Fine for not having a tachograph driver card. Everything about tachograph fines for legal entities and individuals

A tachograph is a mandatory part of most commercial vehicles. This technical device used to control various vehicle parameters, including speed, route, work time. If the device is not there (if it is provided for by the type of vehicle and the activity carried out on it) or it is faulty, then a fine for an administrative violation is imposed.

Features of tachograph fines in 2018

The Code states who is entitled to a fine for a tachograph, driver cards for a tachograph, and how much is required to pay for certain types of violations. Russian Federation about administrative offenses.

Tachograph

Violations of the tachograph can be associated not only with its presence and use, but also with its configuration and the participation of responsible persons who allow the vehicle to be used, knowing about the malfunction.

Fine 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 The following are considered guilty: the driver, including a private owner, an official.

The cost of collection in this case is equal to:

• 1000–3000 rub. for the driver;
• 5000–10000 rub. for an official.

Tachograph capabilities

If the subject is entity, no liability is provided. In addition to the driver, an official who is responsible for monitoring the condition and availability of the device may receive a fine. This may be the chief mechanic of the organization, responsible for the garage, or another person appointed by order of the company (this depends on the characteristics of the specific organization).

For individual entrepreneurs, liability in accordance with Part 1 of Article 20 of the Federal Law is assumed for drivers, employees servicing the device or permitting work with it. If an individual entrepreneur does not have a tachograph or does not meet the requirements, no punishment is provided.

Fine for faulty tachographs

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

Malfunctions also include:

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

Important! There is no fine for non-functioning tachographs if the breakdown was discovered during the working day. Both the driver and the official are exempt from liability.

Calibration problems

According to Section 2, paragraph 4 of Order of the Russian Federation No. 273, only special workshops that are allowed to perform 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 the Order of the Russian Federation No. 273).

Tachograph calibration

Note! Some modifications of devices do not provide for calibration.

Failure to comply with time limits

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

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

The maximum penalty amount is applicable for repeated violations.

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

Important! It takes about 3 days to complete the payment, so it is better not to put off paying off the fine until the last minute.

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

Traffic police check

What to do if you receive a fine

A resolution on an administrative offense is issued by an employee of the State Traffic Inspectorate during a stop and after detection of a violation on the basis of a fine protocol drawn up.

The offender may be notified:

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

Document sent to in electronic format, supported by electronic digital signature, which has the same legal force as a regular wet seal.

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

• register on the State Services portal;
• will come to the traffic police;
• use the SMS function by sending a request to number 7377 with the message “servicereg” or “servicereg”;
• call the nearest branch.

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

Important! If the fine is not paid, the amount of the penalty may double.

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 right addressee. To make a payment, you need a receipt indicating the order number. Main 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 branch.
• Traffic police website.
• Official website of State Services.
• Internet services - WebMoney, Yandex.Money, QIWI-wallet, [email protected].

Electronic transfer can be performed through a PC or smartphone with Internet access, or terminals installed in many public places. Pros - speed, no queue, accessibility; disadvantages - commission and lack of response information about the passage of funds.

To prevent the accrual of penalties and ensure that the debt is covered, a few days after payment you should contact the traffic police to check the payment transfer.

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

Preparation of the protocol

If the specified period is overdue and 90 days have passed since the decision was made, and payment has not been made, the material is transferred to the bailiffs, who must resolve the issue of forced collection.

Statute of limitations administrative offense is 2 years. After its expiration, as a rule, the collection is canceled.

If a citizen does not agree with the order, within the period allocated for appeal, he must contact:

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

Important! A note of disagreement with the violation must be left in the protocol before you sign it.

Where to contact if a violation is detected

If a citizen interested in complying with laws determines that vehicle does not have a tachograph or it is faulty, a fact of data falsification has been detected, he has the right to report a violation in order to eliminate the violation. Since the services that control 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 methods of contact:

• personally;
• by registered mail;
• electronic.

