In the Russian Federation, there is a federal law, which is adopted as a step to improve the safety of a vehicle with a total weight of 3.5 tons. Order 273 was published in 2013 and made life difficult for those involved in transportation. Changes have been made to this law every year. 2016 was no exception.

A tachograph is a digital organizer device designed to record information about speed and movement, as well as to monitor the driver's actions. This device controls the driver's working and resting regime. The use of a tachograph increases safety on the road, because it eliminates accidents resulting from fatigue of the vehicle driver. The tachograph is subject to mandatory certification. The organizer device is used only in combination with an individual driver card.

What is the penalty for not having a tachograph

How much is the fine for a tachograph from July 1, 2016? The fine for the tachograph for an individual was from 1 to 3 thousand rubles, and the liability for the tachograph for the organization - from 5 to 10 thousand rubles. Not only those drivers who do not have a tachograph are punished, but also those vehicle owners whose device is in a malfunctioning state, there are violations of the procedure for registering information or an analogue device of an unregistered sample is installed.

The cost of the equipment itself is from 20 to 50 thousand rubles, and its installation costs 12 thousand rubles. This problem has become quite acute and worried the Ministry of Transport of the Russian Federation. In this regard, a special bill was prepared to abolish the mandatory installation of a tachograph until 2018. He is the work of the anti-crisis committee.

The draft Federal Law "On Amendments to the Federal Law" On Transport Security ", which is proposed to amend, adding part 1 of Article 8 with the following paragraph:

"The fulfillment by the subjects of transport infrastructure and carriers of the requirements for ensuring transport security is carried out in stages within the time frame established by the relevant plans for ensuring transport security of transport infrastructure facilities and vehicles, provided for in Article 9 of this federal law, until July 1, 2017".

Such a cancellation of tachographs was positively received by many vehicle owners, as well as by carriers who are trying to minimize additional financial costs for the modernization of movable property.

What awaits the owners of heavy vehicles in the coming year? It is assumed that from July 1, 2017, if the owner does not install a tachograph on the vehicle, then a fine of 50 thousand rubles will be issued on it (and this is a preliminary amount).

Penalty for not having a driver card for a tachograph

A driver card for a tachograph is a so-called personal log, which records information about actions performed with a car by a certain person, whether it is parking, driving, repairing or loading. The card is inserted into the tachograph before the flight, records and stores all the information. The main purpose of a tachograph is to record driver activities, not vehicle specifications. Therefore, the cards are of a personal nature, that is, they are issued to each driver individually.

Conditions for using a driver card:

• Correct work.
• Compliance with the electronic on-board instrument.
• No damage, deformation or defects.
• Current validity period (issued for 3 years).

The punishment for the absence of a driver card for a tachograph is established by article 11.23 of the Administrative Code. For transportation without a driver card to the tachograph, the following penalties are provided: a fine for organizations and transport companies - 5-10 thousand rubles, for individuals - 1-3 thousand rubles.

Article 11.23 of the Administrative Code

Driving a vehicle or releasing a vehicle on the line for the carriage of goods and (or) passengers without a technical control device that provides continuous, uncorrected registration of information about the speed and route of the vehicle, about the mode of work and rest of the driver of the vehicle (hereinafter - the tachograph), in the event that its installation on a vehicle is provided for by the legislation of the Russian Federation, as well as with an inoperative (blocked, modified or faulty) or with a tachograph that does not meet the established requirements, except for the case of a tachograph breakdown after release to the vehicle line, as well as in violation the established rules for the use of the tachograph (including blocking, correction, modification or falsification of the information registered by it).

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.

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 faulty and analog tachograph

The driver can be fined if the tachograph breaks down or when using an analog 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. in accordance with article 12.5 of the Code of Administrative Offenses of the Russian Federation:

Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2-7 of this article , shall entail a warning or the imposition of an administrative fine in the amount of five hundred rubles.

It was possible to guess about the abolition of tachographs immediately after the introduction of such a law. The problem was that the country's budget lacked the necessary amount of material resources to re-equip a public-type vehicle. This has led to the imposition of additional costs on carriers, which has caused widespread outrage and even social protests from car owners. As a result, it was decided to postpone the entry into force of the bill.

