The Plato system is young, but very promising. It is the Government’s response to support from the federal budget in restoring the condition of the road surface on federal highways. The effect of such a system applies only to heavy trucks, the damage from which is most noticeable on the highways. Now the system is already fully functioning; there is a mechanism not only for collecting fees, but also for tracking violators and applying liability measures to them. What are fines for under the Plato system? What sanctions are relevant for individuals, legal entities and IP? We will answer these questions in this article.

Actions leading to sanctions

The Code of Administrative Offenses in Chapter 12 regulates the imposition of penalties for offenses in the field traffic. In particular, Article 12.21.3 regulates such offenses committed by drivers (owners) of vehicles weighing over 12 tons. For violations in the Platon system, fines are provided for several alternative actions; most often, owners of heavy trucks are caught driving with a “hare”. This occurs when:

• Payment was not made on time, most often prepayment, but sometimes payment was deferred;
• The movement continued after the funds deposited into the system ran out;
• There was a deviation from the paid route, without coordination of this point with the system operator;
• A route was taken with a faulty or disconnected on-board device, or even if it was completely absent. In this case, the system operator cannot receive information that corresponds to reality about the kilometers traveled, route, etc.

The amount of the fine is determined by the number of existing similar violations. If it is committed for the first time, penalties are minimal. If repetition is allowed, then the penalties will be much more serious. At the same time, the Code of Administrative Offenses of the Russian Federation contains a note that limits the use of the sign of repetition. Thus, there will be no repetition if the same offense is recorded by the system several times during the day (travel without payment was recorded within 24 hours in different places by the same vehicle). If these actions are recorded for two or more days, then repetition occurs.

Changes in legislation on fines in the Platon system

On November 20, 2015, the Ministry of Transport of the Russian Federation, in tandem with State Duma deputies, announced to the public amendments to the Code of Administrative Offenses of the Russian Federation. According to these amendments, drivers of 12-ton trucks owned by domestic carriers are subject to exemption from penalties for violations of payment in the Platon system. At the same time, deputies initiated a reduction in fines to 50,000 rubles for the owners of these cars for the described violations. Repeated violations were proposed to be punished with a fine of about 100,000 rubles.

The State Duma adopted the bill on December 4, 2015. Fines were reduced to 5,000 rubles for a primary violation and to 10,000 rubles for a repeat offense. President of the Russian Federation V.V. Putin already on December 15, 2015 approved amendments to the Code of Administrative Offenses and the Law “On Highways and Road Activities in the Russian Federation,” as well as a number of other related acts.

The reduction in liability measures was due to statistics provided by the system operator. According to its data, as of May 2016, only 20% of registered 12-ton trucks travel along federal highways; the rest prefer to choose regional routes. The average fee paid per month by the owner of a heavy truck was 1,800 rubles (estimated cost of 1,200 km), which is several times less than similar vehicles whose registration is in a foreign country.

Current fines for owners

Despite the fact that the system is operating as normal, the collection of tolls and the application of penalties to drivers is currently in a “preferential mode”. This will be the case until 2019; from this year, tolls will be charged at the full rate, which is 3.73 rubles per 1 km of road. From 2016 to 2018, the tariff was increased annually in order to gradually reach the level of the full tariff, without shocking heavy truck owners from a blow to their wallets and gradually realizing the need to carry out transportation on the roads of the Russian Federation legally, i.e. with payment of duty. For example, in 2016 the tariff was 1.5 rubles per km, in 2017 1.91, etc.

The policy of holding car owners accountable for violating the Plato system is also changing. By general provisions The Code of Administrative Offenses of the Russian Federation influences the amount of penalties to which category the offender belongs: individual entrepreneur, individual (driver under an employment contract, contract, etc.) or legal entity (transportation company), as well as how many times the offense was committed. Thus, a hired driver, in case of driving a heavy truck in violation (no current Plato), will receive a fine of 5,000 rubles if detected. Official responsible for admission freight transport in a company, if the system is violated, Platon will be fined a much higher amount - on average, about 40,000 rubles. Individual entrepreneurs are fined amounts similar to officials companies. Most impressive fine threatens a business entity that carries out transportation in violation of the Plato system. Their fines reach 450,000 rubles. Those who commit repeated violations face even greater fines. The amounts of fines for systematic violators are assigned in multiples of the original amount; most often, the first fine is issued in double amount if it is repeated.

