Home Wheels Penalty for riding without a card. All about fines for the tachograph for legal entities and individuals. Sanctions in Europe

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Penalty for riding without a card. All about fines for the tachograph for legal entities and individuals. Sanctions in Europe

Emergency accident on the roads of the Russian Federation with the participation of commercial transport is always heavy consequences, sometimes with a large number of victims and always with significant material damage. One of the reasons for experts is the fatigue of the chauffeur as a result of chase on earnings to the detriment of rest and, accordingly, the security of their and all participants in the movement. Particularly serious consequences of an accident involving buses. Concern about the situation has led to a number of measures to reduce accidents.

In late August 2004, the Ministry of Transport issues No. 15, which described in detail the possible time of shifts of drivers and a mandatory rest. But the result was significantly lower than the expectations.

The State Duma in 2013 makes changes and additions to PDD of Russia. This change is made a provision on the mandatory use of control devices on cars engaged in commercial transportation of goods and passengers.

In accordance with the new requirements, the control devices (tachographs) must be installed on:

Low-tonnage (weight up to 5 tons) Passenger vehicle with the number of seats for passengers 8 or more. Category-M2.
Buses weighing more than 5 tons. And places for planting passengers more than 8. Category - M3.
Trucks weighing more than 3,500 kg. But not exceeding 12,000 kg. - N2.
Heavy trucks weighing more than 12000 - N3.

As can be seen from the list under the action of new laws, small commercial vehicles with a total weight of up to 3,500 kg. and a passenger taxi.

On June 5, 17, the Ministry of Transport takes a new editorial board of the order of 13 years and also hardly prescribes the rules of workers shifts from taxi to the farbia.

One thing is an order to publish, another to control his execution. For these purposes, the device under the title "Tachograph"

The tachograph in its essence is the onboard recorder who registers on paper, and later in in electronic format All car motion parameters. Speed, parking, route.

In Europe, such devices appeared at the end of the 60s of the last century, in the USSR at about the same time on the "Sovtransavto" machines. Mass application began on long-distance transportation significantly later.

The first tachographs were a recorder who recorded the speed of movement and parking on the paper disk in the form of a diagram. Such tachographs gradually come out of use, since they do not provide registration of all required indicators, but are still used where permission is obtained on a separate procedure. But it is rather an exception.

According to the requirements in 2018, two types of digital tachographs can be used:

Devices that fully meet the requirements of the EUT (European Agreement on the work of the crews of the vehicle participating in international transport). These devices write motion readings and routes using a GPS block and retain the amount of data for a period of not more than 28 days. The device then need to reset the information report on paper or electronic media.
Russian developers went further and increased the memory block, which is capable of storing the amount of information for the year. In the device installed a block of cryptographic information protection (SPJ). Such devices cannot be used in the European Union. Information is registered on the basis of the readings of onboard devices and data from the GLONASS system satellites.

For each of these tachographs, their plastic cards are produced, with which the device is possible.

Four card types are available on each device:

The driver map is inserted into the device at the time of the flight or during the working day.

The orders of the Ministry of Transport and the requirements of the rules in terms of the use of tachographs are constantly violated. It happens often consciously. So, the car urgently needs to be sent to the flight, and the driver for some reason can not go. Instead, the head of the column is coming behind the wheel of a submenuble driver, and there is no card on this car. Making a new one for a particular driver to another car will not quickly fail. Sometimes this process takes up to a month. And you need to go yet "yesterday". And go.

For such a violation, punishment is imposed - a penalty for the lack of a driver card for a tachograph.

The duty to control the regime of labor and recreation drivers is assigned to the employer or the owner of the TC, if the driver is not an individual entrepreneur.

For this purpose are appointed responsible persons. Control of the execution of traffic rules on the way is assigned to traffic police officers.

If when checking the documents from the driver on the route, the police officer will discover that the driver does not use the tachograph because:

Penalty for riding a car without a driver's card on a tachograph from 1 to 3 thousand rubles. For chaffin. If the employee determines that the driver drove into the flight on the order of the leadership, which he knew that he would violate traffic rules and orders of the Ministry of Transport, then the penalty for the lack of a tachograph card on the employer. Such a punishment is already significantly more expensive from 5 to 10 thousand rubles.