Accidents on the roads of the Russian Federation with the participation of commercial vehicles are always serious consequences, sometimes with a large number of victims and always with significant material damage. One of the reasons, experts say, is the fatigue of drivers as a result of the pursuit of earnings to the detriment of rest and, accordingly, the safety of their own and all participants in the movement. Particularly serious consequences of road accidents involving buses. Concern about this situation led to the adoption of a number of measures to reduce the accident rate.

At the end of August 2004, the Ministry of Transport issued Order No. 15, which described in detail the possible time for changing drivers and mandatory rest. But the result turned out to be well below expectations.

In 2013, the State Duma adopts amendments and additions to the traffic rules of Russia. These amendments adopted a provision on the mandatory use of control devices on vehicles engaged in the commercial transportation of goods and passengers.

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

1. Low-tonnage (weighing up to 5 tons) passenger vehicles with 8 or more seats for passengers. Category-M2.
2. Buses weighing more than 5 tons and seats for boarding passengers over 8. Category - M3.
3. Trucks weighing more than 3500 kg. but not exceeding 12000 kg. - N2.
4. Heavy trucks weighing more than 12,000 - N3.

As can be seen from the list, small commercial vehicles with a total weight of up to 3500 kg do not fall under the new laws. and a passenger taxi.

On June 5, 17, the Ministry of Transport adopts a new edition of the order dated 13 years of age and even stricter prescribes the norms of working shifts of drivers from taxis to long-range drivers.

It is one thing to issue an order, and another to monitor its implementation. For these purposes, a device called "tachograph" is used.

The tachograph is essentially a flight recorder that registers on paper, and later in electronic form, all the parameters of the vehicle's movement. 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 SovTransAuto machines. Mass use began on intercity transportation much later.

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

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

1. Devices that fully meet the requirements of the AETR (European agreement concerning the work of vehicle crews involved in international transport). These devices record movement readings and routes using a GPS unit and save the amount of data for a period of no more than 28 days. Then the device must be reset to zero by removing the information report on paper or electronic media.
2. Russian developers have gone further and increased the memory block, which is capable of storing the amount of information per year. The device has a block of cryptographic information protection (CIP). Such devices cannot be used in the European Union. Information is recorded based on readings of on-board instruments and data from GLONASS satellites.

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

Four types of cards are issued for each device:

The driver card is inserted into the device during the flight or during the working day.

The orders of the Ministry of Transport and the requirements of the rules regarding the use of tachographs are constantly violated. This happens often deliberately. So, the car urgently needs to be sent on a flight, and the driver, for some reason, cannot go. Instead, the leader of the column drives a substitute driver, but he does not have a card for this car. Making a new one for a specific driver for another car will not work quickly. Sometimes this process takes up to a month. And you need to go "yesterday". And they go.

For such a violation, a penalty is provided - a fine for not having a driver card for the tachograph.

The duty to control the work and rest hours of drivers is assigned to the employer or the owner of the vehicle, if the driver is not an individual entrepreneur.

For this, responsible persons are appointed. Traffic police officers are responsible for monitoring compliance with traffic rules en route.

If, when checking the driver's documents on the route, the police officer discovers that the driver is not using the tachograph because:

A fine for driving a car without a driver card to the tachograph is from 1 to 3 thousand rubles. for the driver. If the employee determines that the driver went on the flight by order of the management, who knew that he was violating the traffic rules and orders of the Ministry of Transport, then a fine is issued for the absence of a tachograph card for the employer. Such a punishment is already much more expensive, from 5 to 10 thousand rubles.

Quite often, for various reasons, control devices break down on the way, that is, they left for the flight in good order, but there was a failure while moving along the route. A fine for driving without a tachograph driver's card, which has broken, may not be applied by the inspector if the driver proves that he left in good condition.

The driver can continue driving for 15 days, but must record the time of movement and rest by hand.

Records are made on the tape of the tachograph, if it is impossible to print a "blank" tape, the records are made in the journal.

Innovations

From 1.01. 2018, new criteria have emerged for the installation and operation of tachographs on trucks and buses. Vehicle owners and drivers immediately have a lot of questions. What devices cannot be used? Is it possible to drive with analog recorders, driving without a driver card for a tachograph, what is the penalty?

According to the new requirements, vehicle owners that fall into the categories with the mandatory installation of control devices must replace the ECTP devices, released earlier on April 1, 2014, with analogue (washer) devices that do not meet the ECTP requirements.

