Penalty for not having a card in the tachograph. Everything about fines for a tachograph for legal entities and individuals. The amount of the fine for the absence of a driver card for a tachograph

The consequences of non-observance of traffic rules, as well as the regime of work and rest, affects the situation on the roads in an unfavorable way. In order to create safe conditions for participation in road traffic, a variety of technical means are introduced every year, from cameras that are designed to control from the outside, to tachographs that control the driver inside the vehicle. Both those and others inform the traffic police about the violations recorded and make it possible to take preventive measures.

What is a tachograph driver card and why is it needed? What is the penalty for not having a tachograph card in 2018? Who has the right to impose a fine for driving without a tachograph card? Who is responsible for the absence of a tachograph? We will answer these questions in this article.

The concept of "tachograph card for the driver" and its purpose

The tachograph card is a microchip with certain information, which, when interacting with the tachograph (flight recorder), makes it possible to remotely monitor the driver's actions during the period of work on the route (on the flight) and record violations of the working conditions and movement.

The purpose of the control device card is:

• continuous recording of data on the progress of the route. The readings of the device will record, including violations of compliance with the regime of work and rest, speed limits and deviations from the route;
• identification of a driver engaged in commercial cargo transportation;
• fixing the working conditions of the driver.

Conditions to the driver's tachograph card excluding liability

The physical presence of the control device card alone is not sufficient. It is also required that she:

• was relevant, i.e. the validity period for which it was issued has not expired. The card issuance period is limited to 3 years;
• there were no damages, defects, cracks, chips, abrasions, etc.;
• worked correctly without errors and failures;
• was compatible with the OBU.

Penalty applied for not having a card in 2018

Penalties for transportation without a tachograph card are:

• 5-10 thousand rubles if a business entity (transport company, organization, etc.) is found guilty;
• 1 - 3 thousand rubles in case of imposition of a penalty directly on the driver.

The driver can be relieved of responsibility for the lack of a control device card in some cases. For example, on the way, there was a breakdown or even loss of the tachograph card. To exempt from liability, simply the words of the driver are not enough, it is required to provide evidence of loss or breakdown.

It is also possible to drive vehicles without a control device card within 15 working days, the calculation of which begins after the inspectors are provided with justification and evidence. In this case, the tachograph functions are performed by the driver in manual mode, i.e. It independently records all the necessary information about the movement along the route in the journal.

Entities empowered to impose penalties for driving without a tachograph card

The subjects whom the law gives the right to control the presence of control device cards and apply administrative measures for their absence within the framework of the Code of Administrative Offenses are traffic police officers in the performance of their official duties.

At the same time, not only the absence of tachograph cards is recognized as guilty and administratively punishable, but also:

• lack of certificates of compliance with the technical regulations of the Customs Union, approved by the decision of the relevant commission No. 710 07/15/2011;
• lack of a certificate of compliance with the requirements of electromagnetic compatibility of the elements of the device;
• lack of instrument verification documents, which contain information about installation, calibration, sealing in an accredited workshop;
• the driver's inability to provide the traffic police inspector with a printout of the instrument readings, regardless of the reasons;
• absence, as well as malfunction of the device installed in the driver's cab (flight recorder) in the absence of a justified good reason;
• the driver's refusal to admit the inspector to the on-board instrument.

Subjects responsible for the absence of the card

Responsibility for the lack of a control device card is borne.

Home The tachograph registers information about the route and speed of movement continuously, monitoring the work and rest of the driver. The use of the device increases safety on the road, eliminating accidents caused by driver fatigue. Installing a tachograph is mandatory for most buses, almost all types of trucks weighing more than 3.5 tons and costs just over 30 thousand rubles. Fines for the absence of a tachograph For the absence of a tachograph from 01.04.2014, a fine is levied not only for international, but also for domestic Russian transportation. The punishment is equivalent to fines for a faulty, disabled or independently modified tachograph and in accordance with Art.

What is the penalty for not having a driver card for a tachograph in 2018

The fine for driving without a driver card to the tachograph in 2018 will be charged in a similar manner. The amount will be equal to the recovery set in 2016.

Info

Not in all cases drivers are fined. They are exempted from punishment if the card is lost or if it is broken. With the correct justification and the provision of evidence to the traffic police, the driver can continue the route for 15 days without a card.

In this case, all records are kept manually. Penalty for a faulty and analogue tachograph The driver may be fined if the tachograph is broken or when using an analogue device. If a malfunction occurs without assistance immediately after the driver leaves for the flight, then he must return to the garage and use the services of companies that carry out repair work.
A fine for an inoperative tachograph is collected in the amount of RUB 500.

