Mosgortrans controllers. Job description of the controller of passenger transport
Excerpts from the job description of a specialist (controller) of the Department for Controlling the Rules for the Use of Surface Urban Passenger Transport of the State Treasury Institution of the City of Moscow "Organizer of Transportation"
2.1. The main functions of a specialist (controller) are:
2.1.1. Control over compliance with the rules for the use of ground urban passenger transport.
2.1.4. Consider cases of administrative offenses, liability for which is provided for in Articles 10.1, 10.5 of the Code of Administrative Offenses of the city of Moscow.
3. Job responsibilities
3.1.1. When performing official duties to control the rules for using ground urban passenger transport, be dressed in uniform approved by order of the head of the institution.
3.1.2. In the performance of official duties for monitoring compliance with the rules for the use of surface urban passenger transport, to introduce himself when addressing a passenger, to have with him and present, at the request of the passenger, an expanded certificate of the controller on transport.
3.1.6. Comply with the rules of internal labor regulations, safety, fire safety, industrial sanitation and hygiene established in the Institution, strictly comply with the requirements of the local regulations of the Institution.
3.1.8. Comply with labor protection requirements.
3.1.9. Know and comply with this job description, local regulations of the institution that regulate its work activities.
3.1.10. Collect data on the social card of a Muscovite (SCM), the social card of a resident of the Moscow Region (SKMO), a universal electronic card (UEC) or a discount ticket for students if they are used to pay for travel in public transport by persons who are not holders of the relevant social cards , or in the case of their use by the owner to ensure the passage of another person using a portable device of the controller.
3.2. The specialist (controller) of the Department is prohibited from:
3.2.3. Perform official duties during non-working hours, including during vacation and in case of temporary disability.
4.1.3. Require passengers in the passenger compartment of the vehicle to present a travel document for verification.
4.1.4. Require the offender to present an identity document for drawing up a protocol on an administrative offense and (or) issuing a decision on a case on an administrative offense.
4.1.5. Draw up protocols on administrative offenses in accordance with Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, to issue rulings on cases of administrative offenses, including in the manner established by Article 28.6 of the Code of Administrative Offenses of the Russian Federation within its competence.
4.1.6. Require passengers to strictly comply with the current rules for the use of ground urban passenger transport, within their competence.
4.1.8. Collect data on the social card of a Muscovite (SCM), the social card of a resident of the Moscow Region (SKMO), a universal electronic card (UEC) or a discount ticket for students if they are used to pay for travel in public transport by persons who are not holders of the relevant social cards , or if they are used by the owner to ensure the passage of another person.
Excerpts from the job description of a specialist (controller) of the department for monitoring the rules for using the Moscow metro and the Moscow monorail transport system of the State Treasury Institution of the City of Moscow "Organizer of Transportation"
2. Functions of a specialist (controller)
2.1. The main functions of a specialist (controller) are:
2.1.1. Control over compliance with the rules for using the Moscow Metro (hereinafter referred to as the Metro) and the Moscow Monorail Transport System (hereinafter referred to as the MMTS).
2.1.2. Direct detection of administrative offenses, initiation and consideration of cases of administrative offenses within its competence.
2.1.3. Consider cases of administrative offenses, liability for which is provided for in parts 2.1, 2.2 of Article 10.9 of the Code of Administrative Offenses of the city of Moscow.
3. Job responsibilities
3.1. The specialist (controller) is obliged:
3.1.1. When performing official duties to control the rules for using the metro and MMTS, be dressed in uniform approved by order of the head of the institution.
3.1.2. In the performance of official duties to monitor compliance with the rules for using the metro and MMTS, introduce yourself when contacting a passenger, state the reason for the appeal, carry and present, at the request of the passenger, an expanded certificate of the controller on transport.
3.1.3. Show tact, delicacy and restraint in dealing with passengers, combining these qualities with exactingness.
3.1.4. Initiate and consider cases of administrative offenses within its competence in strict accordance with the legislation of the Russian Federation, fully fulfill the duties of persons entitled to initiate and consider cases of administrative offenses. In accordance with the established procedure, store, send and transfer case materials.
