FSB will get access to taxi order databases - bill
The Government of the Russian Federation has submitted to the State Duma a new version of the law on taxi aggregators, which, in particular, will oblige the service of ordering a passenger taxi to provide the FSB with access to databases for processing and transmitting orders for a passenger taxi.
The draft law (121564-8), posted on Wednesday in the Duma database, prescribes the obligation of the taxi order service to provide the Federal Security Service with automated remote access to information systems and databases used to receive, store, process and transfer passenger taxi orders.
At the same time, according to the conclusion of the Ministry of Justice of the Russian Federation, submitted to the draft law, this norm "seems to be difficult to implement."
The new draft law also provides for the possibility for self-employed drivers to work through taxi services.
Now the legislation of the Russian Federation does not provide for the possibility of providing services for the transportation of goods, passengers and luggage by self-employed citizens (individuals) without forming a legal entity or registering as an individual entrepreneur.
The draft law provides for the possibility of obtaining a permit to work in a taxi by self-employed individuals, subject to the conclusion of an agreement with a taxi service.
At the same time, a number of restrictions are introduced for admission to driving a passenger taxi: a driver cannot be a driver until one year has passed from the date of expiration of the term for depriving him of the right to drive a car. Also, a person cannot drive a passenger taxi if he has more than three unpaid administrative fines for traffic violations for the period preceding the day of transportation.
The bill proposes to establish three registers: a regional register of taxi ordering services, a regional register of passenger taxi carriers, and a regional register of passenger taxis, which will include information about vehicles that the carrier is entitled to use.
To ensure their work in automatic mode, an information system will be required, the development cost of which, according to Rostransnadzor, will be 55 million rubles. Expenses are planned to be financed from the federal budget.
In general, the rules on the creation of registries will require one-time costs in the subject of the Russian Federation in the amount of 30 to 100 million rubles, annual costs in the subject of the Russian Federation for the maintenance and modernization of information systems from 10 to 30 million rubles a year, the explanatory note says.
Also, the draft law is aimed at resolving the issue of the responsibility of the service for ordering a passenger taxi for damage caused as a result of an accident during the transportation of passengers and luggage.
Now the taxi ordering services insist on the exclusively informational and intermediary nature of the relationship between the taxi ordering service, the carrier and the passenger, which allows us to consider the taxi ordering service only a platform for transactions and does not include persons responsible for the quality of such transportation or the harm caused, it is said in explanatory note.
According to the draft law, the taxi service is jointly and severally liable with the passenger taxi carrier, which is an individual, in terms of the real damage caused to the life, health, property of the injured person during transportation by a passenger taxi, not covered by insurance compensation.
According to the draft law, a passenger taxi must have on the body "a color-graphic scheme of a passenger taxi, which is a composition of squares of a contrasting color arranged in a checkerboard pattern", as well as an orange identification lamp on the roof.
A passenger taxi is equipped with a device for monitoring the attention and fatigue, drowsiness of the driver, the draft law says.
Tariffs for transportation by passenger taxis, taking into account the time of day, days of the week, comfort class and other features of transportation, are being developed by passenger taxi carriers, the document provides. Also, the calculation of the amount of payment for transportation can be made in accordance with the indications of the taximeter.
At the same time, a regulatory legal act of Moscow, St. Petersburg and Sevastopol, or a constituent entity of the Russian Federation bordering them, may establish a minimum fare for the carriage of passengers and baggage.
This provision provoked criticism from the Institute of Legislation and Comparative Law under the Government of the Russian Federation. They believe that "the proposed measures will be difficult to implement in practice in relation to orders from other regions for trips to Moscow, St. Petersburg and Sevastopol."
"This may lead to unfair competition on the part of carriers that are registered in other settlements, but carry out orders on the territory of the named urban agglomerations," the Institute concludes.
The bill provides that in order to optimize the load on the road network, the law of Moscow, St. Petersburg or Sevastopol, or a constituent entity of the Russian Federation bordering them, may establish the maximum number of passenger taxis used by carriers on the territory of this constituent entity.
Also, according to the draft law, the regulatory legal act of the subject of the Russian Federation may establish prohibitions "on the offer of services for the transportation of passenger taxis" on the territory of the airport, railway station and bus station, with the exception of places equipped for the offer or registration of such services.
The provisions of the bill will come into force on September 1, 2022, however, some parts of it will come into force on March 1, 2023.