one thousand five hundred roubles; for officials responsible for transportation - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand roubles.
8. Provision by the consignor of false information about the mass or dimensions of the cargo in the documents for the transported cargo or failure to indicate in the consignment note when transporting large-sized or heavy-weight cargoes information about the number, date or validity period of a special permit or about the route of transportation of such cargo, if this entailed a violation provided for part 1, 2 or 4 of this article, -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles; on officials - from fifteen thousand to twenty thousand rubles; for legal entities - from two hundred thousand to three hundred thousand roubles.
9. Provision by the consignor of false information about the weight or dimensions of the cargo in the documents for the transported cargo or failure to indicate in the consignment note when transporting large-sized or heavy-weight cargoes information about the number, date or period of validity of a special permit or about the route of transportation of such cargo, if this caused a violation provided for part 3, 5 or 6 of this article, -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles; on officials - from twenty-five thousand to thirty-five thousand roubles; for legal entities - from three hundred and fifty thousand to four hundred thousand roubles.
10. Exceeding the permissible mass of the vehicle and (or) the permissible load on the axle of the vehicle, or the mass of the vehicle and (or) the load on the axle of the vehicle, specified in a special permit, or the permissible dimensions of the vehicle, or the dimensions specified in a special permit , legal entities or individual entrepreneurs who loaded cargo into a vehicle -
shall entail the imposition of an administrative fine on individual entrepreneurs in the amount of eighty thousand to one hundred thousand roubles; for legal entities - from two hundred and fifty thousand to four hundred thousand roubles.
11. Failure to comply with the requirements prescribed by road signs prohibiting the movement of vehicles, the total actual mass of which or the load on the axle of which exceeds those indicated on road sign if the movement of such vehicles is carried out without a special permit, -
shall entail the imposition of an administrative fine in the amount of five thousand roubles.
Note. For administrative offenses provided for in this article, persons engaged in entrepreneurial activities without education legal entity, bear administrative responsibility as legal entities.

3. I am an individual. Truck driver. I drive cosmetics for the owner of this car. Intercity transportation. The owner has no IP. How can I prove to the traffic cops that I carry the cargo for myself, and do not provide commercial activities, and therefore I do not need a tachograph.

3.1. Traffic police officers will have doubts about your arguments that in such volumes ( truck) cosmetics for personal use. Do you drive cars by proxy?

4. Can physical person to provide international shipping services?

4.1. Hello! Who are you asking the question?

5. What documents do I need for the periodic transportation of cargo from one organization to another, if I am an individual (the car is registered in my name, there is no IP), so that there are no questions from the traffic police? Thank you.

5.1. Hello! Alternatively, enter into a service agreement.

5.2. Commodity bills of lading. If the cargo is dangerous, certificates for explosion and radiation safety, etc.

6. Our organization wants to conclude a contract for the carriage of goods with physical. face. Do we need to report on his income to the tax office and pay something to budgets and funds. OR HE IS REPORTING TO THE TAX OFFICE, AND HIS SERVICES PASS IN THE NAU AS OUR COSTS. OUR ORGANIZATION ON UTII.

6.1. Margarita, depending on what contract you conclude.
Sincerely.

6.2. The legal entity will be a tax agent and must withhold personal income tax and pay it from the amount under the agreement.

7. I am an individual, I transport my goods in Russia. Question: when I purchase this or that product, what documents should I ask from those companies where I purchase for the carriage of goods (for traffic police)?

7.1. Contract, sales receipt.

8. I am a physicist. a person, I do a one-time transportation of cargo on my car for an individual entrepreneur, I fill the car for my own money. Do I need a waybill? And who fills it out?

8.1. In your case, a waybill is not needed, especially if there are documents for the cargo. The owner, at his own discretion, can move around the territory of the country and transport goods that are not prohibited by law - things.
A waybill is needed for legal entities and individual entrepreneurs.

9. Moved to another country. I entrusted the transportation of personal belongings to the company Lucky Everyone. A tripartite agreement was concluded, where everyone is lucky and acts as an agent in the search for reliable carriers. For three months, the cargo was not delivered, the carrier at first explained the delay in terms of customs red tape with documents, and now it has completely disappeared from all possible means connections. The carrier disappeared along with my personal belongings. According to preliminary estimates, the cargo is more than valuable. There are musical instruments and household appliances and everything that I had! All my life! Photos of relatives in a single copy, study guides for a child. We walked figuratively for three months, in the same shorts, waiting for the cargo. Question. What is the responsibility of the agent in this situation. I do not want to make a claim to the carrier, as I would never contact him personally. I contacted largest company, LLC, guaranteeing reliable transportation, with thousands of positive reviews. My carrier had a high rating and a lot of positive reviews, so I actually trusted him with my life, because, I emphasize, there are family values ​​​​that are not subject to restoration and evaluation. Now I will be forced to start a lawsuit. I want to demand a refund of the cost of the cargo and the return of all advances (advance payments of 40,000 rubles, the cost of the cargo, according to a preliminary estimate, not less than 500,000 rubles) from the agent, since I entrusted my cargo to a non-individual. to a person, but to a company whose main function is to find reliable carriers (the site screams about this). And it was on this point in my situation that the problem arose. Dear lawyers, what do you think, is it possible to count on success, given the availability of documents, an inventory of things signed by an individual who was the carrier under the contract. And how to evaluate this loss. I want to qualify this action as the deliberate theft of my belongings with the direct assistance of an agent. That is, the agent in his service collects thieves who steal valuables from users of the service with impunity and comfortably.

9.1. Maria, good afternoon! You need to file a claim with the carrier with whom the contract was concluded. Then with a lawsuit in court, if it is not possible to resolve the conflict out of court.

10. My cousin is an IP. He owns truck. I am a physical person, not IP. Often a brother concludes one-time contracts-applications for the carriage of goods for legal entities. persons and IP. In contracts, he is the performer, and I act as the driver of the performer. I am not his employee (there is no agreement on any relationship between us). His taxation system is "simplified". He did not inform the tax office that I provide transport services on his behalf. My question is: In case of claims from the Federal Tax Service, will it be of help in our situation if, say, we draw up a contract for the provision of services between us, where he is the customer, I am the contractor. ... without employment to work for him. Or, for example, to draw up such contracts in each case of transportation, where my name appears in the applications. I didn't find an answer in GC. Thank you, best regards, Alexey.