Penalty for not having a driver card for a tachograph in 2018

• for special equipment - truck cranes, ambulances, tow trucks, etc .;
• on trucks of agricultural producers, which are used only for transportation within the area or to neighboring areas;
• for equipment registered by the military traffic police;
• for old equipment more than 30 years old, which either retained the original equipment or was restored to its original condition;
• for cars of the police, the FSB and other organizations entitled to carry out operational-search activities;
• on training vehicles, if they are not used for commercial transport;
• on machines undergoing sea trials.

In addition, one must remember about Article 20 of the above federal law. It states that the rules on tachographs apply only to organizations and entrepreneurs.

Penalty for not having a driver card for a tachograph

Among the administrative penalties applied for transport-related violations, there is also a fine for a tachograph. Both the complete absence of this device and the violations of the operating mode on the car recorded with its help are punished.
Let's figure out who can face such a fine, and how the driver or car owner can avoid it. What is a tachograph First of all, let's see what exactly such a device as a tachograph is.
It is the automotive analogue of the famous "black boxes" of aviation and registers:

• time of movement of the car;
• the speed with which the ride was going;
• kilometers traveled;
• periods of work of the driver.

Many new trucks or buses are now equipped with tachographs at the production stage.

The amount of the fine for driving without a tachograph in 2018

Law on Requirements for Tachographs Requirements for tachographs, rules for their use and control, as well as the types of vehicles for which this device is required, are approved by Order of the Ministry of Transport of the Russian Federation of 13.02.2013 N 36 (Appendix No. 1). Among the mandatory requirements, in addition to the burglar-proof and sealed unit of the device, the presence of:

• tachograph and motion sensor cards; means of visual, sound warning, etc.
• antennas for receiving and transmitting GSM / GPRS signals (if a communication module is included in the on-board device) and for receiving signals from global navigation satellite systems GLONASS and GPS.
• the necessary software and cryptographic software.

The tachograph is equipped with a printing device and a keyboard for entering information. Depending on the mode, it works with four types of cards: driver, controller, workshop and company.

Who will be fined for driving without a tachograph

In this case, we are talking about a tachograph card, since all data on the set speed, route, work and rest time are read from it.

• Self-tuning and calibration of the device is equivalent to a violation.
• A driver who violates the work and rest regime, as well as all of the above conditions, will be fined.

For transportation without a tachograph driver card, the following fines are provided:

• For transport companies and organizations that own the transportation route - from 5,000 to 10,000 thousand rubles.
• For drivers - from 1000 to 3000 thousand rubles.

You can find out the prices for cards for tachographs - Here! When can a driver be exempted from a fine for not having a tachograph card? Of course, there are cases when a driver can be exempted from punishment.

What a fine for driving without a tachograph

Provided that the vehicle's crew consists of more than one person, the second driver must activate immediately after the first (following the instructions).

• Enter the following data into the device: occupation of the driver, place of the beginning and end of the route, time frame, mileage, contact information. All of the above is also necessary for the second driver.

  Information is entered manually or automatically.

• The card must be withdrawn immediately after the end of the working day; you must first inform the device about the end point of the route.

Driving without a tachograph in 2018

• The absence, complete malfunction of the flight recorder (without justifying the reason), as well as the denial of access to the data is also regarded as a serious violation.

Why do you need a tachograph card:

• To unload information about the progress of the route in order to prove a violation or confirm compliance with the work, rest, high-speed traffic and route.
• Driver identification in the field of commercial cargo transportation.
• Registration of information about the driver's working conditions.

A complete list of documents required for issuing a card Externally, the card is a microchip with the necessary information, which, in cooperation with a flight recorder (tachograph), allows you to track the driver's actions for violations of working conditions and movement.

Within the framework of this article, we will consider several important questions for any driver regarding filling conditions, fines and sanctions for the absence or use of someone else's tachograph card. You will also find out who has the right to fine the driver or organization.

Who can fine a driver for driving without a tachograph card?

Any traffic police officer has the full right to impose a fine on the driver for the absence of a tachograph card.

Also, a fine can be received for the following reasons:

• Lack of certificates of compliance with the technical regulations of the Customs Union (Approved by the Decision of the Customs Union Commission dated July 15, 2011 No. 710).
• Certificate of compliance with the requirements for electromagnetic compatibility of the internal components of the device.
• Documents verifying the authenticity of the device, which confirm the installation, calibration and sealing of the device in an accredited workshop.
• For any reason, due to which the driver of the vehicle cannot provide the inspector with a printout of the instrument readings.
• The absence, complete malfunction of the flight recorder (without justifying the reason), as well as the denial of access to the data is also regarded as a serious violation.

Why is it necessary tachograph card:

• To unload information about the progress of the route in order to prove a violation or confirm compliance with the work, rest, high-speed traffic and route.
• Driver identification in the field of commercial cargo transportation.
• Registration of information about the driver's working conditions.

Externally, the card is a microchip with the necessary information, which, in cooperation with a flight recorder (tachograph), allows you to track the driver's actions for violations of working conditions and movement.