If the application is written on paper, then you can use samples that indicate the approximate sequence of presentation of information and hints on data that are required. If the appeal was oral, the applicant may be called back to possibly clarify information on the case. This information includes:

• date, time of determination of the violation;
• place;
• vehicle information (license number, make and model);
• violated traffic rules;
• article under the Code of Administrative Offenses of the Russian Federation, under 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 page of the official website of the State Traffic Safety Inspectorate - www.gibdd.ru/letter/. It is necessary to fill out a form with personal information: region, full name of the applicant, contact phone number, email address and the text of the application itself.

Note! It is not possible to report a violation anonymously. In some cases, you will also have to testify as a witness.

Changes in legislation

In 2018, new requirements appeared, which are reflected in Appendix 2 of Order of the Ministry of Transport No. 36 dated February 13, 2013, as amended. 2017 The purpose of innovations is to increase the level of road safety, driver vigilance and stimulation for careful driving. According to Order of the Ministry of Transport No. 273 dated August 21, 2013, as amended. New for 2018 are the following:

• From January 2018, analogue tachographs must be replaced with digital ones, with a digital cryptographic information protection unit (CDIS). The device must be replaced after 3 years.
• It is obligatory 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 a year later, passenger city vehicles must also be equipped.
• Installation is required for trucks with a carrying capacity of more than 3.5 tons.
• The requirements for digital tachographs do not apply to carriers involved in international transport (if they have an analog device on board that complies with AETR standards).

Tachograph installation

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 tougher measures are planned. Here are some of the amendments that have been submitted for consideration:

• 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 issuing 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 an organization if a car with a tachograph that does not meet the requirements is allowed on a flight.
• Criminal liability for managers of tachograph workshops who sell and install devices that do not comply with the requirements.

More stringent measures should be expected for commercial transport carried out without the use of data recording and control means.

How to avoid a fine and not get caught by it

Liability cannot be prescribed if there is none. This is a simple requirement that must be understood by those who use digital data recorders to control cars during working hours. The list of requirements consists of the following items:

1. Install a digital tachograph. Since January 1, 2018, traffic police fines have been applied in the presence of analogue devices, which they have now decided to replace with digital ones. If there is an international version and there is an appropriate license, reinstallation is not required. The main thing is that it is included in the register of the Federal Budgetary Institution "Rosavtotrans".
2. Work must begin if the device is in working order; before this, a workshop authorized for this type of work must put it into operation.
3. Perform scheduled checks, and if failures are detected, unscheduled ones.
4. Observe the established time for work and rest.
5. Follow the rules for using driver cards recommended by the manufacturers: avoid folds, contamination, and other factors that may lead to incorrect operation.
6. Monitor 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 standards for it, and then the traffic police or the transport inspectorate will have no reason to fine the driver or individual. face.

Route sheets are gradually becoming a thing of the past. Over long distances they do not guarantee detailed information, so there is a new requirement to record data along the entire route. At the same time, it was necessary to supplement the legislation to establish a fine for the absence or replacement of a driver card for a tachograph.

Why is a tachograph card required?

Now you cannot go on a route without a driver card. It is a prerequisite, but not people have yet figured out the reasons for the strict rules.

What is the small chip used for?

• Route data;
• Carrier identification;
• Indication of working conditions.

The fine for not having a driver card for a tachograph is fully justified. Thus, failure to adhere to a person’s rest schedule can lead to road accidents. Careful checks are now carried out at checkpoints to reduce the danger while traveling in various directions.

In what cases is a fine imposed for a driver’s card?

Traffic police officers impose a fine for driving without a tachograph driver card in different cases. People often make the serious mistake of assuming that a small chip always fits the bill. In what situations will you face administrative punishment?

• Loss of certificates of conformity;
• Lack of compatibility of internal components;
• Lack of verification documents;
• Inability to provide printouts of data;
• Damage to the flight recorder.

In each case, you will have to pay decent money for driving with violations. The card cannot be missing, since in accordance with road safety requirements it is now a mandatory driver’s document. Its operation at first seemed unnecessary, but over time, statistical data became the best confirmation of the feasibility of action.

