Parents know that free travel for children of a certain age is guaranteed by the state.
However, there is often confusion about how to prove this to the controller. Some people find it illegal to ask for documents. Others are confident that they can take up a free space for their young child. Other cases of distortion of the legislation in their direction by both parents and carriers have also been noticed.
Let's see what acts establish benefits for children for travel to public transport... Who can use them in 2019.
Legislative framework
The basis for free travel for children is laid down in Article 786 of the Civil Code of the Russian Federation. Clause 3 of it reads:
Clause 3, Article 786 of the Civil Code of the Russian Federation:
"3. The passenger has the right, in the manner prescribed by the relevant transport charter or code: to carry children with him free of charge or on other preferential terms; carry with you free hand luggage within the established norms; hand over baggage for carriage for a fee according to the tariff. "
The subtleties of understanding legislation
The right not to pay is linked to the limitations and responsibilities of the parties.
Parents and accompanying persons should understand some of the nuances.
- A seat is not provided for a minor passenger who has not paid for the fare. This means that an adult is obliged to sit him on his knees.
- One adult can only accompany one child. If two young passengers are traveling with their mother, then they need a separate seat. According to the rules, babies are required to travel while sitting. This means that you have to purchase a ticket.
- If the vehicle does not provide for the transportation of babies without a separate seat, then you will have to buy a ticket. An adult has the right to bring two children under the age of twelve with him. Each ticket will cost 50% of the total cost.
- The benefit is given to the child, not the mother. Whoever the kid travels with, he does not pay for travel.
Do you need on this issue? and our lawyers will contact you shortly.
Control and responsibility
Disputes and grievances sometimes arise due to the requirement of the conductor to prove the benefits of the baby.
- Adults consider them unlawful, as “everyone knows about the benefit”. However, in this case, they are wrong. Art. 21 of the Transport Charter imposes on the conductor the duty to check the rights of beneficiaries. Therefore, he must make sure that the child is less than seven years old. This is confirmed by the date of birth on the certificate.
- A number of issues raise the issue in the regulatory legal acts concerning the age of travelers. So, the phrase "up to seven years" is perceived by some incorrectly. It literally limits the day of cancellation of free rides to the date of the birthday. As soon as the child turns seven, he is obliged to purchase a ticket.
- The legislation does not say anything about schoolchildren and preschoolers. After all, at the age of six, a baby can visit any educational institution... The privilege is assigned to him on the basis of age, not educational institution.
Water transport
The condition is limited to occupation of one seat with an accompanying adult. In addition, if there are more than one children, then they also need to purchase a ticket. The one adult - one child rule also works here.
Discounts for children under twelve years old have been established for intercity transportation. Their travel will cost 50% of the total cost. In addition, everyone will receive a separate seat. You don't need to take them on your knees.
Fringe benefits
Free travel around the city is reserved for some socially vulnerable categories of citizens. Their travel is paid by the budget.
These include:
- Orphans and children deprived of parental care.
- Disabled children.
- Pupils large families.
- Young people who have lost their breadwinner.
The first two categories apply to a specialized service to obtain status. They are given a document confirming that they belong to the privileged category. They have the right not to pay for tickets on the metro, buses, and so on until they reach adulthood. If a young person is studying full-time at a university, it is extended to twenty-three years.
The benefit is valid only if there is a document confirming the category.
Travel by plane without pay
Benefits for babies that parents take with them on the flight are significantly age limited. So, only the smallest can travel without spending on a ticket. These are children who are under two years old. The accompanying persons are obliged to hold them in their arms without taking up additional space.
If there are two or more children per adult, then it is necessary to purchase a ticket for a seat. The kid should sit. At the same time, the cost of the ticket has been reduced by half.
Discount coupons for flights are established for young people under the age of twelve. The size is determined by the carrier.
Dear Readers!
We describe typical ways of solving legal issues, but each case is unique and requires individual legal assistance.
For a prompt solution to your problem, we recommend that you contact qualified lawyers of our website.
Benefits for children on city public transport (bus, metro, tram, trolleybus)
Free travel for children in city and suburban public transport is allowed for children under seven years old, without providing a separate seat; in intercity transport, the same conditions apply for children under five years old. Also, if children cannot be transported in any form of transport without providing a separate seat, then the passenger is given the right to transport two children under the age of twelve years with separate seats provided to them at a 50% discount (Resolution No. electric transport ").
