Delivery of children to school by taxi. Delivering children to school by taxi. Who should pay the fine: passenger or taxi driver

An unhealthy trend has emerged in Russia where taxi drivers or directors of taxi companies are being held criminally liable for transporting children without a seat. How so? After all, violation of the rules for transporting children under 7 years of age is covered by administrative legislation, which provides for punishment in the form of a fine. It turns out that not everything is so simple when it comes to licensed transportation of passengers in a passenger taxi.

The worst thing is that there are already many such criminal cases in the country. For example, a number of media outlets have repeatedly reported that Russia has begun to initiate criminal cases against taxi drivers who transport children without car seats.

Even in Moscow, the first criminal case has already been recorded against a taxi driver who was transporting a child without a seat.

Why are drivers brought to both administrative and criminal liability for the same traffic offense? After all, there is one offense, which means the degree of responsibility should be the same. Well, the maximum fine may vary.

For example, there is a difference between fines that are issued to individuals and legal entities.

But when people are brought to both administrative and criminal liability for the same traffic violation, it looks, at the very least, strange and illogical. Let's figure it out.

We have studied judicial practice in similar cases. And we must admit, indeed, in a number of regions of Russia, criminal cases have been opened more than once against taxi drivers who violated the rules for transporting children - for example, a child was not riding in a car in a child seat, as required by law.

And what’s most interesting is that all such cases ended in convictions. No, the guilty taxi drivers were not imprisoned or sent to learn traffic rules in remote places. Most of them got away with large fines and naturally received unnecessary criminal convictions. And they were even more fortunate (if I may say so), since they were prosecuted under Part 2 of Article 238 of the Criminal Code of the Russian Federation, namely under paragraph “b”. Here is an excerpt from the Criminal Code of the Russian Federation:

Article 238 of the Criminal Code of the Russian Federation Production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements

Part 1. Production, storage or transportation for the purpose of sales or sale of goods and products, performance of work or provision of services that do not meet the requirements for the safety of life or health of consumers, as well as unlawful issuance or use of an official document certifying the compliance of these goods, works or services with safety requirements -

shall be punishable by a fine in the amount of up to 300,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to 2 years, or by compulsory labor for a period of up to 360 hours, or by restriction of freedom for a term of up to 2 years, or by forced labor for a term of up to 2 years, or imprisonment for the same period.

Part 2. The same acts if they:

a) committed by a group of persons by prior conspiracy or by an organized group

b) committed in relation to goods, works or services intended for children under 6 years of age

c) caused by negligence the infliction of serious harm to health or the death of a person, -

are punishable by a fine in the amount from 100,000 to 500,000 rubles or in the amount of wages or other income of the convicted person for a period of 1 to 3 years, or forced labor for a period of up to 5 years, or imprisonment for up to 6 years with or without a fine of up to 500,000 rubles or in the amount of wages or other income of the convicted person for a period of up to 3 years.

That is, for transporting children under 6 years of age in a taxi without a special child seat, the taxi driver faces criminal liability under Article 238 of the Criminal Code of the Russian Federation.

Moreover, the same responsibility can be extended to the director of a company that is engaged in licensed taxi transportation of passengers. And getting off with a fine is still half the problem.

Please note that in addition to liability in the form of a fine, the article contains a line that indicates that the culprit may be held liable in the form of imprisonment for up to 6 years. We emphasized this measure of responsibility from an excerpt from Article 238 of the Criminal Code of the Russian Federation. Moreover, the judge will decide what punishment the taxi driver deserves, at his own discretion, guided, as they say, by the materials of the case.

Surprised? Can you imagine the shock of the taxi drivers who, when transporting children without a seat, thought that the maximum they would face was an administrative fine under Article 12.23 of the Administrative Code, which provides for liability for transporting children without a seat in the form of a fine of 3,000 rubles.

Do you feel the difference between 3,000 rubles and 6 years in prison?!