The traffic police has begun to fine owners of heavy trucks for failure to pay tolls on federal highways, a source close to the Platon operator told RBC, and was confirmed by several interlocutors at carrier companies.

Vehicle for controlling the fare of users registered in the registry state system toll collection “Platon”, on one of the roads near Moscow (Photo: RIA Novosti)

​​​Since mid-February, truck owners have been receiving fines for unpaid travel on federal highways through the Platon system. The owners told RBC about this heavy vehicles and confirmed by a source close to the Platon operator - RT-Invest Transport systems"(RTITS). According to him, on February 15, 2016 alone, traffic police inspectors issued about 1 thousand fines worth about 5 million rubles. “The statistics are approximately the same on other working days,” he clarifies. If we assume that the collection of fines began exactly on the 15th, it turns out that in February (taking into account holidays) fines could have been issued in the amount of about 50 million rubles.

The RTITS representative does not comment on these figures. But he reports that last days the number of people wishing to register in the system has increased.“Users with fines come to many Platon offices in different cities and register in the system. For example, in Kirov, Voronezh, Belgorod, Cheboksary, Naberezhnye Chelny, Krasnodar,” he lists.

The traffic police representative has not yet responded to RBC's request. Earlier in early February, several top managers of carrier companies and a source close to Rosavtodor said that the traffic police do not fine people for non-payment of tolls on federal highways. RBC's interlocutors explained this by the fact that the interaction between the traffic police and the RTITS was not well established. At the end of 2015, Vedomosti wrote that there was an unspoken moratorium on the collection of fines. With reference to an official in the transport sector, the newspaper noted that truck drivers are not fined, as there is a corresponding instruction from above - not to fine until the intensity decreases. But this did not apply to foreign carriers, who were fined since December 2015.

The state began collecting fees from heavy trucks for travel on federal highways on November 15, 2015. Carriers must pay for travel through the Platon system. In 2014, the RTITS company was chosen as its operator without a competition (50% owned by Igor Rotenberg, another 50% by businessman Andrei Shipelov and Rostec structures). Initially, fines for non-payment of travel were 450 thousand rubles. for the first violation and 1 million rubles. for repeating. But on December 15, President Vladimir Putin signed a law according to which fines were reduced to 5 thousand rubles. and 10 thousand rubles. respectively.

Platon collects data on violators and cases of non-payment in automatic modefrom means of recording offenses and has been processing since November 15, says a representative of RTITS. The operator acts according to the agreed with the traffic police protocols, and themselvesThe inspectorate issues fines, he explains. Representative of Rosavtodor

Effective from December 15, 2015 new edition Code Russian Federation about administrative offenses. Lawmakers have reduced fines for truck owners and drivers for payment violations in the Platon system.

On December 15, 2015, the day of official publication, certain provisions of Federal Law dated December 14, 2015 N 378-FZ came into force regarding the reduction of administrative fines for the passage of trucks with a permit. maximum weight over 12 tons, according to highways common use federal significance without paying a fee to the Platon system. It is noteworthy that in the current version of the Code of Administrative Offenses of the Russian Federation, administrative responsibility for such a violation in all cases rests only with the owner of the truck; the driver can be fined only if the truck belongs to a foreign carrier. Corresponding amendments have been made to “Non-compliance with the requirements of the legislation of the Russian Federation on payment of payment for compensation for damage caused to public roads of federal significance by vehicles with a permissible maximum weight of over 12 tons.” The new version of the article provides for administrative liability for driving heavy vehicles on federal highways without paying a fee to compensate for damage caused to roads, in the form of a fine of 5 thousand rubles. This liability applies to drivers of vehicles owned by foreign carriers and to owners of trucks with Russian registration. For repeated violation, a fine of 10 thousand rubles is provided. In addition, two notes have been added to Article 12.21.3 of the Code of Administrative Offenses of the Russian Federation, according to which administrative liability does not arise for drivers of trucks with foreign registration if “the length of the distance actually covered by the vehicle without paying a fee was no more than fifty kilometers after crossing State border of the Russian Federation and if payment for compensation for damage caused to public roads of federal significance by such a vehicle is paid to in the prescribed manner"at the time of consideration of the case administrative offense. Also, it is prohibited to hold truck owners administratively liable for a repeated violation within 24 hours from the moment the first case of driving without payment was recorded. Article 23.36 of the Code of Administrative Offenses of the Russian Federation determines that the jurisdiction of the federal executive body exercising federal state transport supervision includes the consideration of cases of administrative offenses, liability for which is provided for in Article 12.21.3 of the Code of Administrative Offenses of the Russian Federation only “insofar as it relates to vehicles owned by foreign carriers, owners (owners) of vehicles." The new version of Article 27.13 of the Code of Administrative Offenses of the Russian Federation provides that:

In case of committing an administrative offense provided for in Article 12.9, parts 6 and 7 of Article 12.16 and Article 12.21.3 of this Code, in relation to vehicles belonging to foreign carriers, owners (possessors) of vehicles, detaining the vehicle by stopping movement using blocking devices applies until an administrative fine is paid.