10.1. Dear Aleksey, as soon as you conclude a contract for the provision of services (civil law contract), the brother’s obligation to make contributions to extra-budgetary funds: PFR, FSS and compulsory medical insurance will immediately arise.

11. I have a question. I worked in the field of cargo transportation for an individual as a driver, transported goods, but my employer decided to stop the cargo transportation activity, and I was fired! Well, the truth is in words, since he never issued me, I demanded a settlement from him, and he replied that I would not pay, on the basis of these words, I did not give him the commodity transport documents about the work done for 2 flights, on which he will receive his profit, but I get no payment, so he says that he will file a police report against me - the question is, can he do this? And what should I do, how to get a settlement from him?

11.1. Apply to the court to establish the fact of an employment relationship and collect earnings.

12. Is it possible to attract physical. person for loss of cargo. There is only a consignment note with his signature in the column: the cargo was accepted for transportation and the signature on the bill of lading. There are no contracts.

12.1. Without an agreement, you will not show him anything, he is not bound by any obligations to you.

12.2. Hello Roman. I believe that you can recover compensation from an individual for the loss of cargo. The invoice with his signature confirms the existence of an agreement between you, even if not concluded in writing.
Art. 785 of the Civil Code of the Russian Federation
2. The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods.

Article 796
1. The carrier shall be liable for the failure of the cargo or baggage that occurred after it was accepted for transportation and prior to release to the consignee, the person authorized by him or the person authorized to receive the baggage, unless he proves that the loss, shortage or damage (spoilage) of the cargo or baggage has occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on him.
2. Damage caused during the carriage of cargo or baggage shall be compensated by the carrier:
in case of loss or shortage of cargo or baggage - in the amount of the value of the lost or missing cargo or baggage;
in case of damage (spoilage) of cargo or baggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo or baggage - in the amount of its value;
in case of loss of cargo or baggage handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo or baggage.
The cost of cargo or baggage is determined based on its price indicated in the seller's invoice or stipulated by the agreement, and in the absence of an invoice or indication of a price in the contract, based on the price that, under comparable circumstances, is usually charged for similar goods.
3. The carrier, along with compensation for the established damage caused by the loss, shortage or damage (spoilage) of cargo or baggage, returns to the sender (recipient) the carriage fee charged for the carriage of the lost, missing, spoiled or damaged cargo or baggage, if this fee is not included in the cargo cost.
4. Documents on the reasons for the non-preservation of cargo or baggage (commercial act, act of a general form, etc.), drawn up by the carrier unilaterally, are subject to evaluation by the court in case of a dispute, along with other documents certifying the circumstances that may serve as the basis for the liability of the carrier , sender or recipient of cargo or baggage.
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If you want to thank for the answer, there is a special button next to the question.

13. I need to draw up an agreement between JUR and Fiz. by the owner of the transport about the transportation of goods.

13.1. You can contact a lawyer in a personal for the provision of services on a paid basis - Art. 779 of the Civil Code of the Russian Federation.

13.2. Most likely we are talking about a supply contract, but there may be other options. For a personal consultation, you can contact any lawyer/lawyer using the contacts in his profile.

Yours faithfully, the lawyer - Stepanov Vadim Igorevich.

13.3. Good afternoon.

You can find a contract form on the Internet, or contact a lawyer directly for the provision of services.

13.4. I am in Tyumen. Call 972401, let's meet in my office and solve your issue in person, not remotely.

14. How to issue a waybill nat. person to transport goods on his truck.

14.1. The document consists of two parts, the first of which is the basis for presenting an invoice to the customer, and the second part contains all information about truck. Required details in the document:
- date of issue of the document, stamp of the organization that owns the vehicle (entered before the document is filled out);
- data on the vehicle (data on the remaining fuel, mileage and operating time of the vehicle, data on vehicle refueling: fuel name, cost, volume);
- information about the owner of the vehicle.

The waybill is compiled by the dispatcher of the organization or another authorized person and issued to the driver for one day (work shift).

15. IP entered into an agreement with transp. shipping company. In the application indicated DRIVER-physical. person and car belonging to the Driver. Transp. The company issued a power of attorney for the driver, according to which he accepted the goods for transportation. And disappeared. What is the responsibility of the IP? In fact, he did not receive the cargo, he did not issue a power of attorney to the driver, he has no contractual relations with the driver.

15.1. The individual entrepreneur is responsible with the transport company in full, tk. the transfer of the right to perform the contract of carriage does not deprive the performer of liability to the cargo owner.
With individual entrepreneurs, they will demand the amount of goods + a refund of the amount of transportation.

16. Does an individual need a waybill for the transportation of goods up to 3.5 tons if there is an application agreement.

16.1. Good day, Andrey!

The charter of road transport and urban ground electric transport expressly prohibits the carriage of goods without a waybill.

17. Question - organization (individual entrepreneur, production of products and selling them to stores), there are no own transport and drivers in the state. For the delivery of products, there is a hired transport (individuals with their own vehicles). How to formalize the relationship for the transportation / delivery of goods to account for fuel and lubricants and input VAT?

17.1. Hello.

By T\C you can conclude an agreement.

24. I am a physicist. person, the car is registered to the parents (mother). I myself am engaged in cargo transportation, I have been registered on the cargo transportation website for two years already, .. I took the cargo from the site, executed an application for the transportation of cargo with a logistics company, the address and contacts for loading are indicated there, as well as addresses for unloading, equipment is written in the name of the goods ..
At this address, I was loaded with various goods, which are tightly packed and it is not clear what exactly is there ...
They gave a forwarding receipt from the documents (act, delivery - acceptance of goods), which indicates the addresses and contacts of the recipients and the number of places, indicating the name of the goods equipment ...
At the post, during the inspection, and opening the package, it turned out that part of the goods in the package contained 95% ethyl alcohol.
The alcohol was confiscated, I was interrogated, and released...
What will happen next with me and against me?

24.1. To answer your question, you need to know how your relationship with the logistics company is framed. Have you entered into a service agreement with them? In order to make a substantive conclusion and determine the area of ​​your responsibility, you need to familiarize yourself with its terms.

