What threatens taxi drivers who transport passengers without a license and how to deal with it

Having your own vehicle is always problematic and it creates additional restrictions for the driver, as you need to be very careful when using the car in order not to become a participant in a traffic accident.

And that is why the majority of Ukrainian citizens quite often use taxi services for their own movement around the city. We can say that taxis in Ukraine are a popular type of passenger transportation.

However, in order to provide such transportation services, you need to have a special license issued by the relevant state authorities.

In this informative article, we will analyze, what liability threatens taxi drivers who transport passengers without a license.

Do I need to get a taxi license?

From the analysis of the resolution of the CMU dated December 2, 2015 No. 1001, it can be seen that the economic activity of domestic and international transportation of passengers by taxi is subject to mandatory obtaining of a special license.

Documents should be submitted to the State Transport Safety Service of Ukraine. This provision is also available in Art. 7 of the Law "On Licensing Types of Economic Activities" and Art. 9 ZU "On road transport".

In addition, it is worth noting that the following requirements are mandatory for taxi drivers who carry out domestic and international transportation, namely:

• having a category B driver's license (allows you to drive cars with up to 8 passenger seats and a total weight of no more than 3.5 tons);
• the presence of driving experience in category B — at least 3 years;
• the minimum age of a citizen is 21 years.

Thus, taxi drivers must not only have a license to carry out their economic activity but also meet certain criteria regarding age, driving experience, and the availability of the appropriate category of rights.

What liability is provided if the taxi driver does not have a license to transport passengers?

If the taxi driver does not have a special license to conduct economic activity, then Ukrainian legislation establishes administrative responsibility for this offense, namely, Art. 164 of the Labor Code of Ukraine.

The sanction of the article provides for punishment in the form of a fine from UAH 17,000 to UAH 34,000 with confiscation of funds received as a result of the commission of this administrative offense. Depending on the qualification of the committed acts and the selected part of Art. 164 of the Criminal Procedure Code, the amount of the fine may increase.

How to deal with an illegally prepared protocol under Art. 164 administrative code of Ukraine?

For this, it is necessary to analyze the current judicial practice.

Yes, in the resolution of the Factory District of the District Court of Mykolaiv on January 9, 2024, in case No. 487/8814/23, the judge noted that liability arises under Art. 164 of the Code of Administrative Offenses of Ukraine only when the systematic violation of the transportation of passengers by taxi is established by the driver of the vehicle, without an existing license or registration as a business entity.

A one-time commission of the specified action cannot constitute an administrative offense provided for in Art. 164 of the Labor Code of Ukraine. The case was closed.

In the resolution of Kozyatynskyi of the regional court of Vinnytsia region from February 29, 2024, in case No. 133/319/24, the judge came to the following conclusions.

Employees of the National Police must when drawing up a report under Art. 164 of the Code of Civil Procedure, it is mandatory to establish not only the absence of a taxi driver's license or his registration as a business entity, as well as the presence of a systematic business activity by him to make a profit, otherwise, in the opposite case, the citizen's actions will not constitute an administrative offense. The case was closed.

Thus, the methods of combating illegally drawn-up protocols under Art. 164 of the Code of Criminal Procedure may be numerous, but you need to clearly understand how you can protect yourself.

For this, you should contact a professional lawyer from the Prikhodko and Partners law firm.

Our team constantly monitors the latest changes in the current legislation and analyzes current court practice, and therefore we understand the protection of citizens in any cases related to the onset of administrative liability. Do not delay and contact us!