Requirements of the legislative article for drivers

Extensive driving experience deceives the car enthusiast. People believe that they cannot be fined, so they break the rules, preferring to freely change tachograph data or completely refuse to install it. It is worth referring to Article 11.23, paragraph 2 of the Code of Administrative Violations to note the reasons for payments.

• Equipment malfunction;
• Lack of one component;
• Independent data modification;
• Violation of the regime.

The fine for not having a driver card is fully justified. The requirements should be reviewed in detail to provide each driver with detailed information. After this, the person will know exactly what he is being charged for.

Article 11.23 of the Code of Administrative Offenses

Violation of the established work and rest regime by a person driving a vehicle for the transportation of goods and (or) passengers shall entail the imposition of administrative fine in the amount of one thousand to three thousand rubles.

Equipment malfunction

Equipment malfunctions are checked by a traffic police inspector immediately after stopping. In this case, the owner of the vehicle bears full responsibility. Before sending the car on a route, you should carefully check the functionality of the devices so that there are no unforeseen situations along the way. The driver can independently check the condition of the tachograph so that he can safely undergo all checks at the checkpoints on the road.

Missing one component

The penalty for not having a tachograph driver card refers to the point of missing a single component. This violates the verification condition and does not allow obtaining the necessary data on the vehicle’s movement along the route. For this reason, after the inspection, a protocol must be drawn up with subsequent administrative responsibility. In this case, the culprit is the driver who did not promptly check the availability of everything necessary for the trip.

Changing data yourself

Self-tuning or calibration of equipment also entails administrative responsibility. A superficial check usually does not reveal such details, but they are shown in certain areas. You shouldn’t rely on the oversight of traffic police inspectors; it’s better not to break the rules, because deliberately making changes can be interpreted with different points vision.

Violation of the regime

A fine for driving without a driver card is also issued if the rules are violated. If you have the appropriate tachograph equipment, in any case, you can clarify all the necessary data, so the inspector will carry out the necessary check. As a result, improper implementation of the movement and rest schedule will be revealed, which negatively affects the person’s attentiveness. This may lead to a traffic accident, so administrative liability will become a prerequisite.

Travel over long distances must comply with strict requirements. When they are violated, the risk of accidents increases. Today, tachographs and electronic chips for reading data have become mandatory. After this, a new legislative provision was adopted, which precisely describes the reasons for issuing fines. So a detailed study of the rules guarantees useful information, which tells you how to avoid unnecessary cash payments.

24.03.2019

In order to ensure traffic safety on the roads in accordance with the norms of current legislation, all drivers engaged in intercity commercial transportation are required to equip their car, bus or other vehicle with digital tachographs - special means that allow monitoring the route and speed of movement, the driver’s working conditions, etc. P.

What is a tachograph and a driver card for a tachograph? When is their presence required? Is there a fine for driving without a tachograph and how much is it? Let's look at all these questions in more detail.

What is this product and who is required to use it?

A tachograph is a special device that registers the movement parameters of a vehicle and records them. They record data such as:

• the speed that the car develops on the highway;
• the distance traveled by the vehicle;
• the time during which the driver was driving or resting.

Regardless of the form of registration - an individual entrepreneur or a legal entity - i.e. everyone involved commercial transportation, both cargo and passenger, are required to install tachographs in the vehicle. Moreover, if the car is driven by more than one driver, then each driver must have his own driver card for the tachograph.

Who fines, what a fine can be imposed for

The right, and even the duty, of traffic police officers is to check the availability of tachographs and driver cards, as well as to record a violation and issue appropriate fines in the event of the absence of a device and (or) card or their improper use.

Depending on the nature of the detected violation, fines for legal and individuals can be written out:

• on the driver himself;
• for an individual or legal entity owning a vehicle.

When they talk about a fine for a tachograph, it is worth understanding that the reason for its imposition may be:

• absence of a tachograph on the vehicle, unless the law provides otherwise;
• on the highway (during a trip) a vehicle with a non-working tachograph or a tachograph that is not included in the list of certified models;
• the driver does not have a personal tachograph card;
• The driver does not use a map on the route.

If, in accordance with the law, a tachograph must be installed, but in fact it is not in the car, then a fine is issued for the absence of a tachograph. Moreover, it covers both individuals and legal entities engaged in both cargo transportation and passenger transportation on a commercial basis.