3.1.7. Comply with the internal labor regulations, the requirements of labor protection, safety, fire safety, industrial sanitation and hygiene established in the Institution, strictly comply with the requirements of the local regulations of the Institution.
3.1.9. Collect data on the social card of a Muscovite (SCM), the social card of a resident of the Moscow Region (SKMO), a universal electronic card (UEC) or a discount ticket for students if they are used to pay for travel in public transport by persons who are not holders of the relevant social cards , or in the case of their use by the owner to ensure the passage of another person using a portable device of the controller.
3.2. The specialist (controller) is prohibited from:
3.2.1. To be at the workplace in a state of alcoholic, narcotic (toxic) intoxication.
3.2.2. To take money, documents, personal belongings and other valuables as a pledge from passengers who violate the Rules for the use of public transport.
3.2.3. Leave the metro station or MMTS specified in the assignment (except for a lunch break).
3.2.4. Perform official duties during non-working hours, including during vacation and in case of temporary disability.
3.3. Know and comply with this job description, local regulations of the institution that regulate its work activities.
4. Rights of a specialist (controller)
4.1. The specialist (controller) has the right:
4.1.1. Request and receive from the management of the department information and documents necessary for the performance of his duties.
4.1.2. Require passengers passing through the automatic transmission to present a travel document for verification.
4.1.3. Require the offender to present an identity document in order to draw up a protocol on an administrative offense and issue a decision on the case of an administrative offense.
4.1.4. Draw up protocols on administrative offenses, issue decisions on cases of administrative offenses, including in the manner prescribed by Article 28.6 of the Code of Administrative Offenses of the Russian Federation within its competence.
4.1.5. Collect data on the social card of a Muscovite (SCM), the social card of a resident of the Moscow Region (SKMO), a universal electronic card (UEC) or a discount ticket for students if they are used to pay for travel in public transport by persons who are not holders of the relevant social cards , or if they are used by the owner to ensure the passage of another person.
This post is a kind of instruction for public transport passengers, and this is why it became possible.
In recent months, passengers have increasingly complained to us about what they believe to be unlawful actions of controllers (you can complain). Once upon a time, these complaints are obviously unfounded, in the spirit of “I didn’t go to the subway, but just to look, and I was fined,” but in other cases it is very difficult to figure out after the fact who was right. Of course, in any case, we try to understand the situation and honestly explain everything from a legal point of view, but often it is not easy to find the truth. Most of the conflicts could simply not have arisen if the passengers had understood in advance their rights and obligations when meeting with the controllers.
In advance, we will disappoint everyone who wants to know about any tricks that you can go to to drive "hare". The information below will be extremely useful only for a passenger who, by default, pays his fare in good faith.
So, the fine for ticketless travel today is 1000 rubles, for the passage on someone else's social card 2500 rubles. The GKU "Organizer of Transportation" is responsible for the control of the passage. There are also controllers of State Unitary Enterprise Mosgortrans, but they do not have the right to draw up administrative protocols, so there are fewer conflicts with them.
1. What should the controller look like?
Each controller must have a badge on the left side of the uniform, as well as a sleeve badge on the left sleeve:
In fact, the badge is not yellow, but rather silver. The inspector's number for identification in case of refusal to present an official certificate is barely noticeable in three circles located above George the Victorious.
If these two identifying elements are not present, then in front of you, most likely, is not a controller, but a scammer. Feel free to point it out.
Also, according to the rules, controllers must have a cockade on their cap, but in reality controllers usually wear caps without any signs.
But the most important thing is the identity. No controller can do anything without a license. Also, any controller is required to present a certificate to you as a passenger. Here, as in the case of the police, no tricks like “I already showed you” or “I don’t have to show you anything” are not accepted. To present a certificate is to give an opportunity to get acquainted with the information (you should pay attention to the full name and expiration date) and if you are not allowed to see the information, then you, in turn, are not obliged to present anything to an unknown person. If it’s not a scammer who behaves like this, but just an unscrupulous controller, remember the time, place and, preferably, the number on the token, write to us, we will definitely find him and punish him :)
2. What can the controller do?
1) First of all, as you might guess, to control the fare :)
On this account, there is an Order of the Government of Moscow 490-RP dated 06/28/2011. By translating this Order into Russian, controllers can write out an administrative protocol for traveling without a ticket and traveling on someone else's social card (well, for a few more minor articles). That is, approximately like the traffic police, only not for drivers, but for public transport passengers.