25. Need help in drawing up a car contract for the carriage of goods.
I LLC "Vesta" rented a car from a physical. face.

25.1. Vasily Borisovich, please email me what contract you would like to receive and about what. I will send you an approximate term for its preparation and the amount of remuneration for preparing a draft contract.

25.2. You can contact any of your chosen lawyers or attorneys who will draw up an agreement for you for a fee, since this is a paid service.

26. If I (an individual) rent a car from a company to transport goods, do I need a waybill and do I need medical and mechanic marks?

26.1. Hello, please tell me, if I (an individual) rent a car from a company for the transportation of goods, do I need a waybill and do I need medical and mechanic marks?

All this is needed.

27. Is it possible to draw up a contract application for the carriage of goods from an individual entrepreneur (logistician) with a physical. person (driver). Is there a sample? Thank you.

27.1. Hello!
Contract-Application No. dated "___" March 2017

IP Ivanov S.A., acting on the basis of certificate No. dated April 23, 1999, hereinafter referred to as the "Customer", on the one hand, and Petrov S.I., hereinafter referred to as the "Carrier", on the other hand , collectively referred to as the "Parties", have concluded this agreement on the carriage of goods by road on the following terms:

Date and time of loading Date and time of unloading

Loading address Unloading address

contact persons contact persons

Name of cargo Weight Volume Dimensions Type of loading

Additional conditions for transportation: Driver assistance (during loading and unloading)
Payment amount Payment form Payment term

In case of any changes, entering the execution of the application, the driver must immediately contact the Forwarder. The carrier is liable for the cargo in accordance with the Charter of Road Transport and the Civil Code of the Russian Federation.
The Carrier is obliged to immediately notify the Customer (Forwarder) of route changes, delays in transit, loading or unloading, damage and/or shortages. Do not sign any acts without knowingly notifying the Customer, and after signing, provide an act of non-compliance to the Customer.
For being late for loading / unloading - a fine of 2000 rubles per day. Standard downtime for loading / unloading is considered 24 hours. Over 24 hours is considered downtime and is calculated as follows: 24 hours following the standard downtime - a fine of 1,000 rubles. The fine is paid by the Customer to the Carrier out of court upon presentation of a claim by the Carrier. If the above claim is not presented to the Customer, the penalty is zero.
Claims of the parties are considered upon presentation of the original TTN with the specified date and time of arrival and departure and the stamp of the sender-recipient.
A facsimile copy of the contract-application is equal to the original.
No. Information about the vehicle Driver
Mark State reg. Tractor number State. Reg. Trailer No. Name Phone
1.
Driver's passport

Details of the parties:
CUSTOMER CARRIER
IP Ivanov S.A. Petrov
OGRNIP
Date of registration
Passport data

/ Ivanov S.A./

/ Petrov

You should be aware that if you have concluded an Agreement with an individual, then you pay tax for it.
Something like this.

28. Do I need a waybill when transporting cargo, if the car is issued for physical. person, and there are documents for the cargo.

28.1. Hello Taras!
In your case, a waybill is not needed, especially if there are documents for the cargo. The owner, at his own discretion, can move around the territory of the country and transport goods that are not prohibited by law - things.
Article 209. Content of the right of ownership

1. The owner has the right to own, use and dispose of his property.
2. The owner has the right, at his own discretion, to take any actions with respect to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienate his property into the ownership of other persons, transfer to them, remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in another way.
3. Possession, use and disposal of land and other natural resources, to the extent that their turnover is permitted by law (Article 129), shall be carried out by their owner freely, if this does not cause damage environment and does not violate the rights and legitimate interests of other persons.
4. The owner may transfer his property for trust management to another person (trustee). The transfer of property for trust management does not entail the transfer of ownership to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.

29. I am an individual. I have a truck registered to an individual. I myself transport cargo on it. I work with a regular client. In cash. Tell me whether it is necessary to have an IP for the transportation of the client's cargo.

29.1. Good evening to you.
Dear Ruslan, in this case, making a profit, you are obliged to issue an IP - this is de jure. However, if information about this does not go to the tax service, then you may not issue it - this is de facto.

29.2. Good afternoon. Yes, such entrepreneurial activity without registering an IP is illegal. There is no cash at all here.

30. I am an individual in my car transporting cargo, documents only from the supplier to the buyer, do I need a waybill, or any other documents so that I don’t have problems with the traffic police or the transport police during transportation.

30.1. Good afternoon. You need to fill out a waybill when transporting cargo, the requirements of the law. If they stop once, they may not be held accountable. But, and if you still draw up a protocol, contact the lawyers of the site or in a personal.

31. With physical. a person (not an individual entrepreneur) concluded a contract for the carriage of goods. On an ongoing basis, physical the person provides transportation services. Is it necessary for physical a person to register himself as an individual entrepreneur if he provides the service on an ongoing basis.

31.1. A moot point, most likely not;
FEDERAL TAX SERVICE DEPARTMENT

IN MOSCOW

LETTER

dated March 30, 2007 N 28-10 / 28916 According to Article 2 of the Civil Code of the Russian Federation, civil legislation regulates relations between persons engaged in entrepreneurial activity, based on the fact that entrepreneurial activity is an independent activity carried out at one's own risk, aimed at systematic obtaining (profit) income from the use of property, the sale of goods, the performance of work or the provision of services by persons duly registered in this capacity.

The following facts may indicate the presence in the actions of a citizen of signs of entrepreneurial activity:

Production or acquisition of property for the purpose of subsequent profit from its use or sale;

Accounting for business transactions related to the implementation of transactions;

The interconnection of all transactions made by a citizen in a certain period of time;

Stable relationships with sellers, buyers, other contractors.

In addition, in accordance with the All-Russian Classification of Economic Activities OK 029-2001 (NACE Rev. 1), approved by the Decree of the State Standard of Russia of November 6, 2001 N 454-st, economic activity takes place when resources, equipment, labor, technologies , raw materials, materials, energy (information resources) are combined into a production process aimed at producing products (rendering services). Economic activity is characterized by production costs, the production process and output (services).