Quite often, the control devices for various reasons break down already on the way, i.e., he left the flight serviceable, but there was a refusal during the route. The penalty for riding without a driver of a tachograph driver, which broke, may not be applied by an inspector if the driver proves that he left the serviceable.

The driver can continue to move within 15 days, but it must record the time and rest time from hand.

Records are made on tachograph tape, if it is impossible to print "empty" tape, records are logged.

Innovations

With 1.01. 2018 has appeared new criteria for the installation and operation of tachographs on trucks and buses. The owners of TC and drivers immediately arise a lot of questions. What devices cannot be used? Is it possible to ride with analog recorders, riding without a driver card for a tachograph, what a fine?

According to the new requirements, the TC car owners falling in categories with the mandatory installation of control devices must replace the devices of EatP, released earlier on 1.04.2014, analog (washers), which do not meet the requirements of ENP.

The dimensions of the fines have not changed.

No less relevant, the problem of an accident involving a taxi. Monitoring of working time in taxi drivers is carried out formally, processing exceeds permissible more than twice - 80 or more hours per week. As a result, taxi passengers, and motorists, all participants in the movement, including pedestrians suffer.

The decision of this problem the government sees in the introduction of the so-called telemedicine.

In legal terminology, this is the introduction of means of objective control when passing by drivers pre-trip medical examinations. As well as installation on the taxi control machines.

Data telemedicines and movements of the car must be collected into a single database to which controlled authorities have access. The work is to be big, there is hope that in a taxi due to increased control over the mode of operation, the accident will decrease and our streets will become safer.

The tachograph is a mandatory part of most cars performing commercial transportation. it technical device Used to control various car parameters, including speed, route, working time. If the device is not (if it is provided for by the type of TC and the activities carried out on it) or it is faulty, then a penalty is relying for an administrative violation.

Features of fines on tachographs in 2018

About whom the penalty for the tachograph is relied, the driver's cards for the tachograph and how much you want to pay for separate species violations, according to the Code Russian Federation On administrative offenses.

Tachograph

Violations on the tachograph may be associated not only with its presence, use, but also with the configuration, the participation of responsible persons who allow TC to operate, knowingly knowing about the fault.

Penalty for the lack of tachograph

If there is no digital information retainer. According to part 1 of the COAP of the Russian Federation Art. 11.23 The guilty are considered: driver, including a private owner.

The cost of recovery is in this case:

1000-3000 rubles. for the driver;
5000-10000 rubles. For an official.

The capabilities of tachographs

If the subject is a legal entity, the responsibility is not provided. In addition to the driver, a fine can receive an official to which the responsibility for monitoring the condition and availability of the device is entrusted. They may be the main mechanic of the organization responsible for the garage, another person appointed by the Company's order (it depends on the characteristics of a particular organization).

For individual entrepreneurs, responsibility according to Part 1 of Article 20 of the FZ is assumed to drivers, employees serving the device or allowing working with it. If the IP does not have a tachograph or it does not comply with the requirements, the punishment is not envisaged.

Fine for faulty tachographs

If the device is broken or works badly. Up to Part 1 of Article 11.23 of the Code of the Russian Federation, this situation is equal to the absence of the device, which provides for the responsibility similar to the above.

The faults also include:

intentional blocking, changes in settings or equipment;
falsification of fixed information and others.

Important! The penalty for non-working tachographs does not assume if the breakage was discovered during the working day. The driver and official is released from responsibility.

Violations in calibration

According to section 2 of paragraph 4 of the Order of the Russian Federation No. 273, perform any actions with tachographs, including calibration, are eligible only special workshops, which are allowed to this type of work by receiving a special permit. The frequency of the procedure is every 3 years (paragraph 12 of the Order of the Russian Federation No. 273).

Tachograph calibration

Note! Some devices modifications do not provide for calibration.

Non-compliance with temporary frames

If the driver of the vehicle violated the scheduled schedule on the mode of operation or rest, the penalty under Part 2 of Art. 11.23 will be 1-3 thousand rubles for 2018. It does not apply to an official in this case.