2) It is very important to know that controllers have the right to deliver the violator to the police station in order to draw up a protocol if this cannot be done on the spot (“I forgot my passport at home”). There is such a myth that controllers have no rights and you can simply not show them your passport. This is not true. If you have not paid the fare, then it is better not to play dubious games and get your well-deserved fine. Otherwise, according to Article 27.2 of the Code of Administrative Offenses of the Russian Federation, controllers can legally take you to the department. Delivery is, of course, not detention, but in essence the actions are very similar: you will spend time and ruin your nerves, and in the end you will still receive the protocol.
3. What can controllers not do?
Below we have collected the main violations of controllers known to us, and those that we ourselves have not encountered, but have heard that this happens.
1) Be rude, insult and behave incorrectly.
The controller in the eyes of a Muscovite should be a stronghold of common sense. Even if the passenger is screaming, grimacing or hysterical, the controller must be an English gentleman and clearly follow the instructions. Therefore, if the controller behaves inappropriately, then this should be reported to his employer or to us.
If all boundaries have been completely crossed, then it would not be out of place to recall Article 5.61 of the Code of Administrative Offenses of the Russian Federation - Insult, that is, humiliation of the honor and dignity of another person, expressed in indecent form, for officials will cost from 10 to 30 thousand rubles.
As for the ban on filming yourself by anyone, not only controllers, you need to know one simple article - 152.1 of the Civil Code of the Russian Federation. According to this article, without the consent of a citizen, it is prohibited only promulgation its images, but not a record, so no one has the right to prohibit amateur photography of you on the bus.
In the case of controllers, disclosure is also unlikely to be a violation, since according to the same article, in the public or public interest, disclosure is allowed without the consent of the citizen, and unlawful acts, of course, require this in the public interest.
3) Delay the departure of the vehicle.
The story about “we won’t go anywhere until you pay the fare” is more practiced on completely illegal grounds by drivers and is already a thing of the past, but you still need to know what to do in this case.
Firstly, according to Article 10.10 of the Code of Administrative Offenses of Moscow, obstructing the performance of the driver’s official duties, which entailed an obstacle in the movement of transport (namely, this is how the request of the controller not to go until the violator leaves) entails a fine of five hundred to a thousand rubles and about this It will not be superfluous to remind the controller in which case.
In addition, on the basis of the Rules for the use of the NGPT (clause 3.1.11), the driver is obliged to "observe the route of the established route and the specified traffic schedule." That is, there can be no unplanned delays in any case.
4) Withdraw any cards.
GKU "Organizer of Transportation" cannot seize any documents, be it someone else's social cards or something else. They can only write protocols.
Only inspectors of State Unitary Enterprise "Mosgortrans" can withdraw the card (with the corresponding act of withdrawal) on land transport. Attempts to pick up any travel document by employees of the State Institution "Organizer of Transportation" must be unambiguously interpreted as a criminal offense under several articles at once.
But personally we have not encountered such complaints, thank God.
5) Issue a resolution if you do not agree.
Controllers, like traffic police officers, are very fond of drawing up a resolution instead of a protocol, regardless of whether the likely violator agrees with this or not. If you do not agree with the violation imputed to you, on the basis of Article 28.6 of the Code of Administrative Offenses of the Russian Federation, feel free to demand that a protocol be drawn up in which you describe in detail all the reasons for your disagreement and sign.
Remember! The signature on the protocol does not mean that you acknowledge your guilt, but the unsigned protocol just leaves a lot of questions. So feel free to describe your version of events in the protocol, sign it, take a copy for yourself and then challenge the offense imputed to you in a supervisory or judicial order.