You will say that no one has yet deprived anyone of their freedom for such offenses? After all, all taxi drivers prosecuted under Article 238 of the Criminal Code of the Russian Federation were simply fined.

Yes it is. But they received unnecessary criminal convictions. In any case, this can now affect their future lives. After all, now in all databases they will be listed as criminally convicted persons. This means that, at a minimum, such people’s credit history will be damaged - at least for a long time, at most forever.

Also, now these drivers will not be able to get a job in government agencies. Yes, in principle, they will not be hired by any serious commercial organization either. But that's not the point.

When it comes to criminal liability for violation of traffic rules, for which administrative liability is provided for individuals, it becomes uneasy. No, we do not, of course, protect those drivers who transported children without a child seat. But this does not mean that they deserve a criminal conviction and a large fine, which, by the way, can be an unbearable burden for many.

Also, bringing taxi drivers to criminal liability for transporting children without a seat does not guarantee that some judge who simply did not get enough sleep or came to work in a bad mood will not decide to impose a real sentence of imprisonment on the taxi driver instead of a fine. After all, you and I live in a country with a not entirely perfect judicial system.

Our judges are still guided by their inner convictions, and often do not listen to the arguments of witnesses and defense attorneys in favor of the accused. What can we talk about here? Of course, there is a risk that some irresponsible taxi driver will soon end up behind bars for transporting a child without a child car seat.

But this may turn out to be the father of this child, who, in his free time from work, decided to take his child home from kindergarten or school in his taxi car, for which there is an official permit for taxi transportation. And then what? It turns out that instead of a fine of 3,000 rubles, the child’s father may end up in prison?

Agree that all this is thought-provoking. Why did taxi drivers begin to be prosecuted? Here, of course, you need to ask a question to representatives of the State Traffic Inspectorate and the Ministry of Internal Affairs. After all, such cases had never happened before. Why have such criminal cases started to appear recently? What, we didn’t have such an article in the Criminal Code before? Yes, no, it was. What then? What's happened?

What is the difference between ordinary drivers who transport a child without a child seat and a taxi driver? After all, a taxi driver is a person like everyone else and is not a legal entity?

But it turns out there is a difference if we correctly interpret our confusing and often incomprehensible legislation.

The whole difference is that if you are driving your own car, which does not have a license to transport passengers in a taxi (permit for taxi transportation of passengers), then for transporting children without a child seat, you can only be brought to administrative liability under Article 12.23 of the Code of Administrative Offenses R F, for which you will be fined 3,000 rubles.

But if you transport a child without a child seat in a car that has a taxi license, and especially since you are transporting a child as part of the instructions for taxi services, then, of course, you risk being prosecuted under Part 2, paragraph "b" of Article 238 of the Criminal Code RF. If you are also an Individual Entrepreneur who has received permission for taxi transportation for your car, and you work for yourself, then transporting a child under 6 years of age will most likely result in criminal liability for you.

The worst thing is that formally this huge difference in liability between the administrative and criminal codes for the same violation of the law in the field of road safety is completely legal.

The only thing that raises questions is the actions of traffic police officers and other law enforcement agencies, who previously did not prosecute drivers for such offenses. Now what has changed?

In general, all this is strange and again makes me think.

Let us repeat once again that we do not defend “bombers”, who indeed often violate traffic rules (often they do this in order to complete as many orders as possible during a shift) and often transport small children without car seats.

But the fact that they are being held criminally liable for transporting a child under 6 years of age without a car seat seems to us to be too much.

Considering that the majority of taxi drivers work for some taxi companies and other large companies, maybe it’s just time to slightly reconsider the level of responsibility of organizations involved in licensed taxi transportation, and not blame the bombers for all the sins?

There are also questions for taxi service aggregators who do not monitor their fleet and taxi drivers at all.