The penalty for driving without a driver card is also defined by Art. 11.23, so the amount is the same - 1-3 thousand rubles, but the punishment is also provided for an official who allowed the driver to work without a card.

The maximum amount of recovery is assumed during repeated disorders.

If payment is paid within 20 days after the prescription, the discount will be 20 percent.

Important! It takes about 3 days to pay for payment, so the repayment of the fine is better not to postpone until the last.

The organization authorized to check vehicles with tachographs is the DPS (traffic police) or Rostransnadzor (Transport Inspection). They have the right to oblige the driver to print information from the instrument, check the card, and if disorders are determined, a fine may also be issued.

Checking GDDD

What if the penalty came

The decree on the administrative offense by an employee of the traffic police at stopping and after discovering the violation on the basis of the presented penalty protocol is discovered.

Notification of the intruder may come:

By mail by registered letter with notice.
In the Personal Cabinet of the Gosuluga portal, if the driver is registered on it.

A document sent in electronic form is supported by an electronic digital signature having the same legal force as the usual wet printing.

Many drivers faced the letter not coming. In this case, the information can be traced independently via the Internet, using automatic search systems (you need to enter a driver's license number, car number). Also, the driver can check the presence of a fine by its car if:

registered on the Public Services portal;
will arrive in the traffic police;
it will take advantage of the SMS function by sending a request to the number 7377 with the message "Saving" or "SERVICEREG";
call the phone to the nearest branch.

You can also periodically go to the post office at the place of registration and check for the availability of the desired letter.

Important! If the penalty is not paid, the amount of recovery can double.

Methods for transferring funds to pay a fine for the lack of or malfunction of tachographs in 2018 a lot. The main condition - the payment system should be connected to the State System of State and Municipal Payments (GIS GMP) in order for the money to go to the desired addressee. To pay, a receipt is needed, which indicates the number of the ruling. Basic payment methods:

Bank. The minus is that not all banks produce the necessary listings for the traffic police, it is necessary to specify in the department.
The traffic police site.
The official website of the State Service.
Internet services - Webmoney, Yandex.Money, Qiwi-wallet, [email protected].

Electronic translation can be performed through a PC or smartphone that has Internet access, or terminals installed in many public places. Pros - speed, lack of queue, availability; Cons - Commission and the lack of response information about the passage of funds.

To prevent accrual of penalties and make sure the debt coverage, a few days after payment, contact the traffic police to check the payment by payment.

After receiving the notification at the finished individual, there are 10 days to appeal. Then within 60 days the penalty must be paid.

Registration of protocol

If the specified period was crushed and 90 days passed after the resolution, and the payment was not made, the material passes the bailiffs, which must be addressed by the issue of forced recovery.

The limitation period for an administrative offense is 2 years. By its expiration, as a rule, recovery is canceled.

If a citizen does not agree with the prescription, he must contact the sentenced to appeal to appeal:

division of the traffic police, which took place the prescription;
prosecutor's office;

Important! An entry on disagreement with a violation in the protocol must be left before putting its signature in it.

Where to apply when identifying a violation

If a citizen interested in compliance with the laws determined that vehicle It does not have a tachograph or it is defective, the fact of falsification of data is found, it has the right to inform the violation in order to eliminate the violation. Since the services controlling the tachographs and everything connected with them is the traffic police and Rostransnadzor, it follows to them to the department located at the place of determining the violation.

Available ways of handling:

personally;
by registered mail;
electronic.

If the statement is written on paper, then the samples can be used, where an exemplary sequence of information is indicated, prompts according to data that are required. If the appeal was oral, the applicant may call back to a possible refinement of information on the case. This information includes:

date, time definition time;
a place;
information on the car (state number, brand and model);
broken PDD item;
an article on the COAP of the Russian Federation, which is punished.

When contacting useful will be information about the fact of violation: video on disk, printing from the device.

On the online handling, go to the page of the official site of the traffic police - www.gibdd.ru/letter/. It is necessary to fill out a personal information form: region, F. I. O. Applicant, contact phone number, email address and text handling itself.