That seems to be all the main points. If we missed something, write in the comments. You can complain about the actions of controllers on our website. Well, do not forget to pay the fare and then, quite possibly, you simply will not need this article :)
People with controller's ID. If a person refuses to present such a document, you can safely ignore it.
The controller's procedure is regulated by city law and the inspection organization, therefore, in order to say for sure whether he has the right to perform certain actions, you must first study his job description. Next, we will consider what rights the controller has on the basis of federal law, regardless of which organization he works for.
Does the controller have the right to deliver a stowaway to the police?
Yes, it has. In accordance with article 27.2 of the Code of Administrative Offenses of the Russian Federation, the controller can forcibly take you to the police station to draw up a protocol. But only on condition that it is impossible to do it on the spot (for example, you forgot your passport).
What should I do if the controller insulted me?
The controller dropped a person without a ticket from the transport. So it is possible?
At the level of federal legislation, the only thing that the controller should do with a free rider is to draw up an administrative offense report or offer the passenger to pay a fine without him. However, the law does not specify in more detail the rights and obligations of controllers in this regard, which gives the inspection organizations the freedom to establish their own rules. So, for example, in the job description of the controller-auditor of Russian Railways it says:
If a passenger traveling without a travel document (ticket) or with an invalid travel document (ticket) refuses to pay the fare [...] take measures (including with the help of transport police officers) to remove the passenger from the train.
Most likely, if the controller requires you to leave the transport, he has the right to do so, so you should not start a dispute about this.
Can the controller detain me in transport to draw up a protocol or pay a fine?
Suppose, during the time of clarifying the relationship with the controller, you have already arrived at the desired stop. In this case, without refusing to draw up a protocol, you can get out of the vehicle. If the controller keeps you by force, he will break the law. Indeed, in the list of persons entitled to administrative detention (Article 27.3 of the Code of Administrative Offenses of the Russian Federation), there are no controllers. But the police can stop you.
What if I do not agree with the fine?
The controller has the right to impose a monetary penalty on a stowaway without drawing up a protocol. But Article 28.6 of the Code of Administrative Offenses of the Russian Federation states:
If the person in respect of whom an administrative offense case has been initiated disputes the existence of an event of an administrative offense and (or) an administrative penalty imposed on him, a protocol on an administrative offense is drawn up.
This means that you may not agree with the fine assigned to you, and in this case, the controller must draw up a protocol. However, he has no right to continue demanding money from you. Describe in detail the reasons for your disagreement in the protocol and put your signature on it.
The controller asks how I got into the transport. Am I required to answer?
Suppose you used someone else's social card and the controller is trying to find out how you got past the turnstiles. You can safely ignore these questions, since no one is obliged to testify against himself ().
Can a passenger be fined if he is under the age of 16?
No. In accordance with Article 2.3 of the Code of Administrative Offenses of the Russian Federation, persons under the age of 16 cannot be held administratively liable.
Currently, there are 2 types of controllers in Moscow's surface public transport (GUP Mosgortrans).
1 type- Controller of Mosgortrans (sometimes they are also called MGT controllers). Is an official employee of a particular bus or trolleybus fleet, or a tram depot. It can work on the routes of its park or depot, or neighboring routes in the district. Check tickets has the right only in uniform. They are easy to identify by the patch with the Mosgortrans logo on the shoulder. The patch is required. If it is not in the right place, this is a violation, and the passenger does not owe anything to such a controller.
In addition to the form, such a controller is obliged to introduce himself and present his certificate at the first request of the passenger, according to his job description:
“3.Obligations of the controller: 3.7. To present, for visual inspection, without handing over to the passenger, an official certificate at the first request of the passenger, to give his last name.
You can study the full text of the job description of Mosgortrans controllers on the official website of Mosgortrans at the link: http://www.mosgortrans.ru. Moreover, it does not matter at all whether the controller wants to personally check your ticket at the moment or not. If he is currently on duty (checks tickets), then any passenger can come up and ask him for a certificate. Even if the controller does not want to see the ticket personally.