For reference
Let us remind you, for those who have forgotten or for some reason do not know. It is strictly prohibited to transport children under 7 years of age without a child seat in a car. Otherwise, an ordinary driver faces a fine of 3,000 rubles (). The taxi driver faces criminal charges. Then, if you are lucky, then a large fine, and if you are unlucky, imprisonment.

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Comfort, speed, convenience ensures the choice of travel to the desired location using the services of carriers. Transporting children in a taxi, as opposed to a bus or minibus, requires greater responsibility for the carrier itself.

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Rules

How to properly transport minors in vehicles (VVs) is discussed in. According to them, children can only be transported in the cabin of trucks and passenger vehicles.

The design of the seat (according to the European Safety Standard - ECE R44/03 or ECE R44/04) must ensure fixation with seat belts or a special ISOFIX system with built-in metal fasteners. Such requirements are general and mandatory.

Restraint systems, including seats, must be certified and made in accordance with the requirements ().

Based on the standard, those products that do not comply with the standard are prohibited, including frame products and those that do not comply with the necessary markings.

If earlier the words “restraint devices” also meant “boosters” and “adapters”, then according to the new rules they mean only car seats and seat belts without any airbags.

According to changes in traffic rules dated July 12, 2017, requirements are divided depending on the age of the child:

up to 7 years;
period 7 – 12 years.

The car seat should be used according to the recommendations provided by the manufacturer. As a rule, they differ in the weight and age of the child, some are designed for babies, others for older children or are adjusted to the desired parameters.

This means that infants should be placed in a cradle (from birth to 6 months), but not in a chair for children under one year old, up to 3 years. Otherwise, the driver will be fined. This also applies to the correct fixation of belts and restraint devices, including in the front seat, but when the airbag is turned off.

Terms of delivery without chair

If the child is already 7 years old, the car seat is not allowed to be used, but it must be secured with seat belts. This does not apply to the front seat. Children under 12 years of age must use a child seat.

At the age of 12, a child has equal rights of passage to adult passengers.

Many people wonder whether it is possible for a child to travel in the arms of an adult.

In this matter, you should refer to the requirements of traffic rules and the laws of physics:

at an average speed of about 60 km/h, with sharp braking, the baby’s weight increases many times;
inertia is triggered and a mass pressure of about 3 centners is exerted on the parent’s hands;
in such a situation it is impossible to hold the child; he can easily fly through the windshield.

Transporting children in a taxi unaccompanied by adults

In many cities, transporting children alone without their parents has become relevant. This is convenient, because in such a situation there is no need to rush to take the child to school and meet him, especially if the schedules of the child and parents cannot provide this.

Children can be transported without adults only from 7 years old.

For this reason, “Children’s Taxi” has become in demand. To protect the interests of the carrier and the customer of the service, as well as to ensure the safety of children, taxi services enter into contracts for the transportation of children without adults, defining rights and obligations.

Taxi drivers undertake obligations and have the right, in addition to the official additional payment for the service, to indicate their requirements. These include:

Registration of a one-time delivery of a child or on an ongoing basis.
The service is performed from the beginning of the movement, the free wait is 15 minutes.
The application can be submitted by telephone, providing the dispatcher with the following information:
- number of passengers, age;
- date, time of delivery of the car, destination, intermediate stopping points;
- waiting time (approximate), who will meet;
- Contact phone numbers.
The application is paid online at the time of delivery of the car.
Changes are notified 3 hours before the specified time.
Regardless of the presence of an accompanying person, the carrier is responsible for the life and health of passengers.
The service provider has the right to refuse to fulfill the order.

For example, the following rules have been developed in one of the Moscow companies if the passenger is a child:

Caring for the disabled

As a rule, they are designed for travel according to the established list:

in hospital;
to the airport;
the station;
to government agencies.

Before the trip, you need to submit a written application, after which the amount for payment is approved by the Department of Social Protection, as well as the right to provide the service or refuse it. The discount on the service fee is 50–90%, depending on the disability.