If these signs are present, an individual is obliged to register as an entrepreneur without forming a legal entity.

31.2. Is it necessary for physical a person to register himself as an individual entrepreneur if he provides the service on an ongoing basis.

It is obligatory, he also makes a profit on an ongoing basis.

32. Consumer cooperative wants to conclude a contract with a physical. a person who will carry out the transportation of goods on a vehicle owned by another individual. face. How to organize this and what will the contract look like? What taxes will need to be paid?

32.1. A work contract is concluded in accordance with the requirements of Chapter 37 of the Civil Code of the Russian Federation with an individual, indicating the right to involve third parties to fulfill the contract. The party to the contract will be liable. If it's just physical. person, then he will pay the tax himself, if the cooperative does not act as a tax agent.

32.2. This is not a work contract, but a contract for the provision of freight services for a fee.
Civil Code of the Russian Federation Article 779. Contract for the provision of services for compensation

1. Under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

The service provider must have a vehicle rental agreement.
Taxes depend on the chosen system of taxation.

32.3. This will not be a work contract, but a transport expedition. personal income tax and others insurance premiums You will be required to pay the tax office.

Civil Code of the Russian Federation
Article 801
1. Under a freight forwarding contract, one party (forwarder) undertakes, for remuneration and at the expense of the other party (customer-consignor or consignee), to perform or organize the performance of services specified in the freight forwarding contract related to the carriage of cargo.
The forwarding contract may provide for the forwarder's obligations to organize the transportation of goods by transport and along the route chosen by the forwarder or the client, the forwarder's obligation to conclude on behalf of the client or on his own behalf the contract (contracts) for the carriage of goods, to ensure the dispatch and receipt of cargo, as well as other obligations related to with transportation.
As additional services a transport expedition agreement may provide for the implementation of such operations necessary for the delivery of cargo, such as obtaining documents required for export or import, performing customs and other formalities, checking the quantity and condition of the cargo, loading and unloading it, paying duties, fees and other expenses imposed on client, storage of cargo, its receipt at the destination, as well as the performance of other operations and services provided for by the contract.
2. The rules of this chapter also apply to cases where, in accordance with the contract, the obligations of the freight forwarder are performed by the carrier.
3. The conditions for fulfilling the contract of transport expedition are determined by agreement of the parties, unless otherwise provided by the law on transport and forwarding activities, other laws or other legal acts.

32.4. Hello. Contracting relations are regulated by Ch. 37 of the Civil Code of the Russian Federation. The text of the contract should stipulate the conditions specific to civil law relations. When hiring a physical persons, you are obliged to pay all deductions from the payment for work in the PFR, FFOMS and personal income tax. At the same time, it does not matter under what contract the individual is hired. But if, according to the documents, payment to this physical. the person will not pass anywhere and you will not present the contract during the check, then you can not pay anything.

32.5. This will vehicle rental agreement with crew- in accordance with Article 632 of the Civil Code of the Russian Federation.
Under a lease (temporary charter) agreement for a vehicle with a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use and provides services for its management and technical operation on its own.

VAT is included in the price, transport tax- in agreement with the owner.

32.6. And what does the contractor agreement, Article 702 of the Civil Code of the Russian Federation have to do with it? Relationships for the carriage of goods have never been regulated by a contract of work
Therefore, the consumer cooperative must conclude not a work contract, but a contract for the carriage of goods.
AT general case, according to paragraph 21 of Art. 255 of the Tax Code of the Russian Federation, payment for services (works) under a civil law contract concluded with an individual who is not an individual entrepreneur can be taken into account by the taxpayer as labor costs.
Labor costs of this individual will allow the cooperative to reduce the tax base for income tax. The cooperative will be a tax agent in relation to the individual. Therefore, he must withhold personal income tax from the amount of remuneration.
"Civil Code of the Russian Federation (Part Two)" of January 26, 1996 N 14-FZ (as amended on December 5, 2017)
"" Civil Code of the Russian Federation Article 702. Work contract

The positions of the higher courts under Art. 702 of the Civil Code of the Russian Federation ">>>"

Guide to Judicial Practice (High Courts and arbitration courts districts) under Art. 702 of the Civil Code of the Russian Federation

""one. Under a work contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and hand over its result to the customer, and the customer undertakes to accept the result of the work and pay for it.
""2. For certain types of work contract (domestic contract, construction contract, contract for the performance of design and survey work, contract work for state needs), the provisions provided for in this paragraph shall apply, unless otherwise established by the rules of this Code on these types of contracts.
Civil Code of the Russian Federation Article 785. Contract for the carriage of goods

""one. Under the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the goods, and the sender undertakes to pay the established fee for the carriage of the goods.
""2. The conclusion of a contract for the carriage of goods is "confirmed" by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods.

33. What type of contract is more correct to conclude (to reduce risks):
An individual entrepreneur hires an individual with a car to deliver cargo to recipients (individuals) (no individual entrepreneur status)
1. Rent a vehicle with a crew
2. Contract of carriage

Or is it advisable for an individual (driver) to apply for the status of an individual entrepreneur?

Which of them is responsible for issuing travel tickets?

33.1. Hello.
1. A contract is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations.

2. The rules on bilateral and multilateral transactions provided for by Chapter 9 of this Code shall apply to contracts, unless otherwise established by this Code.

3. The obligations arising from the contract are subject to general provisions on obligations (Articles 307 - 419), unless otherwise provided by the rules of this Chapter and the rules on certain types of contracts contained in this Code.

4. To contracts concluded by more than two parties, the general provisions on the contract shall apply, unless this contradicts the multilateral nature of such contracts.

It is necessary to draw up a contract as required by law. What conditions did you agree to? There are risks.

33.2. The conclusion of the contract for the carriage of goods is confirmed by the bill of lading. The waybill, unless otherwise provided by the contract for the carriage of goods, is drawn up by the consignor.
When accepting cargo for transportation, the driver of the vehicle presents the consignor with an identity document and a waybill.
It is prohibited to transport luggage, cargo by trucks without issuing a waybill for the corresponding vehicle, the carrier draws up.
The consignor is obliged to prepare the cargo for transportation in such a way as to ensure the safety of its transportation and the safety of the cargo, as well as to prevent damage to the vehicle, container.
The carrier is obliged to deliver and release the cargo to the consignee at the address indicated by the consignor in the consignment note, the consignee - to accept the cargo delivered to him.