Note! To declare anonymously about violation will not work. In some cases, the testimony as a witness will have to give.

Changes in legislation

In 2018, new requirements appeared, which reflected in Appendix 2 of the order of the Ministry of Transport No. 36 of 13.02.2013, with change. 2017. The purpose of innovations is to increase the level of safety on the roads, drivers' vigilance and stimulation to be careful driving. By order of the Ministry of Transport No. 273 of 21.08.2013 with change. 2018 new has become the following:

Since January 2018, analog tachographs should be replaced with digital, with a digital cryptographic information block (CCZI). Replace the device must be replaced after 3 years.
We bind to install devices on buses involved in commercial passenger traffic with more than 8 seats. For those buses that fly to the suburbs, the deadline - July 01, 2018, and a year later, passenger city vehicles should be equipped.
Installation is required for trucks with a carrying capacity of more than 3.5 tons.
Requirements for digital tachographs do not concern carriers involved in international transport (if they have an analog type device corresponding to the standards of the ESTR).

Tagged installation

Thus, if not digital devicecorresponding to the established requirements, a fine is issued (the cost is described above). If the violation is repeated, it increases.

In the future, only tightening measures are planned. Here are some of the amendments that are transferred to:

Introduction of additional sanctions for IP and JUR. persons on violations of Part 1 of Art. 11.23 Code of the Russian Federation for exploitation, which does not comply with the laws of the Russian Federation, which implies the execution of a fine without the desired tachograph of 50- 100 thousand rubles.
Criminal liability with imprisonment for up to 5 years for the head of the organization in the event of admission to the flight of cars with a tachograph, which does not meet the requirements.
Criminal liability for the leaders of the Tachographic Workshops, which sell and establish inappropriate device requirements.

It should be waiting for more stringent measures for commercial traffic carried out without the use of fixation and data control tools.

How to avoid a fine and not to get under it

Responsibility can not be prescribed if it is not. This is a simple requirement that should assign persons using digital data locks in the operation of the car control during working hours. The list of requirements consists of the following items:

Install a digital tachograph. From January 1, 2018, traffic police fines are used in the presence of analog devices that have now decided to replace the digital ones. If there is an option of the international sample and there is a relevant license, reinstalling is not required. The main thing is that it be listed in the Register of FBU Rosavtotrans.
Start working with a good device, until it is commissioned by authorized on this species Workshop works.
Perform planned checks, and when the failures are discovered - unscheduled.
Observe the set time for labor and rest.
Observe the rules for using the driver's cards recommended by manufacturers: prevent bends, pollution, other factors that can lead to incorrect work.
Track changes in the law relative to the tachographs, check the tables of fines on changes.

Driver map

Important! Russian tachographs outside the country use forbidden by law.

These requirements are simple. The main thing is to be attentive to the device and standards to it, and then the traffic police or transport secting will not be a reason to finish the driver or physical. face.

Growing the level of consumption improves the quality of life of the average person, but carries many and negative points. In particular, one of the most painful problems is the increase in the number of accidents, which is a consequence of intensification road. Proportional growth in the number of traffic police officers, as practice has shown, not enough to improve the situation. In this regard, all developed countries continue to search for alternative solutions aimed at reducing the excavation level of accidents on the roads.

Among the factors that have the greatest influence on the safety of DD are subjective indicators such as the discipline of the driver, as well as its physical condition (fatigue, drowsiness, reduction of attentiveness). Until recently, it was almost impossible to control these indicators, but with the advent of tachographs, the situation has changed for the better. But that the effect of their use is maximum, its presence on the motor vehicle should be mandatory. In many developed states, including Russia, the use of this device is regulated by law. The penalty for the tachograph and the driver's attached card is the vital measure of their mandatory use. To a greater extent, it concerns heavy vehicles, the consequences of frontal collisions with which in most cases are simply catastrophic. Today we will talk about what features of domestic legislation in the field of practical use of these devices.