Rights of controllers of Mosgortrans. First of all, of course, they check the tickets. If everything is in order with the form and documents (if the passenger wishes to look at them), then the passenger must present his ticket to him. If there is no ticket, his next legitimate step is to politely ask the passenger to punch the ticket (if the ticket is already there, but just not punched in the validator). If there is no ticket, buy a ticket from the driver or from him (the choice of who to buy a ticket from is left to the passenger): “3.Obligations of the controller: 3.13. In a tactful manner, oblige the person who committed the violation to pay for his own travel or transportation of hand luggage (luggage) by redemption through the ticket control and redemption device (UKPB) in the vehicle; in the area of the boarding terminal and (or) the transport hub that the passenger has travel documents. In case of their absence, purchase a boarding pass from the controller (driver) and redeem it through the UKPB. We strongly recommend buying a ticket from the driver. There is a salary increase for the sale of tickets. The driver at least carries you, performs the necessary work. And the controller did you no good. Better let the driver get a surcharge.
If the passenger refuses to do this, then such a controller has the right to demand to leave the passenger compartment at the nearest stop: “3.15. In case of refusal to pay for travel and (or) transportation of luggage (hand luggage), a person who has violated the Rules for the Use of Ground Public Public Transport (trams, trolleybuses, buses) in the city of Moscow must demand to leave the vehicle at the nearest stopping point. Of course, they can only demand this (in words), and nothing more. They do not have the right (but sometimes allow themselves in violation) to try to push or pull a passenger by force; they cannot delay the bus, demanding the driver not to go and scare the hare, accusing him of delaying everyone else (so that the other passengers would psychologically put pressure on the hare). In this case, the passenger refuses to get off, they can only call the police and report the fact of stowaway at the moment. But, without the right to detain a bus or a passenger (in the cabin or at a bus stop) until the arrival of this police. And it will be up to the police to intercept this bus in time, while the hare is still on it. After all, the controller himself does not have any serious powers to detain passengers (does not even know what the protocol of detention looks like), and has no right to detain those who want to leave:
3. Obligations of the controller: 3.16. If the passenger refuses to leave the passenger compartment of the vehicle and refuses to pay for the fare, call the police department to draw up a protocol on an administrative offense.
6. The controller of passenger transport is strictly prohibited from: 6.4. When exercising control, change the schedule of buses, trolleybuses, trams.
In addition to the above, Mosgortrans controllers can still confiscate other people's preferential tickets (social cards of a Moskvich, a student, etc.) from passengers if the passenger himself (voluntarily) naively presents one as his fare ticket: 3.Obligations of the controller: 3.14. Take from passengers presented to the controller during the verification of the correctness of fare payment, illegitimate (fake) travel documents, including illegally used social cards of Muscovites (SCM), or social cards of residents of the Moscow Region, as well as student travel cards that do not belong to the persons who presented them to confirm the fact of payment travel. And if the passenger noticed the controller in time and refuses to present a social card, which even in fact may have passed “I am a hare, there is no ticket at all” - there can be no question of any withdrawal, even if the controller saw how the passenger attached something then to the turnstile, and not crawled under it, for example. There is absolutely no evidence that a passenger has someone else's card in his pocket, even if the passenger says that there is no ticket, and a minute ago he applied an unknown type of ticket to the validator. The controller is nobody, and has no right to carry out searches, searches and other similar manipulations. Yes, there may be divorce attempts, police intimidation, card blocking, etc. on the part of the controller. But, these are all violations, but for now we are considering what the actions of the controller should be exclusively according to the rules. In this case (passenger passed through the card, and said that there was no ticket at all) - the controller can only politely ask to buy a ticket, and nothing more. What a passenger has in his pockets is none of his concern.
