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06/11/2019
Does the controller have the right to fine a passenger for a stowaway? When can a transport officer drop off an adult passenger? At what age can a child travel unaccompanied?
Leading lawyer of the European Legal Service Orest Matsala told riamo ABOUT these and other rules of travel in public transport.
Who can be fined?
Not all controllers in public transport have the right to fine a passenger without a ticket.
Controllers "Mosgortrans" in Moscow and conductors "Mostransavto" in the suburbs can not write a fine. In their competence-only to offer the stowaway to pay the fare according to the tariff or leave the vehicle at the nearest stop. At the same time, they can not land "right in the open field".
To fine a stowaway can controllers gku Moscow "Organizer of transportation" (as a rule, they work in a group with the controllers of the carrier). They can issue a fine and bring the offender to administrative responsibility. In this case, the fine must be paid not immediately, but within 60 days from the date of issue.
Inspectors cannot demand immediate payment of a fine: neither cash, nor a card. An act of administrative offense will be drawn up, and then you will be released. Once you receive a notification of the fine, you can pay it within 60 days.
As for trains, then, according To the rules of travel of the CPPC, in an electric train, a stowaway is obliged to pay the fare to the cashier-controller on the spot, or get off at the nearest stop. At the same time, in addition to the fare, it will also be charged a fee for issuing a ticket on the train according to the current tariffs. "If a stowaway citizen declares his desire to leave the train, he pays the fare to the station at which he will leave the train, and the fee for issuing a travel document (ticket) on the train," the rules specify. For refusing to pay the fare and collect ticketless passenger trains will make the act and will issue a fine of 50-fold amount of the fare for a distance of 10 km in this class of cars.
Also, a fine can be collected through the court.
If the stowaway has already got off the train and was found when walking turnstiles at the destination station, he will have to pay the fare and the fee for the registration of the travel document at the apron ticket office.
When can they drop you off?
If a passenger of ground transport refuses to pay for travel or baggage, he can also be dropped off at the nearest stop.
In case of gross violation of public order by a passenger, the controller can report the incident to law enforcement agencies or call the police. Accordingly, the police officer can drop off the offender from the vehicle.
If you are traveling by train without a ticket or an invalid travel document, for refusing to pay the fare and leave the train, the carrier's employees have the right to drop you off with your Luggage at the nearest station or stopping point. According to the rules of the CPPCC, a passenger can also be dropped off from an electric train by police for violating public order.
Disembarkation of juvenile stowaways.
As reported by RIAMO in the press service of the CPPC, the cashier-controller, finding a minor child unaccompanied by an adult in the train, must first clarify his age and route.
If it turns out that the child is younger than 7 years, it will be handed over to the police – because such a child can not go without an adult. The cashier-controller has no right to drop off a stowaway child under 7 years from the electric train.
If the child is 7 years old and has a valid ticket, he can ride in the train on his own. If there is no ticket, the cashier will offer to issue it.
Such a child can be dropped off from the train in two cases: if he does not have a ticket or he violates public order. At the same time, this can only be done at the station, where there is a station building or pavilion with a waiting area, a ticket office and / or the opportunity to transfer to another train with an interval of not more than 1 hour. From November to March, children can not be dropped off from the train.
If a child has lost his or her way, is lost or has reported being harassed, the CCP officer must provide the necessary assistance.
As for buses and minibuses, it is impossible to land minor passengers from them. So, since November 2017, both drivers and inspectors of the sue of the Moscow region "Mostransavto" are officially prohibited from dropping off children from public transport, and payment for their travel is ordered to collect from parents who have not provided the child with money or have not replenished the Strelka card. In this case, the driver must take the child to the final stop and wait for the arrival of his relatives. Violations can be reported to the company or write a complaint to the portal "Dobrodel".
In respect of private carriers operating in the Moscow region, each case can be considered individually, and it is necessary to apply directly to the carrier company.
In early 2019, the Ministry has proposed amendments that all passengers of any age (not just children) forbidden to disembark from the transport, if it is a threat to their life and health, for example, to land stowaways in the cold or in a deserted station, in the woods, in the dark, and so the issue of punishment of inspectors for violation of the relevant regulations. While the new rules are under consideration by the Federal government.
Seizure of documents.
Fake or someone else's travel and social cards can be withdrawn from a passenger who has not presented documents confirming his identity and right to benefits. In return, they are obliged to issue the first copy of the act of withdrawal.
The same applies to student travel, if you do not have a student card with you, or it is expired.
The camera gopro, the controllers provide a means of fixing action of the conductor and the passenger for subsequent use as evidence in abuse of power by the controller or by the passenger. At the moment, the law does not regulate this, there is no prohibition on the use of such cameras, and in case of a conflict situation, this record can be used as evidence.
The powers of the security in public transport.
The leading lawyer of the European Legal Service Orest Matsala notes that security guards in public transport first of all watch safety of the controller as passengers come across not always adequate and friendly.
Thus protection has no right to use physical force and in any way to restrict freedom of the passenger. Personal inspection they also can not carry out-only superficially inspect the offender or ask to open the bag, but without contact with his belongings.