If an individual regularly carries out transportation, then this is not legal, it is necessary to draw up an IP.
If you do not issue an IP, then rent a vehicle with a crew.

34. I work on a truck with a semi-trailer, issued for physical. face. Yesterday gaytsy for the first time demanded a waybill, threatening with a fine. So do you need a ticket to transport cargo on a private cargo vehicle?

34.1. Hello,
It doesn’t matter at all who exactly the truck is registered to, if you are engaged in commercial activities, you need to have a waybill
I wish you good luck and all the best!

35. Please clarify the following situation.
The organization (limited liability company) is engaged in the transportation of goods. Due to lack own transport to perform the work, an agreement was concluded for the provision of cargo transportation services with an individual entrepreneur, in order to perform charter flights. An individual entrepreneur hires an individual's transport to operate these flights (i.e. acts as a subcontractor).
All settlement operations and execution of documents (acts of work performed) are carried out between the Organization (LLC) and the Individual Entrepreneur. But in the documents for the transportation of goods (waybills) the data of the car are indicated, the owner of which is not the individual entrepreneur.
Should the IP provide the LLC with any documents to confirm that the car owned by the individual. a person who has performed flights under an agreement with an LLC, has anything to do with him?

35.1. good evening to you
Dear Elena, in this case, your situation should be dealt with by studying your documents. Contact any lawyer on this site for a fee.

36. Please, such a question. Having both physical face freight transport more than 3 years in the property, opened an IP (cargo transportation) 2 months before the sale of the car, after 1 month another truck was bought (more expensive). They called me from the tax office and said "that a 3-personal income tax declaration is needed, because the car was involved in business activities", how to prove that the first car was not involved in the activity. Thank you!

36.1. You need to look at your documents, whether the car was used in business activities - according to the documents, if not, insist on your arguments.

36.2. Hello. The lawyer who gives the answer that you need to wait for the fine and then appeal it is apparently a Ukrainian saboteur who wants to harm the citizens of our country. There is a fine for not providing information to government agencies, so follow the tax requirement and file a declaration, indicate that the car was used for personal purposes, and when creating an IP, it was also not used in work if you did not draw up official documents. If there is difficulty in filling out declarations, each tax office has points for filling them out. Please refer to all documents. Good luck.

37. Current IP. Transportation of goods under the contract-application. I sell a truck designed for physical. face. Owned for over 3 years. What tax and how much will be paid?

37.1. If the vehicle is used for business purposes, the seller is not entitled to a deduction. And in the question sounds Transportation of goods under the contract-application.

38. I was fined for transporting cargo for an individual entrepreneur, a truck of 5 tons was registered to an individual, was it legal to write out a fine for not having a waybill?

38.1. Hello Vadim, what do you think? Is the fine illegal? You are driving with an overload, they stop you and what should you be told in your opinion? The fine was issued legally, and if you do not agree, you can appeal it, you do not have all the rights.

39. Does the driver need a waybill for the transportation of goods if the car is rented and registered in the name of an individual?

39.1. Good day! Of course, on the basis of the Charter of Road Transport, you need to have a waybill when transporting goods.

39.2. Good afternoon! If goods are transported, then the legislation requires in this case to have a waybill, otherwise there will be a violation.

39.3. Waybills of a truck are the main primary accounting document, which is determined together with the consignment note when transporting goods. It is prohibited to transport passengers and baggage, cargo by buses, trams, trolleybuses, cars, trucks without issuing a waybill for the corresponding vehicle.
Federal Law of November 8, 2007 N 259-FZ "Charter of road transport and urban ground electric transport"
If you need legal assistance, please contact us.

40. I, an individual entrepreneur, entered into an agency agreement for the transportation of goods with an individual. a person where the individual entrepreneur is an agent, an individual-principal (driver). Should I pay personal income tax? .. The client transfers the funds to my current account, and I transfer the principal minus the remuneration. I work on my own behalf but in the interests and at the expense of the principal.

40.1. You do not have an agency agreement, but an agreement for the provision of transportation services (contract) - civil law. You are required to accrue personal income tax and transfer it to the budget from the driver's income.

41. Do I need a waybill for a trade organization that is not engaged in commercial transportation of cargo, but carries its cargo in cars registered for an individual?

41.1. Hello.
Federal Law of December 10, 1995 N 196-FZ "On Road Safety" in paragraph 1 of Art. 20 obliges all road users to comply with the Rules for Ensuring the Safety of Transportation of Passengers and Goods by Motor Transport and Urban Surface Electric Transport, approved by the federal executive body responsible for developing state policy and legal regulation in the field of transport. According to these Rules (approved by the Order of the Ministry of Transport of Russia dated January 15, 2014 N 7), the waybill serves to fix technical condition vehicle (clause 29 of the Rules); any subject of transport activity carrying out regular transportation of passengers is obliged to provide drivers with waybills (subparagraph 1, paragraph 62 of the Rules).

Registration of a waybill is mandatory even in those organizations that use a passenger automobile transport only for your own needs.
Thus, you also need to fill out waybills.

42. My wife's IP is engaged in the delivery of goods to retail outlets in the city under a contract. What documents are needed for the traffic police when transporting cargo? The machine is framed in physical. face!

42.1. Good afternoon

A waybill and waybills are needed if the cargo is commercial - not for personal consumption

With respect to you, Filatov Evgeny Pavlovich.

42.2. Hello.
An agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations.

Make an agreement, TTN.

43. How to properly draw up documents for the carriage of goods with an individual and not pay personal income tax for individual entrepreneurs?

43.1. Hello! Conclude a contract for the carriage of goods in accordance with Chapter 40 of the Civil Code of the Russian Federation, draw up a bill of lading or waybill.

44. I purchased auto parts through a website in the Russian Federation. I am a physical face of the Republic of Belarus. Payment was made by replenishing a bank card physical. persons in the Russian Federation by bank transfer. Sending was to be carried out by a transport company from St. Petersburg to Minsk. The shipment has not been shipped yet.
The seller's last message was about complete set ordered items and that a shipping service has been ordered.
After two days, the cargo from the transport company did not appear. The seller has been ignoring all questions for two weeks. Tell me, maybe some kind of influence remotely, such as a pre-arbitration notice, or forget it.