The size of the fines has not changed.

No less urgent is the problem of accidents involving taxis. The control of the working hours of taxi drivers is carried out formally, overtime exceeds the permissible more than twice - 80 or more hours per week. As a result, both taxi passengers and motorists, all road users, including pedestrians, suffer.

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

In legal terminology, this is the introduction of means of objective control when drivers undergo pre-trip medical examinations. And also by installing control devices on taxi cars.

Telemedicine and car traffic data should be collected in a single database, to which the regulatory authorities have access. There is a lot of work ahead, there is a hope that thanks to increased control over the operating mode, there will be less accidents and our streets will become safer in taxis.

Recently, there have been changes in the legislation that oblige drivers of certain categories of vehicles to install special control devices. They provide road safety by encouraging the driver to maintain a rest and work schedule. Now violators are charged with a fine for a tachograph. The exposure measure is used in the absence of the device, when it is not used or when the regime is violated.

general information

When a law was passed on punishing drivers for the lack of a monitoring device, people began to wonder whether a tachograph was needed for a personal truck.

Normative acts establish certain requirements for the use of this equipment, and which categories of vehicles must necessarily contain it.

equipment requirements:

Basic rules of use:

• Before the trip, the driver is obliged to install the card in the equipment and enter his code.
• At the request of the equipment, the required data is entered, including the current location.
• The card is withdrawn from the equipment only after the end of the shift.

The law clearly establishes the categories of machines on which tachographs must be installed.

Who needs a control device

Such equipment must necessarily stand and work when using the vehicle to carry out commercial activities. Therefore, in theory, a private trader who transports his cargo does not need to install such a device. But, a private owner does not carry profit from his garden, transporting products from his garden. He buys and resells the goods or delivers. And this already applies to commerce. Therefore, it makes no sense to look for ways to deceive the law. It is better to take care of installing a monitoring device.

The equipment is installed on machines:

• The maximum weight is not more than 5 tons, the capacity in places is more than 8 people.
• The mass of the car is more than 5 tons.
• The carrying capacity of the vehicle is more than three and a half tons.

The listed means of transportation include buses in category D and cargo vehicles in category C.

On some new models of machines, control devices are installed from the factory during manufacture. While the device is operating normally, there is no need to remove it.

A responsibility

Article 11 23 part 1 of the Code of Administrative Offenses of the Russian Federation states that in the absence of a device on the car, where this is mandatory, the driver is brought to administrative responsibility.

The punishment can be imposed not only on the organization, but also on the individual - the driver. After all, when leaving, the driver undergoes an appropriate check in accordance with all standards.

According to all the rules, the driver must comply with the work and rest hours. In other words, he cannot drive the car for more than nine hours in a row. The monitoring device helps to monitor the application of this rule, which ensures road safety.

If a violation is detected, traffic police inspectors will fine:

• Driver - up to 3 thousand rubles.
• The official will be punished with a fine of 5 to 10 thousand rubles.
• A legal entity is imposed a sanction in the amount of 15 to 30 thousand rubles.

The penalty for the absence of a driver card for the tachograph is identical to the complete absence of the device... Therefore, the amount of punishment for such an act will be the same.

If the labor regime is violated, the minimum amount of the sanction is imposed up to 3 thousand rubles..

When an expired, broken or defective tachograph is used, the same penalties apply as listed above.

For driving without a tachograph, not only drivers are punished with fines, but also officials and organizations in which the person driving the vehicle works. When the machine is used commercially for the transport of goods or passengers, the presence of a control device is mandatory.

Video: What is the penalty for not having a tachograph and driver card?

The tachograph is an essential part of most commercial vehicles. This technical device is used to control various vehicle parameters, including speed, route, working hours. If the device is not available (if it is provided for by the type of vehicle and the activities carried out on it) or it is faulty, then a fine for an administrative violation is due.

Features of tachograph fines in 2018

Who is entitled to a fine for a tachograph, a driver's card for a tachograph and how much is required to pay for certain types of violations, is stated in the Code of Administrative Offenses of the Russian Federation.

Tachograph

Violations of the tachograph may be associated not only with its presence, use, but also with the setting, the participation of responsible persons who allow the vehicle to operate, knowingly knowing about the malfunction.