What do you need a tachograph and driver's card

The tachograph is a digital device, the main purpose of which is to follow the most important parametersaffecting the safety of DD's safety to the greatest extent. In the old world, the use of tachographs is governed by Directive No.03821/85, called the "Agreement on Control over the State of TS drivers carrying out international transport." To make these electronic gadgets international, instead of language abbreviations and words, only pictograms are used here - graphic images, the purpose of which should be intuitive. Tachographs are mandatory to use in all states that have signed the ACT agreement. Russia ratified the European Document in 2013. Devices are constantly modified, and last generation It has a very high degree of protection against any manipulations aimed at distorting information, which is recorded in the internal memory of the device. If the tachographer is certified, its testimony can be perceived as evidence of the guilt / innocence of the driver of the vehicle during accidents.

The use of the device requires the availability of the driver's identification card, which is a plastic identifier of a person like Woo or. The presence of such a card allows you to accurately identify the identity behind the wheel at a specific point in time (when carrying out long-range cargo transportation motor vehicle Several (2-3) drivers can be changed). All data about drivers are recorded on the internal memory of the driver's card, so transport companies make them on all driver's staff.

Who has the right to receive IKV:

drivers with a marker in Wu C / D / E;
persons who have reached 21 years allowed to control the vehicle weighing from 7,500 kg., 18-year-old drivers, controlling vehicles with a smaller mass;
persons admitted to passenger road haulage subject to reaching 21 years and the presence of a certain experience of trouble-free driving;
drivers who have not previously had an identification card for tachograph.

The most reliable way to avoid the incompatibility of the device itself and driver cards is to order all the components in one place. But this is not always possible, especially for large motor vehicles, so when receiving new cards, they must be checked for performance with specific models of tachographs.

In one TC, two or more controlling devices cannot be used - this legislative norm is spelled out in the ESTR. IKV is the same obligatory document, as well as Wu, and its absence in the cabin, as well as a tachograph, is considered an administrative offense.

Persons authorized to punish such violations

All disorders qualified as related to the use of tachographs and IKV are punishable by fines, regardless of the status of the car owner (individual or firm specializing in cargo transportation).

In addition to the fine for riding without a tachograph and Smart card driver, traffic police officers may attract administrative responsibility for the following offenses:

non-working tachograph, lack of controlling complex on the AU without a valid reason;
the lack of a certificate of conformity to the tachograph of the TEHREGLENMENT;
the absence of a certificate of conformity of the controlling device with electromagnetic compatibility regulations;
failure to submit by the driver to the inspector printing of the testimony of the controlling tachographic complex;
the lack of confirming documents on the conduct of verification manipulations (calibration, installation of the device, its sealing accredited by the installer);
driver's refusal in providing and accessing the DPS employee to the controlling instrument.

Requirements and norms of domestic legislation

The need to use tachographic devices equipped with a certified cryptocrustry of SPJU is regulated by order of the Ministry of Transport No. 0273 and No.0470 (dated 13.08.2013 and 12/17/13, respectively). According to these documents, tachographs must be present in the following categories of vehicles:

engaged in the transport of dangerous goods;
TC category M2 (permitted weight up to 5 tons, equipped with seats for transportation from 8 passengers);
TC category M3 (permitted mass exceeding 5 tons intended for passenger traffic);
TC category N2 (permitted mass in the range of 3.5-12.0 tons);
TC category N3 (permitted mass over 12.0 tons).

As you can see cars This list does not include. Tachographs of an old sample, not equipped with the means of cryptographic protection of information, are currently prohibited for operation. It is not forbidden to use devices that meet the regulations of the European Union, if they were established on the vehicle in the factory conditions (but only those manufactured before 04/01/14). Motor transport category N2 should be equipped with tachographs with cryptocrust since April 2015.

Provisions of Art. 11.023 Administrative Code

The conditions and procedure for imposing administrative penalties regarding the use of controlling tachographic devices are regulated by Art. 11.023 Adminiscodex of the Russian Federation.

The document indicates cases where the DPS employee is entitled:

when the AC is released on the route or control of the AC, which must be equipped with a tachographic device engaged in the RPV to the built-in media (route / speed of the AC, accounting of the time spent by the wheel);
non-working tachographic equipment (regardless of causes);
the device has traces of extraneous intervention;
the TC has a device that does not meet the regulatory requirements.