44.1. Good afternoon dear Pavel
You can write him a claim and if you do not answer, go to court

45. I am a carrier, can I conclude a contract for the carriage of goods with a carrier of physical. person, and will he be responsible for the transported goods? Thank you.

45.1. Hello.
You have every right to enter into a contract. With a properly drawn up contract, you can lay responsibility on the contractor.

46. ​​We provided forwarding services to the company (intermediary). We have attracted an IP forwarder to execute the transportation, and they, in turn, have an IP carrier. At the IP carrier, the driver at Loading asked the storekeeper to place the load inside the car body, as it was convenient for him (he asked to load more cargo on the front, because the wheels in the rear of the car were not very reliable (again, according to the storekeeper)) The question is this . The driver in Syzran was stopped at a weight post, and they issued a fine of 2000, as an individual, for overloading the AUTO along the axes) A ​​month later, that is, today they called the IP carrier and said that he would come to Syzran, they want to set the IP Fines in the amount of 350000 rub. And the shipper was told the same will be sent, only even more. In TTN, we LLC are listed as carriers. Clients who want to sue believe that we, as forwarders, are guilty. The question is, will the authorities impose a fine on our company? And can customers re-issue their fine to us?

46.1. Hello.
The composition of the inheritance includes things belonging to the testator on the day of opening the inheritance, other property, including property rights and obligations.

The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, in particular the right to alimony, the right to compensation for harm caused to the life or health of a citizen, as well as rights and obligations, the transfer of which by way of inheritance is not allowed by this Code or other laws. .

Personal non-property rights and other intangible benefits are not included in the inheritance.

You need to look at the contract. There are irreversible risks. What actions did you take?

47. We provided forwarding services to the company (intermediary). We have attracted an IP forwarder to execute the transportation, and they, in turn, have an IP carrier. At the IP carrier, the driver at Loading asked the storekeeper to place the load inside the car body, as it was convenient for him (he asked to load more cargo on the front, because the wheels in the rear of the car were not very reliable (again, according to the storekeeper)) The question is this . The driver in Syzran was stopped at a weight post, and they issued a fine of 2000, as an individual, for overloading the AUTO along the axes) A ​​month later, that is, today they called the IP carrier and said that he would come to Syzran, they want to set the IP Fines in the amount of 350000 rub. And the shipper was told the same will be sent, only even more. In TTN, we LLC are listed as a carrier, there is no forwarder column there. The clients want to sue, and as I understand it, the responsibility for the overload is shifted to us by forwarding agents. The question is is it legal? And another question, can a fine also come to our company?

47.1. Good afternoon!
In this situation, the fine will come directly to the driver, consignor and carrier. But there are options to avoid these fines. If you need help, please contact. But this is already paid.
Good luck.

47.2. The clients want to sue, and as I understand it, the responsibility for the overload is shifted to us by forwarding agents. The question is is it legal? And another question, can a fine also come to our company?

And your company has nothing to do with fines, you can challenge them, but only in court.

48. How to properly draw up an IP Agreement with an individual for the implementation of physical. the face of the work of a forwarding driver for the carriage of goods with full financial responsibility? IP rented a truck without a crew (the contract was drawn up).

48.1. If you conclude an employment contract, then you have the right to conclude an agreement on full liability. If you conclude a civil law contract, then there is no point in concluding a PMO contract.

48.2. An employment contract is best, since the relationship between individual entrepreneurs and individuals. person in this case are labor. You need to understand that you do not want to conclude such an agreement. Then conclude a contract of a civil law nature, for example, a contract for the provision of services or a contract of carriage.

48.3. How to properly draw up an IP Agreement with an individual for the implementation of physical. the face of the work of a forwarding driver for the carriage of goods with full financial responsibility? IP rented a truck without a crew (the contract was drawn up).

In this situation, you need to conclude an employment contract and prescribe all this there.

49. The transport company damaged the cargo during transportation. Do they have the right to require the customer (individual) of transportation to conduct an examination of the degree of damage to the cargo or are they required to conduct it themselves?

49.1. Upon the fact of the loss of the cargo or its damage upon receipt of the cargo, it was necessary to draw up a commercial act, in which the amount and type of damaged or underdelivered cargo should be indicated. If the transport company does not agree with the act, it has the right to conduct an examination itself.

50. I am an entrepreneur. Ltd. concluded an agreement with me for organizing the transportation of goods belonging to them. They sent an application for which it was necessary to transport cargo from Moscow to Yekaterinburg. The nature of the weight of the cargo was not indicated. My logistician submitted this application in accordance with the contract for information services to physical. face. Who rented a tractor and trailer from me. He agreed to transfer this cargo. My logistician signed the application and handed it over. The tenant came to Moscow for loading. They checked his passport and loaded the car without any documents. But not from the company with which I have an agreement. And from another which is also a forwarder. Between this company and that the contract of expedition is concluded. And there is also an application without specifying the nature of the cargo. The driver was told that the load was a toy. And sent to the car. When the cargo was loaded, they called him, gave waybills in which the carrier is listed in the column as LLC and not me. And the driver ohh this driver. He signed them. The car was sealed. In trance. The nature of the cargo is also not specified. Written according to shipping receipts. The driver carried the load. Lost control and veered off the road. The cargo partially flew to the side of the road. It turned out he was carrying batteries. Dangerous cargo. which we were not informed about. I was not called to inspect the damaged cargo. They filed a lawsuit against me under Article 796 of the Civil Code. I declared that I was not the proper defendant, since I did not accept the cargo. And according to the contract, it was concluded for the transportation of goods of the property of the LLC with whom the contract was made. What can be relied upon in court? And can I be brought under Article 805 of the Civil Code of the Russian Federation.

50.1. Hello.
An agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations.
You need to look at all documents. There are irreversible risks. What actions did you take?

50.2. Hello!
You should not rely on your own strength in this case, hire a lawyer to represent your interests. In my own way personal experience I can say that in court it is realistic to prove that you are the proper defendant and recover damages from you.