Penalty for not having a tachograph

If there is no digital information lock. According to part 1 of the Code of Administrative Offenses of the Russian Federation, Art. 11.23 are considered guilty: a driver, including a private owner, an official.

The cost of collection in this case is equal to:

• 1000-3000 rubles. for the driver;
• RUB 5,000-10,000 for an official.

Tachograph capabilities

If the subject is a legal entity, liability is not provided. In addition to the driver, a fine can be received by an official who is responsible for monitoring the condition and availability of the device. It can be the chief mechanic of the organization, responsible for the garage, another person appointed by the order of the company (this depends on the characteristics of a particular organization).

For individual entrepreneurs, responsibility in accordance with Part 1 of Article 20 of the Federal Law is assumed for drivers, employees servicing the device or allowing work with it. If the individual entrepreneur does not have a tachograph or does not meet the requirements, the penalty is not provided.

Penalty for faulty tachographs

If the device is broken or does not work well. Under Part 1 of Article 11.23 of the Administrative Code of the Russian Federation, this situation is equated to the absence of a device, which provides for liability similar to that described above.

Faults also include:

• intentional blocking, changes in settings or equipment;
• falsification of recorded information, etc.

Important! A penalty for non-working tachographs is not imposed if the breakdown was discovered during a working day. Both the driver and the official are exempt from liability.

Calibration irregularities

According to Section 2, clause 4 of Order of the Russian Federation No. 273, only special workshops that are allowed to do this type of work by obtaining a special permit have the right to perform any actions with tachographs, including calibration. The frequency of the procedure is every 3 years (clause 12 of Order of the Russian Federation No. 273).

Calibrating the tachograph

Note! Some instrument modifications do not provide for calibration.

Failure to comply with time frames

If the driver of the vehicle has violated the established schedule for work or rest, a fine under Part 2 of Art. 11.23 will be 1–3 thousand rubles for 2018. In this case, it does not apply to an official.

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

The maximum amount of the penalty is due in case of repeated violations.

If payment is made within 20 days after the order, the discount will be 20 percent.

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

The organization authorized to check vehicles with tachographs is the traffic police (traffic police) or Rostransnadzor (transport inspection). They have the right to oblige the driver to print information from the device, check the card, and if violations are identified, they can issue a fine.

Checking the State Traffic Safety Inspectorate

What to do if a fine comes

A decision on an administrative offense is issued by an employee of the State Traffic Inspectorate when stopping and after detecting a violation on the basis of a drawn up penalty protocol.

The intruder's notification may come:

• By registered mail with notification.
• To the Personal Account of the Gosulugi portal, if the driver is registered on it.

The document sent in electronic form is supported by an electronic digital signature, which has the same legal force as an ordinary wet seal.

Many drivers are faced with the fact that the letter does not come. In this case, the information can be tracked independently via the Internet using automatic search systems (you need to enter the driver's license number, car number). Also, the driver can check for a fine on his car if:

• will register on the State Service portal;
• will arrive at the traffic police;
• use the SMS function by sending a request to the number 7377 with the message "servicereg" or "servicereg";
• will call the nearest branch by phone.

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

Important! If the fine is not paid, the amount of the penalty can be doubled.

There are many ways to transfer funds to pay a fine for the absence or malfunction of tachographs in 2018. The main condition is that the payment system must 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 make a payment, you need a receipt, which indicates the number of the decree. Basic payment methods:

• Bank. The downside is that not all banks make the necessary transfers for the traffic police, this needs to be clarified at the department.
• Traffic police website.
• Official site of State services.
• Internet services - WebMoney, Yandex.Money, QIWI-wallet, [email protected].

Electronic transfer can be done via a PC or smartphone with Internet access, or terminals installed in many public places. Pros - speed, no queue, availability; cons - commission and lack of feedback on the passage of funds.

To prevent the accrual of penalties and to make sure that the debt has been covered, a few days after the payment, you should contact the traffic police to check the transfer for the payment.

After receiving the notification, the fined individual has 10 days to appeal. Then the fine must be paid within 60 days.

Registration of the protocol

If the specified period is overdue and after the issuance of the order, 90 days have passed, and the payment has not been made, the material is transferred to the bailiffs, who must resolve the issue of enforcement.