Consider specific cases in more detail.

Malfunction of equipment

If the vehicle falls under the category that binds the use of the tachograph, the first thing that will certainly do the DPS inspector, who stopped the car - check its availability and efficiency. If it is found that the device is faulty, the owner of the vehicle will be responsible for it. To avoid punishment for moving on a car with faulty tachographic equipment, it is necessary to check its performance before departure from the garage. The driver before the trip has the right to ask a question about the goodness of the tachograph - this will prevent the emergence of unpleasant moments on the way.

Lack of tachograph or IKV

The penalty The absence of an IKV tachograph is a violation relating to the target of the tachographic equipment. This reduces the functionality of the device: only the driving parameters will be recorded - the route, the speed of the machine, and the information relating to the labor mode of the driver will remain unrecorded. Since this contradicts the proper use of a tachograph, the driver who left the route without the presence of an IKV will be recognized in violation. In art. 11.023 It is noted that a penalty for the lack of ICB (driver's card for a tachograph) is not executed on the car owner, but on the driver, although in some cases it is the same face.

Self change data

Some drivers may have a temptation to change data regarding the route of the motor vehicle or its own mode. Such attempts are punishable by imposing a fine. It should not be assumed that the inspector will not be able to detect interference attempts when testing the efficiency of the device - for an experienced PTS employee will not be difficult to find inconsistencies in the instrument testimony, which may cause a tachograph to be withdrawn for more thorough checks on a specialized package (software and hardware complex). If the fact of data change is proved, the offense can be interpreted not only in accordance with the CACAP article.

Driver violation

It is not necessary to explain the importance of the driver's condition: according to statistics, a significant part of the accidents is a direct consequence of fatigue and loss of concentration behind the wheel. Recently, drivers are struggling with this phenomenon with the help of energy drinks, which, indeed, are powerful neurostimulators, but their negative impact on health has already been proven.

Employers are also unprofitable when tired drivers fall into an accident, therefore technical remedy, allowing to control drivers, many were perceived positively. But not everyone.

Drivers themselves are most often against the use of such devices for quite understandable reasons: more by the wheel - it earned more. Therefore, on their part, attempts to change recorded on the data carrier are most often. But remember - such actions are punishable, and the re-violation threatens. Finally, the desire to earn more (for family, parents, ourselves) is fraught with the risk of health loss - and in this case your zeal will turn around the opposite result - you and your family can be without livelihood.

Penalties for violations of the rules for using IKV and Tachograph

As in the case of many other disorders, the size of fines for the illegal use of tachographs by physical and legal entities will vary greatly. Second important momentThe obligations are obliged to know all the drivers of the CU, which use controlling equipment - that the competence of their checks is made exclusively the DPS officers. But if they can carry out inspection of their performance, they can be unhindered, then to remove the instrument readings, they need to show a controller card - with its absence, the driver has the right to refuse access to the tachograph.

We list the varieties of fines in the field of using tachographic complexes:

for the absence of this device on the motor vehicle, if its presence is regulated by order of the Ministry of Transport. It should be noted that this document may be subject to adjustments, so we advise all interested parties to track the possibility of making such changes to the document. It is also necessary to know that the penalty for the lack of a tachographic complex can only be issued on the results of compiling an act of verification;
for violations of the mode of staying by the wheel of one of the drivers of the AC. It is this punishment that applies to truckers most often;
for an independent calibration of the tachographic device;
for violation of the integrity of the device, attempts to make constructive changes, for manipulation with indications or attempts to such actions, for non-compliance with the rules of operation of the TC;
penalty for the lack of tachograph in the cabin, as well as the use of someone else's identification card.

Lack of tachograph

To have an idea of \u200b\u200bwhich a fine is leaning for the absence of a tachograph in the cabin, if its category is included in the list, providing for the mandatory installation of this controlling device, you need to differentiate violation: the size of sanctions depends on whether the car owner is an individual or it belongs to the company engaged in freight transportation . Fleet forks differ for all other disorders relating to the use of tachographic complexes.