Children's tickets for socially unprotected categories of citizens
Children from large families are provided with benefits for free travel on trams, trolleybuses, in the metro, as well as city route taxis (this does not apply to regular taxis). In addition, these benefits apply to students of general education schools for travel on buses of intracity routes (Presidential Decree No. 431"On measures of social support for large families" ). For disabled children and orphans, there are benefits for travel on public transport, which, after receiving them, remain until the age of eighteen. And for children who have lost their breadwinner, benefits remain until adulthood, for university students up to twenty-three years. For orphans under the age of twenty-three on the same conditions.
Rail travel benefits
A passenger of the train has the right to provide free travel for one child under the age of five, provided that he does not occupy a separate seat in compartment cars, SV, common seated or reserved seat cars, and, moreover, not older than ten years in luxury cars. In addition, any passenger has the right to travel for children aged five to ten years in separate seats, with payment of the corresponding child fare with a discount on domestic routes, as well as in the Baltic and CIS countries (the amount of the discount depends on the type of train, category, car class, service, and range):
- Children are entitled to free travel in luxury domestic carriages.
- 65% discount on travel in SV carriages, coupes, reserved seats, as well as common seated carriages of domestic traffic.
- Preferential travel for children in interstate traffic (far abroad).
To issue a reduced ticket for a child, you must present a birth certificate.
In addition, the rights to reduced travel on trains also have students of general education schools under the age of ten... They can get a 50% discount on tickets in reserved seat and common carriages of passenger and high-speed trains. long distance, as well as in carriages of 1-3 classes, trains of eight hundred long-distance numbering of domestic communication. When traveling on ordinary fast trains and branded passenger trains, similarly, half of the ticket price is paid.
To obtain preferential travel documents, it is necessary to have a certificate from a student or full-time student.
Airplane tickets for children
All airlines have discounts and discounts on air tickets for children. On domestic as well as international flights children under two years old are transported by their parents absolutely free, without giving them a separate seat. If parents are transporting two or more children, then starting from the second, they are provided with separate seats and only half of the ticket price is paid without the right to free baggage transportation. Also, children between the ages of two and twelve have the right to travel at a discount of no more than 50% of the ticket price, while they have the right to a separate seat and to carry twenty kilograms of baggage, in accordance with paragraph 2 of Article 106 of the Air Code of the Russian Federation ...
For the transportation of unaccompanied children, each company individually determines the conditions for the provision of benefits, since each company has its own technology and its own rules for the transportation of unaccompanied children.
It is worth recalling that when transporting a child abroad, he must have a formalized foreign passport, or be entered in the passport of one of the parents, so that there are no problems when going through passport and visa control.
Benefits for children on water transport
There are also preferential conditions for the transportation of children by water transport. On the territory of the country, children have the right to free travel without providing a separate seat. On the routes of foreign travel, children are served with a discount - at a special rate. Children under twelve years old have the right to travel with a 50% discount, with the provision of a separate seat, in accordance with article 181, clause 2 of the Merchant Shipping Code of the Russian Federation.
About the cost of travel for children in urban and suburban traffic
Article 786 of the Civil Code of the Russian Federation establishes the right of a passenger to transport children with him free of charge or on other preferential terms in the manner prescribed by the transport charter.
Article 21 of the Federal Law of 08.11.2007 No. 259-FZ "Charter of road transport and urban land electric transport" in the part concerning the passage of children in vehicles carrying out regular passenger transportation in urban and suburban traffic, grants the following rights to the passenger:
Each passenger has the right to transport any number of children under 7 years old free of charge without providing them with separate seats, but only in cases where children are allowed to travel without providing them with separate seats.
If the carriage of children without providing them with separate seats in a particular vehicle is prohibited, then each passenger has the right to carry with them no more than two children under 12 years old with the provision of separate seats for them for a fee, the amount of which cannot be more than 50% from the fare of an adult passenger.
In this case, the passenger must have with him a document confirming the age of the child transported with the provision of these benefits.
When considering this issue, it is necessary to pay attention to its following legal aspects.
1. The right of a passenger for a reduced fee or free of charge to transport children with him is the statutory right of everyone to receive a service under the contract of carriage that must be provided by the carrier if the passenger wishes. In this context, it cannot be considered as a benefit subject to mandatory reimbursement from the budget.
This is the same legal right provided under the contract of carriage, as, for example, the right to carry with you free hand luggage in the amount of not more than one piece, the length, width and height of which in total does not exceed one hundred and twenty centimeters, one pair of skis in a case, for children sledges, baby carriage. But if not one of the carriers disputes the right of passengers to carry hand luggage, then for some reason, contradictions constantly arise between parents and conductors with drivers in relation to children.
The reason for this misunderstanding, obviously, is the incomplete description of the considered norm of the transport charter of all possible situations associated with the passage of children on urban and suburban transport. Indeed, what should be done, for example, in cases where children under 7 years of age occupy seats? Should I charge a fee and how much if children from 7 to 12 years old ride standing in a tram? Etc.