Mosgortrans controllers have nothing to do with fines. Only the second type of controller can issue a fine. The first type (Mosgortrans) can work both on their own and in conjunction with type 2.
type 2- controller of the GKU "Organizer of Transportation" (popularly - GKUshnik). The same controllers that appeared under Sobyanin. They are official employees of the Moscow Department of Transport. Let me be clear: there is absolutely nothing to be afraid of. They also have their own form, only in which they have the right to check tickets (http://orgp.mos.ru). The type of jacket (jacket, jacket) may differ depending on the weather. In cold weather, this is an entirely blue jacket. In autumn and spring, there may be a blue jacket. In summer - a white jacket or a blue shirt. But, most importantly (most notably), they are given out by other mandatory distinguishing features. The first is the red chevron "traffic control", which should hang on the left shoulder. And a badge with an individual number, which is worn around the chest. The badge must hang, completely open (as in the picture), on the outermost clothing, not covered by anything, not hidden, etc. Interns are not provided with uniforms as such. They are required to have a bright yellow vest on top of civilian clothing. A chevron and a badge on the vest are also required. And if any of this is missing (chevron, badge, vest) - this is a violation, and the passenger does not owe him anything:
Naturally, these controllers are also required to present their certificate at the first request of the passenger.
Rights of GKU controllers. First of all, of course, they also check the tickets. If everything is in order with the form and documents (if the passenger wishes to look at them), then the passenger must present his ticket to him. But if there is no ticket, his actions differ from the controller of Mosgortrans. In that case, he must ask passport (or other identity document) for issuing a fine. Well, perhaps this is where his powers ended. After all, the passenger does not have the obligation to present a passport or other similar documents to any controller! Yes, he can also call the police and report the fact of stowaway and refusal to present a passport. And that's it. He, like the controller of Mosgortrans, has no right to prevent the departure of a passenger by force (127 of the Criminal Code of the Russian Federation illegal deprivation of liberty) or otherwise hold him until the arrival of this police. The controllers of the GKU are also nobody, and there is no need to be afraid of them. And forget what you saw about them on TV. All this is nonsense. Better ride specially more, watch them. See how often they work by hiding the icon (so that the passenger does not notice them in time). How often they intimidate people with various sanctions, taking advantage of the illiteracy of passengers. It is disgusting to see the statistics on their website that dozens of fines are issued daily. Folks, do you really have not a drop of self-respect to give them passports and just get a fine when you can just leave? Have you atrophied the feeling of mutual assistance, that you do not help others at all, whom they breed them with you? Yes, they are nobody at all, there is nothing difficult in helping another passenger to leave, suggesting about the right not to give a passport. And that's it, all the profitability of these controllers will instantly disappear. You don't have to be vegetables. They have no real powers at all. They are not the police and not another power structure. All the "strength" and payback (issued fines) of these controllers is based only on mass illiteracy on the part of passengers, that no one helps anyone and does not prevent them from breeding. And if you all (passengers) help each other, the controllers will not be able to do anything. Yes, this means that only by law they can issue a fine in only 2 cases:
1. If the passenger’s conscience suddenly began to torment him because he traveled without a ticket, and he voluntarily agrees to a fine (admits his guilt), and presents a passport (when he clearly knows that this can not be done, that you can just take it, and leave). But, it can only be on a voluntary basis! law, binding passenger to present a passport to some controller - just No! There is no law allowing the controller to keep passengers in the cabin or at a stop in case of refusal to present a passport. Everything else is intimidation (divorce) on the part of controllers or excess of their authority.
2. If the controllers have a joint raid with the police officers who walk with them. And then the police officer can already deliver to the department, where they will already establish your data and write out a fine. But such joint raids are a one-time thing. You can ride every day for 3 years and meet such a team only 1-2 times. But, if this happened, there is nothing terrible from a trip to the department. If you can’t avoid a fine, then it’s better to go there so that the controllers (who will go too) spend a lot of their time and miss several dozen potential hares. The ability to receive moral compensation not at the expense of one’s own profit, but at the expense of a minus to the controllers and a plus to several other passengers at once (who did not get a fine) is a very competent position of a self-respecting ideological hater of the controllers.
And in everything else - it's just an impudent gopota in uniform, which the people are afraid of, zombified after watching news releases about them. But in fact, they do not have serious powers and there is no need to be afraid of them. And in combination with useful tips for passengers (see below), you can feel confident in general and learn how to competently protect yourself or other passengers from them. Let there be a comfortable journey without the lawlessness of controllers!