In General, the presence of a guard is not prescribed by law, so they are only where the carrier on its own initiative signed a contract, the expert added.
Leading lawyer of the European Legal Service Orest Matsala told riamo ABOUT these and other rules of travel in public transport.
Who can be fined?
Not all controllers in public transport have the right to fine a passenger without a ticket.
Controllers "Mosgortrans" in Moscow and conductors "Mostransavto" in the suburbs can not write a fine. In their competence-only to offer the stowaway to pay the fare according to the tariff or leave the vehicle at the nearest stop. At the same time, they can not land "right in the open field".
To fine a stowaway can controllers gku Moscow "Organizer of transportation" (as a rule, they work in a group with the controllers of the carrier). They can issue a fine and bring the offender to administrative responsibility. In this case, the fine must be paid not immediately, but within 60 days from the date of issue.
Inspectors cannot demand immediate payment of a fine: neither cash, nor a card. An act of administrative offense will be drawn up, and then you will be released. Once you receive a notification of the fine, you can pay it within 60 days.
As for trains, then, according To the rules of travel of the CPPC, in an electric train, a stowaway is obliged to pay the fare to the cashier-controller on the spot, or get off at the nearest stop. At the same time, in addition to the fare, it will also be charged a fee for issuing a ticket on the train according to the current tariffs. "If a stowaway citizen declares his desire to leave the train, he pays the fare to the station at which he will leave the train, and the fee for issuing a travel document (ticket) on the train," the rules specify. For refusing to pay the fare and collect ticketless passenger trains will make the act and will issue a fine of 50-fold amount of the fare for a distance of 10 km in this class of cars.
Also, a fine can be collected through the court.
If the stowaway has already got off the train and was found when walking turnstiles at the destination station, he will have to pay the fare and the fee for the registration of the travel document at the apron ticket office.
When can they drop you off?
If a passenger of ground transport refuses to pay for travel or baggage, he can also be dropped off at the nearest stop.
In case of gross violation of public order by a passenger, the controller can report the incident to law enforcement agencies or call the police. Accordingly, the police officer can drop off the offender from the vehicle.
If you are traveling by train without a ticket or an invalid travel document, for refusing to pay the fare and leave the train, the carrier's employees have the right to drop you off with your Luggage at the nearest station or stopping point. According to the rules of the CPPCC, a passenger can also be dropped off from an electric train by police for violating public order.
Disembarkation of juvenile stowaways.
As reported by RIAMO in the press service of the CPPC, the cashier-controller, finding a minor child unaccompanied by an adult in the train, must first clarify his age and route.
If it turns out that the child is younger than 7 years, it will be handed over to the police – because such a child can not go without an adult. The cashier-controller has no right to drop off a stowaway child under 7 years from the electric train.
If the child is 7 years old and has a valid ticket, he can ride in the train on his own. If there is no ticket, the cashier will offer to issue it.
Such a child can be dropped off from the train in two cases: if he does not have a ticket or he violates public order. At the same time, this can only be done at the station, where there is a station building or pavilion with a waiting area, a ticket office and / or the opportunity to transfer to another train with an interval of not more than 1 hour. From November to March, children can not be dropped off from the train.
If a child has lost his or her way, is lost or has reported being harassed, the CCP officer must provide the necessary assistance.
As for buses and minibuses, it is impossible to land minor passengers from them. So, since November 2017, both drivers and inspectors of the sue of the Moscow region "Mostransavto" are officially prohibited from dropping off children from public transport, and payment for their travel is ordered to collect from parents who have not provided the child with money or have not replenished the Strelka card. In this case, the driver must take the child to the final stop and wait for the arrival of his relatives. Violations can be reported to the company or write a complaint to the portal "Dobrodel".
In respect of private carriers operating in the Moscow region, each case can be considered individually, and it is necessary to apply directly to the carrier company.
In early 2019, the Ministry has proposed amendments that all passengers of any age (not just children) forbidden to disembark from the transport, if it is a threat to their life and health, for example, to land stowaways in the cold or in a deserted station, in the woods, in the dark, and so the issue of punishment of inspectors for violation of the relevant regulations. While the new rules are under consideration by the Federal government.
Seizure of documents.
Fake or someone else's travel and social cards can be withdrawn from a passenger who has not presented documents confirming his identity and right to benefits. In return, they are obliged to issue the first copy of the act of withdrawal.
The same applies to student travel, if you do not have a student card with you, or it is expired.
The camera gopro, the controllers provide a means of fixing action of the conductor and the passenger for subsequent use as evidence in abuse of power by the controller or by the passenger. At the moment, the law does not regulate this, there is no prohibition on the use of such cameras, and in case of a conflict situation, this record can be used as evidence.
The powers of the security in public transport.
The leading lawyer of the European Legal Service Orest Matsala notes that security guards in public transport first of all watch safety of the controller as passengers come across not always adequate and friendly.
Thus protection has no right to use physical force and in any way to restrict freedom of the passenger. Personal inspection they also can not carry out-only superficially inspect the offender or ask to open the bag, but without contact with his belongings.
In General, the presence of a guard is not prescribed by law, so they are only where the carrier on its own initiative signed a contract, the expert added.