Article 135 — the Permit Regime for Carriage within Municipal Boundaries
Regular passenger carriage within the administrative boundaries of a municipality operates on the basis of a permit, and article 135 of the Code of Administrative Offences protects exactly this regime. The norm consists of two compositions: part 1 provides for a fine of 100 GEL where carriage is carried out in violation of the permit conditions, and part 2 imposes the same 100 GEL where carriage is carried out without the respective permit. The amount is identical in both cases, but the legal difference matters: violating a condition means you hold a permit but have stepped outside its frame, while operating without a permit is the unlawful conduct of the activity itself.
Part 1 of the note to the article defines the intensity of control: for the purpose of detecting a violation under this article, the controller — an authorized service, a physical or legal person — is entitled to conduct an inspection at any time during the calendar year, without restriction. This means there is no safe season for an operator: an inspection can happen on any run and on any route. Part 2 of the note builds a sequence: after a fine under part 1, where the controller sends the permit holder written notice of the violation of permit conditions and the violation is not eliminated within the deadline set by the permit issuer, liability follows under the procedure established by another article of the Code — a mechanism that shifts the emphasis to the subsequent fate of the permit as well.
The Mechanics of an Article 135 Fine — a Flat 500 GEL Surcharge and Payment Security
Part 3 of the note to article 135 determines precisely what follows these fines: after the expiry of the period determined by part 1 of article 290 of the Code for voluntary execution, a surcharge of 500 GEL is imposed on the person. Part 1 of article 290 means the following: the fine must be paid within 30 days of delivery of the copy of the decision. Where the fine and surcharge remain unpaid within 30 days of the surcharge, measures to secure payment of the fine and the surcharge are carried out against the offender under the procedure established by the legislation of Georgia.
The important detail is this: the note to article 135 makes no mention of suspension of the right to drive — it provides only a surcharge of a fixed amount and measures to secure payment. In other words, this fine is not replaced by suspension of driving rights: the debt grows by 500 GEL and then becomes subject to enforcement effort. The mathematics of the decision for an operator fined under article 135 is therefore simple — 100 GEL paid on time, or the fine plus a 500 GEL surcharge later, with the risk of an enforcement procedure.
Article 127¹ — Violation of Carriage Rules and Unpermitted Activity
Article 127¹ is a broader norm: it covers the rules of passenger carriage and cargo transport by motor transport. Its part 1 provides for a fine of 100 GEL for violation of the rules of carriage and transport established by the legislation of Georgia — apart from several cases separately provided for under other articles of the Code. Directly adjacent to passenger carriage is the violation of the safety rules for the carriage of children — 40 GEL; the failure to fulfil requirements by a driver or by an adult supervisor within an excursion organized by a preschool or general education institution — 200 GEL, and the repeated commission of that act — 400 GEL. Operating the activity unlawfully is punished more severely: carrying out motor passenger carriage or international motor cargo transport activity without a permit entails a fine of 1 000 GEL, and repetition within 1 year — 2 000 GEL.
In the context of international carriage the article is stricter still: violation of the rules established by international treaties, agreements and conventions of Georgia entails a fine of 5 000 GEL. The functioning of a bus station in a special regulation zone in violation of the rules set by the municipality fines the owner — a physical person with 500 GEL, a legal person with 1 000 GEL. A violation under part 1, accompanied by light damage to property or a person's body, raises liability to 250 GEL. And for detecting the unpermitted activity, inspection is as unrestricted as under article 135 — at any time during the calendar year.
The Mechanics of Article 127¹ — Double Surcharge and Six-Month Suspension
The note to article 127¹ establishes different mechanics for these fines. Under part 1 of the note, after the expiry of the period determined by part 1 of article 290 for voluntary execution, a surcharge is imposed for a violation under the parts named in the note — the first, 1¹, 1⁴, 1⁵ and the sixth through seventh — at twice the amount of the fine imposed, but not more than 500 GEL; and where the fine or surcharge is not paid within the period determined by part 1¹ of article 290, the fine is replaced by suspension of the right to drive the vehicle for 6 months. The same mechanics extends to the compositions on the carriage of children and excursions: a double surcharge up to 500 GEL, and upon non-payment — suspension for 6 months.
Part 1¹ of article 290 also sets the length of that window: the fine may be paid together with the surcharge within 30 days of the expiry of the period determined by part 1. So the paths of the two articles diverge here: on an article 135 fine the surcharge is a flat 500 GEL and no replacement occurs, while on an article 127¹ fine the surcharge is double, up to 500 GEL, and non-payment grows into a 6-month suspension of the right to drive. For an operator this difference is strategic: one dispute is a matter of financial arithmetic, the other — a matter of the driver's ability to work at all.
Appeal — Who, Where and Within What Deadline
A decision issued under either article is subject to appeal. Under article 271 of the Code, a decision may be appealed by the person against whom it was issued, by the injured party, or by the official who drew up the protocol. Article 272 sets the route: a decision imposing a fine as an administrative penalty is first appealed to the superior authority, whose decision is then appealed to court. The complaint is filed with the authority that issued the decision and is forwarded together with the case within 3 days to the authority competent to examine it. No state duty is charged, but the appeal does not suspend execution — unless the Code provides otherwise.
The deadline is set by article 273: a decision may be appealed within 10 days of its delivery to the party, and where the deadline is missed for a valid reason it can be restored. In permit matters this is particularly important: further administrative steps often follow on the basis of the decision, and missing the appeal deadline weakens the entire position.
Frequently Asked Questions
What is the fine for operating without a permit?
100 GEL under part 2 of article 135. Under article 127¹, carrying out motor passenger carriage activity without a permit is punished with 1 000 GEL, and repetition within 1 year with 2 000 GEL.
How does the surcharge accrue on an article 135 fine?
After the mandatory 30-day period, a flat surcharge of 500 GEL is imposed; if it remains unpaid for another 30 days, measures to secure payment follow. Suspension of the right to drive is not provided for this article.
Is the right to drive suspended on an article 127¹ fine?
Yes: the surcharge is double the fine but not more than 500 GEL, and if the fine or surcharge is not paid within the prescribed period, the fine is replaced by a 6-month suspension of the right to drive. The additional window for payment is 30 days.
When can an operator be inspected?
At any time during the calendar year, without restriction — both under article 135 and under the unpermitted-activity compositions of article 127¹. The scheduling of an inspection is not within the operator's control.
Within what deadline can the decision be appealed?
Within 10 days of delivery, without state duty. A fine decision is first appealed to the superior authority and then to court. The appeal does not automatically suspend execution.
How We Help at Legal.ge
At Legal.ge, the lawyers in our network assist passenger-carriage operators across the entire cycle: we assess the qualification of the decision through the lens of articles 135 and 127¹, verify the factual grounds of the dispute over permit conditions, plan the schedule for paying the fine and surcharge with both distinct mechanics in mind, and prepare your appeal to the superior authority and to court before the deadline. Contact us before an inspection or after receiving a decision — at the first consultation you will receive an action plan built on concrete deadlines and amounts at Legal.ge.