Those accompanying children can contact:

under 7 years of age;
requiring special devices for movement (crutches, walkers, strollers);
with disabilities of groups I and II, in terms of vision.

To participate in the social taxi program, you should contact the All-Russian Organization of Disabled Persons. There is a demand for the service and even queues are formed, which serve wheelchair users first, which suggests that you should worry in advance.

A social coupon is suitable for payment, but a social card is also required. It should be said that only disabled people in the capital can count on a free taxi, as well as a more expanded range of services.

In practice, only residents of large cities can order it, since within smaller settlements money is not allocated for this.

Social taxis are equipped to accommodate the needs of people with disabilities. For them there are swivel seats, attachments for wheelchairs, automated platforms for descent and ascent.

Agreement with the company for the delivery of one child

Contract for the carriage of passengers by motor transport:

contains information about the passenger and the company providing the services;
does not have a clearly defined form and can be compiled and changed taking into account the conditions of the performer, but subject to the norms of the law and traffic rules;
it must indicate the date of conclusion of the agreement, a signature with an explanation of the names;
must comply with the rules, which may differ for each taxi company.

Let's give an example from a company in St. Petersburg:

Pros and cons of the service

Parents who order a taxi service for transporting children without personal accompaniment evaluate the benefits, noting:

saving time and effort;
safety of transportation in accordance with traffic regulations, which is supported by an agreement with the service, the presence of a digital tachograph recording time intervals, recording speed, location of the car per unit of time;
comfort of transportation, as some services employ driver-educators.

The advantages can be listed, but they will not cover the only, but significant, disadvantage - the lack of parental control during the carrier’s participation.

Fines

Regarding violation of traffic rules for the transportation of children, the Code of Administrative Violations provides for a fine (Part 3). The amount varies depending on the person at fault.

Criminal liability is provided. We provide more detailed information in the form of a table.

Table. Amounts of fines for violating the rules for transporting children in taxis in Russia.

Taxi drivers, being legal entities, must comply with traffic regulations and take into account the requirements for small passengers. Without a seat, they have the right to carry a child only if he is secured with seat belts and reaches the age of seven (in the back row of passenger seats).

Do not be surprised by the dispatcher’s question about whether children and their age will be traveling, because in this case they are obliged to provide a car with the necessary equipment or refuse the trip. Failure to comply with the requirements may result in a fine (see above).

If a taxi driver agrees to transport without a child seat, most likely he is a private individual and does not have a license for the relevant type of work.

Who pays the penalty if the child is not wearing a seat belt?

For newborn babies - these are cars equipped with a special holding device from 0 to 13 kg. Fastens with standard seat belts or additional fasteners.

Advantages of ordering our taxi:

registration of preliminary orders;
we send an SMS notification with vehicle data;
We provide free waiting to get to the car.

Order our inexpensive taxi with a baby car seat in Moscow, and you will be satisfied with the work of our employees. We will advise you on the issues of transporting children and select the right car for you.

Taxi services with a cradle for infants in Moscow and the Moscow region are very popular due to the high birth rate in recent years. The VREMENA TAXI company specializes in this type of service and provides cars of different classes at your request.

By placing your order with us, you will receive:

free consultation of our specialists;
a comfortable imported car;
a driver with experience who knows your route.

We transport infants in a baby bassinet for newborns in compliance with all safety rules. We use regulated devices for the safety of children.

The VREMENA TAXI company also offers services taxi with baby seat for children to all Moscow airports. We will accompany you and meet you on the way back, you will receive a 10% discount on the meeting. It's comfortable and cheap with us!

Advantages of calling our taxi to the airport:

We track your flight, deliver cars at a time convenient for you;
1 hour of free waiting after arrival to get to the car;
inexpensive and fixed prices, known when placing an order.

We will take you to the airports: Vnukovo, Domodedovo, Sheremetyevo and Zhukovsky at a cheap and fixed cost (price, tariff). When placing an order, take into account the number of passengers, children and luggage, tell these parameters to the dispatcher.