The only conditions for the driver card are:

• Current validity period (the card is issued for a period of three years).
• The absence of any defects, damages, deformations.
• Compliance with the on-board instrument.
• Availability and correct operation.

The penalty is established by article 11.23 of the Administrative Code, which says that the electronic key is part of the on-board recorder, and its absence is equivalent to the device's unavailability for operation.

The provisions of Article 11.23 are the following information:

• The owner of a vehicle (mainline truck, tractor unit, school bus, etc.) transporting goods or transporting passengers on a commercial basis undertakes to ensure that the vehicle (personal or owned by the employer's company) does not fly on a given route with a faulty flight recorder (tachograph).
• The absence of one of the components is equivalent to a malfunction of the device. In this case, we are talking about a tachograph card, since all data on the set speed, route, work and rest time are read from it.
• Self-tuning and calibration of the device is equivalent to a violation.
• A driver who violates the work and rest regime, as well as all of the above conditions, will be fined.

For transportation without a tachograph driver card, the following fines are provided:

• For transport companies and organizations that own the transportation route - from 5,000 to 10,000 thousand rubles.
• For drivers - from 1000 to 3000 thousand rubles.

When can a driver be exempted from a fine for not having a tachograph card?

Of course, there are cases when a driver can be exempted from punishment. The penalty is not imposed on a driver who travels without a tachograph card if the card is lost or broken on the way. However, provided that he can prove it to the traffic police.

In case of correct justification and the provision of evidence to the inspectors, the driver has the full right to carry out activities along his route without a card within 15 working days. In this case, it is necessary to keep all records of the course of the route manually.

The ninth paragraph of order No. 36 ("On approval of the requirements for tachographs") obliges the transport contractor:

• Activate the flight recorder even before starting the transportation along the route. Activation takes place by entering a pin code. Provided that the vehicle's crew consists of more than one person, the second driver must activate immediately after the first (following the instructions).
• Enter the following data into the device: occupation of the driver, place of the beginning and end of the route, time frame, mileage, contact information. All of the above is also necessary for the second driver. Information is entered manually or automatically.
• The card must be withdrawn immediately after the end of the working day; you must first inform the device about the end point of the route. It is prohibited to remove the map before the end of the route.
• Immediately provide the road inspection with access to the flight recorder, driver's personal card and print out data from the tachograph - otherwise, you may receive a fine for disobedience.
• In case of any defects in work, breakdowns and expiration of the validity period, it is prohibited to use the card - it is considered unsuitable for use.
• Use the card and tachograph strictly following the rules and recommendations established by the manufacturer of the device. Do not make any physical interference with the architecture of the recorder and do not try to tamper with the readings.

Since 2013, vehicles of some categories must be equipped with a tachograph - a device that allows you to control the driving of a motorist and his mode of operation.

All data is recorded on the driver's card, and then uploaded to a computer, where they can already get acquainted with them. The legislation provides for an administrative fine for not having 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 obligatory equipment of the following vehicles with tachographs: trucks intended for the carriage of goods with a mass exceeding 3.5 tons, as well as buses and vehicles carrying at least 8 passengers with a mass exceeding 5 tons.

A flight recorder or tachograph is a special device that reads, registers, and then stores the main parameters of vehicle movement. The information is stored on a special chip - the device card.

It is issued to each driver who has the right to drive a specific vehicle. Therefore, it is called a driver card. Its validity period is indicated on the front side. It does not exceed 3 years.

Before the flight, the motorist inserts his personal card into the on-board device, and by entering the pin code, activates it. It is retrieved only after the end of the route. Information from the card is uploaded to the computer, and allows you to check the following of vehicles, at the speed prescribed by the traffic rules, along the approved route, as well as the driver's compliance with the work and rest mode.

Provided sanctions

What is a tachograph?

All requirements for the use of the tachograph and the card for it are set out in Art. 11.23 Administrative Code.

Let's dwell on them:

1. A transport company or an entrepreneur who owns a vehicle carrying passengers or cargo for commercial purposes, for the management of which, according to the requirements of the legislation, the use of flight recorders is required, are obliged to install them and monitor their serviceability.
2. Each driver must be issued a personal valid card corresponding to the type of device installed on board his vehicle. It is prohibited to use an expired or faulty card.
3. You cannot calibrate or adjust the on-board unit yourself.

For driving without a card or with an expired one, the traffic police will be fined. If during the check it turns out that the driver is using someone else's chip, he will be fined for not having a driver card for the tachograph.

When a penalty is imposed

Timing of installation of tachographs for trucks.

Penalties regarding the use of the tachograph and its card with violations are provided for in Art. 11.23 Administrative Code. Employees of the traffic police and Rostransnadzor have the right to apply sanctions.