Penalties for legal entities

If we refer to Article 11.023, here we will not find the penalties provided for the Jurlitz - simply because the term "legal entity" is missing here. But the leaders of motor transport firms are obliged to know that they will not be able to see from liability: in Art. 2.10 (Part 2) Adminiscodex states that if the rules of responsibility for the committed offenses equally refer to, the punishment for their committing will be carried by those and others. However, there are exceptions. In our case, not equipping the vehicle by a controlling device punishes a fine in the amount of 5,000-10,000 rubles, which is not imposed on the driver, but on the chapter of the carrier company. And he should pay him with personal means, without the use of the firm's funds.

Government plans - a significant increase in the specified fine for legal entities for non-use of the tachograph (at least a multiple).

Fine for individuals

The case described above is private. If the car is not equipped with a tachographic device, and its owner is a private owner, he will bear responsibility for the offense. Penalty for the lack of tachograph in the cab individuals - 1000-3000 rubles.

Fine for IP

In accordance with Art. 023 of the Civil Code of the Russian Federation, responsibility for committing administrative offenses It can carry both a legal entity and a private entrepreneur. In our case, it can be argued that if the carrier is not registered as a transport company, it should be classified as an individual entrepreneur. A citizen engaged in cargo transportation (registered as IP) automatically refers to the physical category. So, in relation to entrepreneurs, there is the same size of penalties, as well as for individuals.

Fine for a faulty tachograph

There is a legal conflict, around which will be charged. We are talking about when the equipment failed - if during the movement of vehicles, (which, in fact, it happens most often, because the tachograph is included only during the movement, the probability of breakage in the off state is very low), then in this case the sanctions For a faulty tachograph will not. The driver only needs to prove this fact.

At the same time, if the seals are not damaged, it follows upon arrival in the garage to report to the emergence of breakage, and if he is a car owner, then take measures aimed at troubleshooting. It is important here to consider that the right to carry out the repair work of tachographic equipment has authorized organizations that have admission to the implementation of such works.

Otherwise, the DPS officer is entitled to believe that the breakage occurred before departure to the route, and then, in accordance with Art. 12.05, paragraph 01, will have to pay the penalty for a non-working tachograph of 500 rubles. If at this expense, an employee of the traffic police officer had doubts, he may limit the warning, demanding a malfunction upon arrival in the garage.

Penalty for calibration

The tachograph belongs to the family of control and measuring instruments, the accuracy of the readings of which can deteriorate over time. Therefore, they must regularly undergo a calibration procedure, during which the readings of the device are checked with references, and in the case of mismatch, accurate tachograph is performed. This procedure is carried out in the case of repair work, If the seal damage is detected, when the regulatory period is expired, between the instrument's surveys, when changing the characteristics of the vehicle, which should track the tachographic device.

The inspector will not be able to check whether the calibration of the tachograph was made, since this will require a specialized software and hardware complex (and the availability of appropriate authority).

The organization, the last time conducted a calibration of the device, should issue a car owner documents certifying the legality of such a procedure:

a copy of the license certifying the authority of the Organization to fulfill the work of this kind;
a document certifying the implementation of the specified procedure for the device installed in the vehicle;
sticker installed in a prominent place in a motor vehicle cabin, where the main testimony of the tachograph, recorded before the calibration procedure should be launched.

If any of the listed documents is missing (including sticker), the DPS officer is entitled to apply the penalties provided for by Art. 11.023 - they qualify in the same way as when traveling to a route without a tachograph.

Penalty for the exception of the time behind the wheel

Before the introduction of tachographs, the company engaged in cargo / passenger traffic has practically not able to track, in what mode drivers work, how much time is carried out behind the wheel and does not exceed the established norms.

With the advent of tachographic equipment and as a result of the introduction into the laws of the relevant changes, the problem was solved. In Russia, the mode of operation / recreation drivers engaged in long-distance shipping is regulated by order of the Ministry of Transport No. 015 of 20.08.04. In accordance with this document, the driver should not manage the motor vehicle more than 40 hours / week, and the total recreation time should exceed the working twice.

The number and duration of interruptions relating to long-stayed by the wheel are also regulated, which reduces the load on the organs and driver systems. Through the use of an identification card, all these actions are fixed in real time and can be tracked, if there are suitable conditions - including remotely.