The baby car seat is secured in the car in the back seat. It is fastened with belts and pulled tightly to the car seat so that the cradle is securely fixed. Install the infant carrier against the traffic so that the baby can see the mother.

It is more convenient to place the infant carrier on the right (under the right hand) in the direction of travel:

It is more convenient for the mother to take care of the baby on the road if necessary;
When smoothly moving the front seat of the car, you can additionally clamp the cradle between the front and rear seats.

Order taxi with baby seat(carrycot) from the official carrier in TAXI TIMES. Use high-quality service, and we guarantee you a comfortable trip at the lowest price.

Experienced dispatchers and operators of our company work for you seven days a week, 24 hours a day. You can order a children's taxi in Moscow around the clock at an inexpensive or fixed price. By calling us at +74993912008 or +79263910222, you will receive professional advice in the field of transporting passengers and luggage by taxi.

We work for your convenience and safety!

When driving, the driver must protect himself and his passengers from accidents. This rule especially applies to situations where there are children in the cabin. The motorist must be extremely careful on the roads, observing the laws of the Russian Federation and traffic regulations.

Read the article on how to properly transport children in a taxi.

Rules for transporting children in a taxi

According to the latest changes made to the laws of the Russian Federation, namely the traffic rules as amended on July 22, 2018, special instructions for transporting minors in transport oblige the driver to comply with safety requirements. This way, passengers will be maximally protected, even if they are involved in an accident.

According to traffic regulations, transportation of children in taxi vehicles is carried out taking into account certain features. Citizens of minor age can be in the passenger compartment of a passenger vehicle, in the back of a bus, as well as in the driver’s cabin. However, keeping a baby in a trailer is strictly prohibited. The driver must provide safety to his passengers, taking into account the design features of the car.

Since 2017, passengers under 12 years of age can be transported in the front seat only if they have a restraining car seat. Teenagers can be transported in a taxi if they are wearing seat belts.

Rules for transporting minor passengers in a taxi:

Transporting children under 12 years of age in the front seat and in the driver's cabin is strictly prohibited;
Toddlers and infants can stay next to the driver if they are fastened in a car seat or a special cradle;
Traffic regulations prohibit transporting minors on the back seat of a motorcycle;
Organized travel (in groups of up to 8 people) is only allowed on a bus or multi-seat taxi;
Before the trip, the taxi driver must obtain permission to transport minors. The certificate is issued by the relevant government authorities.

Transporting infants in a passenger car has its own characteristics. According to traffic regulations, drivers must install an appropriate seat - a car seat or cradle, in the rear seats of the vehicle. This device is secured using seat belts. The seat is located perpendicular to the movement of the vehicle. If the service is not provided by a taxi service, parents must independently arrange for the purchase of a child seat for their baby.

Car seat in a passenger vehicle it is installed according to the instructions. The structure is tightly held and secured with special seat belts. The seat back can be adjusted depending on the age and physical characteristics of the children. In a sitting position, protection for a baby up to 1 year will be maximum. The transport cradle (for infants) holds the passenger with mini straps. Thanks to the design features of the child seat, the baby will be in a lying position. This position normalizes the respiratory system and protects the baby from excessive stress on muscles and bones during sharp turns of the vehicle. Babies from 0 to 12 months are transported in a car cradle.

According to the law, you do not need to purchase a special child seat to transport your baby on a bus or other public transport.

Types of child car seats:

Car seat group 0 Designed for babies and infants up to 10 kg. This mount is installed horizontally;
Car seat 0+ suitable for babies aged 1 year and over and weighing up to 13 kg;
Car seat 1 intended for children from 1 to 4 years old, weighing up to 18 kg;
Car seat 2. Passengers under 7 years old, weighing up to 25 kg. The mount is installed in the back seat of a taxi in a vertical position;
Car seat 3 Suitable for children from 7 to 12 years old.