Let's dwell on them:

1. Defective onboard equipment. The traffic police officer who stopped the transport must check the status of the tachograph. Responsibility for faulty equipment lies entirely with the owner of the vehicle.
2. The absence of a card in the device does not allow receiving data on the conditions of transport movement along the route, taking into account the speed limit set by the traffic rules and the requirements for the rest of the motorist. For driving without a card, the responsibility lies with the driver and the transport company. A fine for traveling without a card will be charged from the driver and an official of the organization that has the right to the route.
3. We used an expired card. A motorist who has expired the card will be fined. After the expiration date of the chip, it is considered unusable. You cannot ride with him.
4. Self-tuning equipment. The car enthusiast will be fined when they find that he was engaged in setting up the device or calibrating it. After all, they do this when they try to hide violations of the work and rest schedule. Lack of adequate rest provokes a decrease in a person's attentiveness and often leads to an accident. Having identified violations of the schedule, the policeman will certainly fine the driver.
5. Lack of mandatory documents for the tachograph. The motorist will be fined for the absence of the following documents: Certificate of Conformity to the Technical Regulations of the Customs Union, Certificate of Electromagnetic Compatibility of all elements of the device, documents confirming the installation of the device in a certified center, as well as calibration and sealing.

A motorist will be fined when he refuses to provide access to the on-board device to employees of Rostransnadzor and the traffic police, or they will not be able to get acquainted with the printout of his testimony due to lack of paper.

Amount of fines

Comparison of data in the tachograph and on the driver card.

Punishments are imposed on the basis of Art. 11.23 of the Administrative Code.

They have the following sizes:

1. For the absence of an on-board device or its inconsistency with the requirements put forward, including the absence of a driver card in the tachograph, the motorist will be fined 1,000-3,000 rubles, and the officials of the transport organization - 5,000-10,000 rubles.
2. For violation of the driver's work and rest schedule, there will be a penalty on the driver in the amount of 1-3 thousand rubles.

In this article, we will tell you who and what fine will pay for the absence of a tachograph due to changes in the Administrative Code from November 1, 2019, as well as for the absence of a driver card for him.

From the article you will learn:

Penalty for lack of a tachograph in 2019

In accordance with the requirements of article 20 of the law of the Russian Federation No. 196-FZ, legal entities and individual entrepreneurs are required to install a tachograph in vehicles. The purpose of this device is to fix the driver's work and rest regime. Reading the information is necessary in order to prevent exceeding the norms of continuous vehicle control, as this can lead to an accident.

The consequence of long driving in one position can be the development of an occupational disease. Therefore, a labor protection specialist must control that the driver's work and rest schedule is recorded. Based on this information, the labor protection service takes measures to improve the working conditions of the employee. At the same time, the OT specialist does not have to personally remove the records from the devices, but can control the time of departure and return to the garage, as well as the inspection of the vehicle and the pre-trip medical examination.

Memo for the driver. How to use the tachograph

From November 1, 2019, amendments to the Administrative Code entered into force, according to which the driver will be fined from 3,000 to 5,000 rubles for driving a vehicle without a tachograph.

For the release of a vehicle on the line without a tachograph, a legal entity will be fined in the amount of 20,000 to 50,000 rubles, individual entrepreneurs in the amount of 15,000 to 25,000 rubles.

The amount of the fine for the absence of the device, as well as for violations in the use of tachographs, is specified in part 1. Also, violations of the use of the tachograph include falsification of information, the establishment of bugs and other types of information correction.

If, according to the readings of the device, it will be seen that in, which differs from the one actually worked by the employee, then the employer may already be brought to administrative responsibility by the inspector of the State Inspectorate for violation of labor legislation (part 1).

How to avoid a fine for a tachograph driver card

The best and only way to avoid a fine is to avoid wrongdoing. Compliance with the work and rest regime of the employee should be one of the main tasks of the employer for the prevention of road accidents, as well as for the prevention of industrial injuries and occupational diseases.

But there are objective situations when the tachograph is broken or the tachograph card was lost by the employee afterwards.

In the event of a tachograph breakdown, the driver must manually mark the breaks on the back of the printed tape. In this case, the inspector should not fine the driver or arrest the car, because the device broke down on the flight, and not before it.

Also, in order to avoid claims, add to the driver's employment contract a clause on the obligation to use the device and immediately inform the employer about its breakdown.

If the driver has lost or broken the card, you need to reissue. When applying for a reissue, a coupon is issued. Until the receipt of a new card, it is necessary to record records of working hours and breaks on the back of the paper roll from the tray of the device. Before arriving at the workshop, the driver has the right to present his notes during the check; the inspector has no right to fine him. It is prohibited by law to collect from the employee's salary the amount for card renewal. Cases of deduction from wages are established in. Loss of the tachograph card is not covered in this article. In addition, the owner of the card is not the employer, but the employee. Therefore, it is prohibited to collect the cost of reissue from an employee.