According to article 6 of the Civil Code of the Russian Federation, in cases where civil legal relations are not regulated by law or by agreement of the parties and there is no business custom applicable to them, civil law regulating similar relations applies to such relations, and if it is impossible to use the analogy of the law, the rights and obligations of the parties are determined based on from the general principles and the meaning of civil legislation (analogy of law) and the requirements of good faith, rationality and justice.
In the situation under consideration, the federal legislator has established two “reference” points: up to 7 years without places and up to 12 years with places.
Apparently, based on the requirements of good faith, reasonableness and justice, one should consider:
1. Children under 7 years of age are entitled to travel free of charge if they do not occupy separate seats.
2. For transportation (carriage) of children under 12 years old, occupying separate seats, a fee of 50% is charged.
3. For travel (transportation) of children from 7 to 12 years old who do not occupy separate seats, a fee may be charged in an amount not exceeding 50%.
4. Children traveling unaccompanied by an adult do not lose their right to travel at a lower cost.
5. Each carrier has the right, by its order, to establish other conditions for the travel of children that are more favorable for passengers.
It seems appropriate to consolidate these principles in a public agreement signed by all carriers that carry out not only intracity, but also suburban transportation.
Most of us use public transport at least occasionally. Traveling by public transport is one of the components of the life of members of civil society. And therefore it is regulated by the Civil Code of the Russian Federation. Everyone knows that the law provides for the right to reduced travel for children. But it turned out that the citizens do not understand very well how exactly their duties and rights were formulated. Often in transport, conflicts arise between passengers with children and conductors or drivers.
In these discussions of rights and obligations, both parties may interpret differently the question of up to how old you have the right to unpaid travel, whether an unpaid child has the right to sit separately, whether an adult can put all children traveling with him on his lap and not pay for them. ... Consider what is written in the law about this: how free travel for minors in public transport is carried out in 2017.
According to article 786 of the Civil Code of the Russian Federation, which regulates the contract for the carriage of passengers by public transport, every adult passenger using transport has the right to unpaid or reduced transportation of children. Public transport modes include city trolleybuses, buses, metro and trams. This article of the Civil Code only mentions the right to travel benefits for passengers with children.
He is considering the possibilities of travel benefits in more detail. the federal law No. 259-FZ, approved in November 2007. Article 21 of this law stipulates the right to unpaid travel on public transport on urban and suburban routes for children under 7 years of age.
Everyone knows about the right to travel free of charge for children under seven years of age. But parents need to remember that:
- free travel is carried out without providing the child with a separate sitting place. This means that a child traveling in public transport without payment is not allowed to take a separate seat. Parents or accompanying children are obliged to keep the child on their lap;
- this applies to one child. The right to unpaid travel applies to one child under the age of seven, accompanied by one adult. If more children under the age of seven are traveling accompanied by an adult, then the opportunity to take a child without a seat can be used only for one. This limitation is related to the safety of transportation - the child must ride while sitting;
- eligibility for a payment discount. If the travel of a child without a separate seat in the transport is prohibited, parents or accompanying persons have the right to transport two children under twelve years of age with a discount when paying - the fare is set no more than 50% of the established full fare;
- supporting documents. The requirement of the conductor or driver to present a document confirming the child's right to travel free of charge - a birth certificate, is legitimate. The legality of this requirement is noted by the same 21 articles of the Federal Law of the Transport Charter. Therefore, you should not be indignant with the legal requirements of the conductor or controller - the passenger must have documents confirming the child's right to free travel. And teaching a child to lie, hiding his age, is also wrong from an educational point of view;
- the child, not the parent, has the right not to pay for travel. Whoever a child under the age of seven travels with, he / she enjoys the right not to pay for the trip;
- preschoolers and children under seven are different concepts. Children under the age of 7 have the right to travel free of charge. The fact whether they have already gone to school or not yet does not matter;
- what does it mean not older than seven? A child becomes older than seven even the day after his birthday: he is already seven years old and one day old. The last date when the right to free travel is valid is the child's seventh birthday.
Socially vulnerable citizens - disabled people, large families, orphans - have the right to additional security from the state. Children from large families have privileges for travel in public transport, including city route taxis, upon presentation of the relevant documents. Orphans and disabled children also have reduced fares. Travel allowances are retained from the moment of registration until the age of eighteen for disabled persons.
Children who have lost their breadwinner enjoy the right to reduce travel expenses until they reach the age of majority. If they are students, the term of the benefit is extended to 23 years. The same applies to orphans.