Article 31.5 of the Code of Administrative Offenses of the Russian Federation stipulates that a deferment or installment plan for the execution of a decision imposing an administrative penalty in the form of an administrative fine cannot be applied to foreign citizens under Article 12.21.3 of the Code of Administrative Offenses of the Russian Federation. Therefore, the new version of Article 32.2 of the Code of Administrative Offenses of the Russian Federation provides that the administrative fine for violation of payment of payment to Platon by a foreign carrier must be paid before the departure of the vehicle owned by him, on which the administrative offense was committed, from the territory of the Russian Federation.

Fines under the Platon resonance system, launched on November 15, have been postponed to May next year. The authorities have made concessions to truckers who continue to protest against the launch this mechanism. In addition, the State Duma reduced the size of fines by almost 100 times.

Problematic “Plato”

The situation around the functioning of the Platon service remains tense. With the help of this system, Rosavtodor planned to attract about 40 billion rubles. next year. However, protests from truckers forced the government to reconsider its original approach.

“Plato” was created to collect payment from trucks(weight over 12 tons) for using the routes. This type vehicles causes the greatest harm road surface, after which there is a need to repair the canvas. Initially, it was planned to use a fixed cost of 3.73 rubles/km. After that, we switched to a differentiated model - 1.53 rubles. till March next year, 3 rub. until 2018, and after that - 3.73 rubles.

The second resonant issue was fines for violations of payment within this system. Initial fines for the first and subsequent violations reached astronomical amounts: 450 thousand rubles. and 1 million rubles. Responding to protests from truckers, fines were reduced to 5 and 10 thousand rubles, respectively. The collection of fines under the Platon system was canceled until May 2016, including due to technical problems. This position is shared by the Ministry of Transport and Rosavtodor, with the only exception being the Moscow region, where fines will remain in force.

In the first 12 days of the system’s operation, over 0.5 billion rubles were collected. At the same time, various technical problems at the registration stage, which increased the degree of dissatisfaction among payers. Rosavtodor warned of possible financial sanctions against concessionaires of the Platon system. The department continues to check the quality of the mechanism, which began on the third day after launch.

Positions of the parties

Rosavtodor decided to cancel fines until May 2016 (outside the Moscow region), but truckers continue to protest against the Platon service.

The financial situation of carriers has deteriorated significantly during the crisis. Additional fees for using the highways could be the last straw, which will lead to a systemic crisis, experts warn. As a result, there will be interruptions in the supply of products, which will become felt as stocks in retail chains are reduced. Last news confirmed the fears of experts - despite the resolution of the issue of fines, in the first 7 days of operation of the Platon system, 30% of goods were delivered intermittently.

Business Ombudsman Boris Titov believes that it is better to shift the deadline for collecting tolls by 1 year. At this stage, it is better to switch the mechanism to test mode. At the same time, the question of whether they will be fined for violating payment using the Platon system is not so important. In addition to possible disruptions in the supply of goods, there is another problem. After the payment increase next year, inflation will accelerate by 2.7 percentage points, experts predict.

Experts support the test use of the Plato system in soon. Not all vehicles are equipped yet special devices, and some carriers are not registered in the service.

The protesters intend to achieve the abolition of this system. Otherwise, truckers will continue to put pressure on the government. In turn, officials need to look for sources of funding. In a crisis, it is necessary to save budget funds, including through funds to improve the quality of roads, which makes the Platon system necessary.

The law on transferring fines for payment violations under the Platon system until May next year has not yet been adopted. The State Duma limited itself only to reducing the amount of fines, which will amount to 5 thousand rubles. in case of the first violation, and twice as much for repeated violations. These measures are half-hearted, carriers believe. In the current conditions, “Plato” will become a threat to the uninterrupted supply of goods. Additionally, additional fees will result in higher prices. In the coming year, it is better to use this tool only in test mode, experts say.

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