Ordering a car transporter is the most popular solution for transporting a car over a long distance, representing optimal choice in matters of reliability, cost of transportation and time spent. Also, with the help of an auto transporter, you can transport not only cars, but also buses, trucks, motorcycles, snowmobiles, scooters and other vehicles.

Requirements for the car when loading

Each company sets its own individual requirements when preparing the machine before transportation. When ordering a car transporter through our service, you can familiarize yourself with the list of requirements of a particular company, but their general list is as follows:

• The vehicle must be clean so that it can be easily inspected for scratches and dents prior to transport. It is also recommended to provide the car for inspection during daylight hours and take photos of the car in advance.
• It is better to equip the car seats with protective materials.
• The tank of the car should be from 5 to 10 liters of fuel, the batteries should be fully functional and charged. You also need to turn off all security systems.
• For vehicles equipped adjustable suspension, it must be put in the “for transport” position.
• Remove everything that is on the roof of the car - ski bindings, removable luggage carriers, antennas. We also recommend folding the side windows.
• It will not be superfluous to put a jack in the trunk of the car, spare wheel and a spare set of keys.

Documents for the car

You will also need the following documents:

• Vehicle registration certificate, if the vehicle is registered with the traffic police.
• Original PTS or its notarized copy, if the car is deregistered by the traffic police.

What to pay attention to when loading and unloading a car

Upon completion of the order, you (or your authorized representative) must inspect the car for various damages. After acceptance, you and the drivers of the car transporter must sign the acceptance certificate.

The acceptance certificate proves what brand and configuration the car was, its technical condition, mileage, numbers, what flaws it had and that it was transferred at all. The transfer and acceptance act must be filled out and signed by both parties, photographs of the vehicle and an inventory of all things in the car, if any, must also be attached to the act. You must also indicate the number of car keys handed over to the carrier. A correctly drawn up transfer and acceptance act has legal force and a basis for filing claims with the carrier if the car was delivered in a condition that does not correspond to acceptance.

For individuals, the transfer and acceptance act can be drawn up in writing, and organizations use their own forms and rules for compiling primary documents from Law No. 402-FZ.

When loading the machine onto the platform, pay special attention to the following details:

• Make sure in advance that there are no foreign and sharp objects on the floor of the platform.
• Enter the platform no faster than 20 km/h.
• The distance between cars must be at least 20 centimeters, between the car and any surface of the car transporter - at least 8 centimeters.
• Transported by car must have 2 stop blocks and must be fastened with at least 2 fastening straps.
• The doors of the car must be closed, and all the keys to the transported cars must be collected in a special case, which will be kept by the driver of the transporter.

If earlier, in order to load goods onto a euro truck, an entrepreneur had to bring it to the terminal of a logistics company, now he is offered more profitable ones.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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They avoid the need to use private services or use own cars. However, despite the decline in the popularity of cargo transportation on a personal truck, there are a lot of people who want to start their own business.

The main nuances of this kind of activity

If a driver working for a major transport company, does not care about the volume of work and constantly has flights available, since the telephone network of the employer's organization is already promoted and has many regular customers.

The situation with private transport is different:

1. The main nuance here is the lack of an established base (when starting a business from scratch) and regular customers. Naturally, the owner of a light van can carry loads of friends and acquaintances, but such work will be too little and it will not be able to cover the cost of maintaining a car. Therefore, the primary task is to find regular customers who are able to provide stable flights.
2. Separately, the issue of the vehicle should be considered. For beginners the best option there will be an acquisition 3 - 4 summer car, with a mileage of not more than 150,000 km. This will avoid high repair and maintenance costs, but at the same time, it is possible to buy a car in good condition. Over time, getting involved in the business, you can allow updating and buying a new one.
3. Another problem that a private trader may face, in addition to the lack of stable orders, is unscrupulous payers. Often, entrepreneurs who regularly work with him are asked to postpone debt payments for a certain period. As a result, money has to wait for months.

Are legally allowed

An express ban on the carriage of goods on personal transport not provided for in Russian law. However, if we consider the situation from the inside, it is quite obvious violations that can be punished by initiation of administrative liability for various articles of the Code of Administrative Offenses RF.

For example, a truck owner engaged in non-systematic transportation without a contract, but with financial gain, can carry out such activities no more than a few times in a financial year.

In other cases, he without fail must be registered with the Federal Tax Service as a legal entity or an individual entrepreneur engaged in the provision of transport services according to OKVED classification.

In this situation, a number of mandatory requirements apply to it:

1. Entrepreneurial activity is allowed without, but subject to the choice of a different taxation system.
2. A car engaged in cargo transportation for the purpose of carrying out entrepreneurial activities must be equipped with a tachograph.
3. Cargo transportation dangerous goods not allowed without a license.
4. International private flights are carried out subject to the appropriate technical condition of the car.

If it is discovered that private cargo transportation occurs on a regular basis, the owner of the vehicle may be punished under clause 1 “Carrying out business activities without state registration or special permission” with all the ensuing consequences.

Where to get cargo for transportation by private car

Building a customer base is one of the main issues regarding private "entrepreneurship" in the field of cargo transportation.

You can search for orders in the following ways:

1. Through specialized services, such as taxis or auto dispatchers.
2. Internet sites.
3. Mass media (Announcement boards).
4. Tenders.

Work in this case may be enough, but part of the income received will have to be given as a reward to the intermediary.

Package of documents

Based on the fact that the private trader is not a legal entity, and the carriage of goods is carried out out of personal interests, the list of papers necessary for the smooth movement of goods is completely different.

The main one in this situation is the driver's documentation package, which include the following:

1. Driver's license for the right to drive this vehicle.
2. Certificate of state registration of the vehicle.
3. Power of Attorney if the vehicle is on lease.
4. The policy of auto civil liability "OSAGO".
5. The form of the passage of the periodic.
6. Power of attorney if the truck is not driven by the owner.

As for the documents for the cargo, it should be taken into account what to do entrepreneurial activity, that is, to transport goods for material reward, a private trader has no right.

In view of this, he should not have a number of the following papers:

.



1. Certificates, certificates and licenses for the transported cargo.

   

   As proof that the goods in his body are not stolen, there must be a receipt from the organization that sold it or other confirmation of the legality of its origin.