The limitation period for an administrative offense is 2 years. Upon its expiration, as a rule, the collection is canceled.

If a citizen does not agree with the prescription, he must apply to:

• the traffic police unit that issued the order;
• the prosecutor's office;

Important! A record of disagreement with a violation in the protocol must be left before you put your signature on it.

Where to contact if a violation is detected

If a citizen interested in observance of the laws has determined that the vehicle does not have a tachograph or it is defective, the fact of data falsification is discovered, he has the right to report the violation in order to eliminate the violation. Since the services that control the tachographs and everything connected with them are the State Traffic Inspectorate and Rostransnadzor, you should contact them at the department located at the place where the violation was determined.

Available contact methods:

• personally;
• by registered mail;
• electronic.

If the application is written on paper, then you can use samples, where the approximate sequence of presentation of information is indicated, hints on the data, which are required. If the appeal was oral, the applicant may be called back for possible clarification of information on the case. This information includes:

• date, time of violation determination;
• place;
• information on the car (license plate, brand and model);
• violated traffic rules point;
• article on the Code of Administrative Offenses of the Russian Federation, according to which punishment is imposed.

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

When applying online, you should go to the official website of the traffic police - www.gibdd.ru/letter/. It is necessary to fill out a questionnaire with personal information: region, name of the applicant, contact phone number, e-mail address and the text of the appeal itself.

Note! It will not be possible to report a violation anonymously. In some cases, you will have to give testimony as a witness.

Changes in legislation

In 2018, new requirements appeared, which is reflected in Appendix 2 of the Order of the Ministry of Transport No. 36 dated February 13, 2013, as amended. 2017 The goal of the innovations is to improve road safety, driver vigilance and incentives for careful driving. According to the Order of the Ministry of Transport No. 273 dated 08.21.2013, as amended. 2018 is new:

• From January 2018, analog tachographs should be replaced with digital ones, with a digital cryptographic protection unit (DSC). The device must be replaced after 3 years.
• They are obliged to install devices on buses involved in commercial passenger transportation with more than 8 seats. For those buses that operate in the suburbs, the deadline is 07/01/2018, and in a year, passenger city vehicles should be equipped.
• Installation is required for trucks over 3.5t.
• The requirements for digital tachographs do not apply to carriers engaged in international transport (if they have an analogue type device on board that meets the AETR standards).

Installing the tachograph

Thus, if there is no digital device that meets the established requirements, a fine is issued (the cost is described above). If the violation is repeated, it increases.

In the future, only toughening of measures is planned. Here are some of the amendments that are pending:

• Introduction of additional sanctions for individual entrepreneurs and legal entities. persons for violations of Part 1 of Art. 11.23 of the Code of Administrative Offenses of the Russian Federation for operation that does not comply with the laws of the Russian Federation, which implies a fine without the necessary tachograph in the amount of 50-100 thousand rubles.
• Criminal liability with imprisonment for up to 5 years for the head of the organization in case of admission to the flight of a car with a tachograph that does not meet the requirements.
• Criminal liability for tachograph shop managers who sell and install inappropriate devices.

More stringent measures should be expected for commercial shipments that do not use data capture and control tools.

How to avoid a fine and not get hit by it

Responsibility cannot be prescribed if there is none. This is a simple requirement that must be mastered by persons who use digital data fixers in their work to control a car during working hours. The list of requirements consists of the following points:

1. Install digital tachograph. From January 1, 2018, traffic police fines are applied in the presence of analog devices, which have now been decided to be replaced with digital ones. If there is an international version and there is a corresponding license, reinstallation is not required. The main thing is that it should be entered in the register of the Federal Agency for State Autonomous Transport "Rosavtotrans".
2. Start work with a working device, before that it must be put into operation by a workshop authorized for this type of work.
3. Perform scheduled checks, and if failures are found, unscheduled ones.
4. Observe the established time for work and rest.
5. Observe the rules for using the driver's cards recommended by the manufacturers: avoid folds, dirt, and other factors that may lead to incorrect operation.
6. Track changes in the law regarding tachographs, check tables of fines for changes.

Driver card

Important! It is prohibited by law to use Russian tachographs outside the country.

These requirements are simple. The main thing is to be attentive to the device and the norms for it, and then the traffic police or transport inspection will have no reason to fine the driver or physical person. face.