If, when checking the testimony of Tachograph, the inspector revealed explicit violations of the operation / rest mode, it is entitled (not a car owner!) For 1-3 thousand rubles.

Punishment for the lack of identification card

The tachographic complex allows you to record data both on the actual tachograph and on the driver's card. In the latter case, information on the driver's actions is recorded. Requirements for a plastic identification card are set out in the order of the Ministry of Transport No. 036. According to this document, normal work The tachographic complex is impossible without a controller card, and in the case when the vehicle is the property of a transport company, a company card and a map of the organization that issued the device will be required. The absence of any of the listed components when verifying the DPS officer threatens with a fine, provided by part 1 of Art. 11.023 COAP - 1-3 thousand rubles for individuals, 5-10 thousand rubles for motor transport enterprises.

All cases when a penalty is provided for a tachograph driver's card

The lack of an identification card is a violation if the driver cannot explain this fact with objective reasons. However, other disorders associated with this identification can also be brought to fine.

the inability to show verification documents, the lack of certificates of conformity;
the presence in the tachographic complex of incompatible components (incorrect operation of the card with concrete model tachograph);
when the driver does not have the ability to provide an inspector with a printout of readings recorded in the memory of the identification card;
if the recorder has signs of intentional damage.

All the above sanctions, including a penalty for the lack of a driver's identification card for a tachograph, as practice shows, are an effective tool in the fight for the reduction of accidents on the roads.

Cases when the driver is not responsible for the lack of a card

The lack of an identification card is not an unconditional reason to impose a fine on the driver. If the latter can bring irrefutable facts proving that the card is lost on the way, or damage, which do not allow the information record, were obtained after departure from the garage, administrative responsibility can be avoided.

Of course, your arguments set forth in oral form and / or with the provision of video materials should be convincing - only in this case the inspector can agree with them. Then you, according to the legislation, will be 15 days to complete the route without a tachograph map, however, you will need to write records on the operation / rest mode.

Since 2013, the motor transport of some categories must be equipped with a tachograph - a device that allows you to control the motorist's ride and its work mode.

All data is recorded on the driver's card, and then unloaded to the computer, on which they can already get acquainted with them. Legislation is provided administrative penalty For the lack of a driver card for a tachograph. In this publication, we will consider all the nuances of this issue.

Sample driver card.

The current legislation provides for the mandatory equipment of the Tachographs of the following transport: trucks intended for the transport of goods, with a mass exceeding 3.5 tons, as well as buses and vehicles carrying at least 8 passengers, with a mass of over 5 tons.

The onboard recorder or the tachograph is a special device that reads, registers, and then stores the main movement parameters of vehicles. The information is stored on a special chip - device map.

It is given to each driver, having the right to manage specific transport. Therefore, it is called the driver's card. The term of its action is indicated on the front side. It does not exceed 3 years.

The motorist before the flight inserts his personal map in on-board device, and entering the PIN code, activates it. It is removed only after the end of the route. Information from the card is unloaded to the computer, and allows you to check the following vehicles, on the speed of the speed, according to the approved route, as well as compliance with the driver's work and recreation.

Provided sanctions

What is a tachograph?

All requirements for the use of tachograph and cards are set forth in Art. 11.23 Administrative Code.

Let us dwell on them:

A transport company or business entrepreneur transporting passengers or cargo with a commercial purpose to manage which according to the requirements of the legislation it is necessary to use onboard recorders, are obliged to establish them and monitor their health.
Each shoveline needs to issue a personal acting card corresponding to the type of device installed on board its transport. Use an overdue or defective card is prohibited.
You can not calibrate or configure the onboard device.

Driving without a card or with overdue traffic police will be fined. If during the inspection, the fact that the motorist enjoys a strange chip, he will write a penalty for the lack of a driver's card for a tachograph.

When imposes a penalty

Terms of installation of tachographs for trucks.

Punishments concerning the use of a tachograph and his cards with violations are provided by Art. 11.23 Administrative Code. Apply the sanctions are the right to the staff of the Road Police and Rostransnadzor.