   Thus, any property, even old boards left over from last year's construction, must have a material documented basis.

   Otherwise, the traffic police officer has the right to draw up a protocol on an administrative offense on "Violation of the rules for the carriage of goods."

   Which can be challenged in court by providing evidence that in this moment transported goods intended for personal use.

   Terms of cooperation with the entrepreneur

   Work through intermediaries that are legal entities or entrepreneurs refers to transactions concluded in a simple written form in accordance with the version of Federal Law No. 51 of December 29, 2017.

   This is characterized by the drafting of civil law in free form, signed by both parties.

   The concluded deal relates the interaction of the truck owner and the representative of the legal entity under the action of a number of the following legislative acts:

   1. that characterizes the conditions for renting a vehicle.
   2. , explaining the criteria for the paid use of the services of a driver and a car.
   3. explaining the obligations of the parties when concluding a contract for the carriage of goods between them.

   When carrying out transport activities on behalf of an individual entrepreneur or legal entity, a private trader must have with him all the necessary documentation package provided for commercial transportation.

   This list includes a number of such papers:

   

   1. TTN of the established sample, depending on each individual situation. It should be noted that in this case, the invoice can replace the ticket due to the fact that the driver of the vehicle is its owner.
   2. Accompanying papers confirming the legal receipt and responsibility for the cargo in the body.

   In addition to the list presented, it should be added that, depending on the specifics of the cargo, additional papers may be required to confirm its certification:

   1. For example, for the transportation of meat in carcasses, the requirements provide for the maintenance of a register of refrigeration equipment with marks temperature regime in refrigerator compartments.
   2. For food - sanitary passport.

      

      

      Prices per km

      Average:

      1. In Russia, the cost of the Gazelle service costs 300 - 400 rubles. for 1 hour of work within the city with a minimum order of at least 2 hours.
      2. In Moscow and St. Petersburg, there is an increase in 100 - 150 rubles. bid.
      3. The so-called trips "to the region" and other regions vary in the range from 23 to 16 rubles. per kilometer traveled.
      4. Sometimes individual calculation methods are used, for example, a trip to a country house located 50 km away. from the city which will take 3.5 - 4 hours can cost 2 500 rub.

      The information presented above applies to the transportation of small-sized cargoes by cars with a carrying capacity of not more than 1.5 tons. For other trucks, you can use the rates in the form of a table below.

      Table. Freight rates.

      The cost may differ depending on the type of body, for example, an awning or a refrigerator for the transport of chilled products. It will not be superfluous to note the differences in carrying capacity and body space, which also affect prices.

      What can be fined

      Absolutely any car can fall under the attention of the traffic police inspector, and trucks are of great interest among the police. In relation to a private trader working "for himself" without intermediaries, as already mentioned, an administrative case may be initiated under Art. 14.1, clause 1 of the Code of Administrative Offenses of the Russian Federation with the imposition of a fine in the amount of from 500 to 2,000 rubles.

      Based on information on specialized forums of road carriers, given offense is the most popular.

      Additionally, he may be subject to any of the laws providing for the following conditions:

      1. Transportation of goods.
      2. Vehicle operation.
      3. Other traffic violations.

      In general, under the action of any of the 37 articles of Chapter 12 of the Code of Administrative Offenses of the Russian Federation " Administrative offenses in the field of road traffic.

      If a 17-meter truck and even a "Bull" at first glance may seem like large and capital-intensive vehicles for the first investment, then the "Gazelle" can be called the best starting option.

      Despite the large fleet of vehicles on the market today, the likelihood of getting a stable income is very obvious. Technical means of small tonnage are in demand in all areas of the human life industry, from large industrial concerns to ordinary citizens.

      George

      Can I carry ammunition on a flight within the EU?

      I am traveling from Germany to Bulgaria for the upcoming holidays.

      Info: My uncle is a hunter and wants me to bring him some bullets that are not available in Bulgaria. I would carry them in my checked baggage. So in general there would be no black powder or even shells; these would just be bullet tips.

      Can I have bullet points in my luggage? Should I be worried about being detained by either the German or Bulgarian border guard/police?

      I don't have a firearms license and I have German and Bulgarian citizenship, if that matters.
      Fly with Lufthansa directly to Sofia airport.

      stanri

      For the sake of terminology, here is an explanation: a projectile consists of a primer, a shell, a powder, and a projectile. The projectile (or the metal part at the front of the shot) is the only part technically called a bullet, and I believe you are transporting, right? See http://library.med.utah.edu/WebPath/jpeg2/FOR105.gif

      George

      @stanri Yes you are right. Sorry if I caused some confusion, I have no knowledge of ammunition and may not have enough English vocabulary on the subject.

      Answers

      ohm

      I believe you are talking about whole bullets (projectiles), not just bullet tips. If there were special hardened tips, the bullets could be military ammunition.

      • If you read appendix 1, subsection 3.1 of the German gun law, you will notice that the projectiles without rocket fuel are not ammunition.
      • While bullets may be completely legal in Germany, there are laws requiring counterfeit weapons (Anscheinswaffen) to be transported in sealed packages. In a security area such as an airport, I would be wrong to consider this.
      • Some German police officers are not very knowledgeable about gun laws. They know that persons carrying full cartridges must have an ammunition permit (Munitionserwerbsschein), but they may not know that such a permit is not required. Being right won't help if you miss your flight.

      ohm

      @Georgy, gun laws can be weird. You risk being detained or triggering a security alert. Ask your uncle if he can tell you why they are legal in Bulgaria, it might help if you can quote the law. And print German laws...

      Michael Renper

      Since the bullet caps are just metal and do not contain ammunition, and you seem to be free to buy them in Germany, I will try to take them with me. I would still suggest putting them in checked baggage AND put a label on the box describing the contents to avoid misunderstandings as the box might say "ammunition".

      MJeffryes

      I don't think this is a good answer. This does not address the legality of bullet caps in Bulgaria, and seems to only address the legality of using them on aircraft in Germany in a cursory manner. I think it's very presumptuous to say that since something can be bought, it should be legal for an airplane to take off. There are many counterexamples to this assumption.