What are the requirements for driver cards and tachographs?

All requirements that must be met by tachographs installed in vehicles, as well as driver cards that work on these vehicles, are detailed and clearly stated in Order No. 36, issued by the Ministry of Transport of the Russian Federation dated February 13, 2013.

Naturally, today there is a list of changes and additions to this order, but it remains the basis according to which a fine for a tachograph is determined and assigned to a legal entity, an individual as the owner of a motor vehicle or to the driver.

The installed equipment must be included in a special list of the Federal Budgetary Institution Rosavtotrans. Analogue tachographs have been prohibited for use on the territory of the Russian Federation since July 1, 2016.

The driver's card is issued as an individual document for each driver. Before the trip, the driver inserts the card into the tachograph and enters an individual PIN code, after which the information is read and recorded while driving along the route.

In any case, the device installed on the vehicle must be:

• technically sound and working;
• reading information correctly;
• calibrated.

What are the fines and in what amounts?

The most pressing question, both for drivers and owners vehicles equipped with tachographs – the amount of fines. What documents regulate them, in what cases fines can be issued, etc.

Unscrupulous drivers and car owners, of course, are concerned about the question of what is the fine for driving without a tachograph? In this case, the size of the fine depends on the status of the person who violated the rules for operating the tachograph:

• if the driver is at fault, the fine will be 1000 - 3000 rubles;
• if an official is at fault, then you will have to pay a fine in the amount of 5 to 10,000 rubles.

The amount of penalties is regulated in accordance with the norms of the Code of Administrative Offenses of the Russian Federation (Article 11.23, Article 12.5, paragraph 1).

If the device is installed on the vehicle itself, but the driver drove without a card, then he will be fined for not having a driver card for a tachograph. Today its amount is 1-3 thousand rubles. But it is important to understand that not only the driver himself will bear responsibility, but also the responsible persons - the senior mechanic, the route manager and the owner of the car (if the transport is registered as an individual entrepreneur, then a fine for the tachograph will be issued to an individual entrepreneur, if to a legal entity, then there will be a fine on this legal entity). There is a fine for persistent violators

Until 01/01/2018, all tachographs not equipped with a CIPF unit (NKM) in cars in mandatory must either be replaced with digital ones with a CIPF block, or retrofitted with this block. In accordance with the new changes, a fine relating to the operation of a tachograph can be “earned” from July 1, 2016, even if you have the device installed in your car. It is enough for employees of inspection and control authorities if:

• the driver card is not inserted into the device;
• the card has expired;
• there is damage on the card;
• the tachograph contains a card issued in the name of another driver;
• there is no paper in the device for printing information;
• the CIPF block signals desynchronization;
• The service life of the cryptographic information protection unit has expired
• calibration deadlines are violated;
• seals are broken, etc.;
• calibration data mismatch.

In what cases is the driver or company not subject to a fine?

Despite the strict regulations of the law in this matter, there are still a number of cases when the absence of a device and (or) driver’s card may not entail fines.

If the vehicle has an old-style device installed before 2014. The deadline for replacing them with new analogues is provided by law until 2018, provided that the tachograph is digital (analog ones are prohibited for use) and the vehicle has a license for international transportation.

Other cases where fines can be avoided:

• the driver's card was stolen or broken while the driver was performing his immediate duties (subject to a supporting document on the re-issuance of the card)
• the device was broken or disabled during the transportation of goods or passengers; in this case, the driver must record the working hours manually on the back of a roll of tachograph paper and contact a tachograph repair shop as soon as possible.

If you want to avoid a fine for not having a tachograph in 2017, then contact our company.

• Don't have any hardware installed on your machine?
• Is there an old-style device that needs replacing?
• Need routine maintenance and health assessment activities?
• Do you need to reissue cards for drivers or issue new ones for those who have just started working?
• Do you need to retrofit your tachograph with a cryptographic information protection unit?

Experienced and qualified specialists of our company are ready to help you with solving all these issues. All work is carried out in strict accordance with the norms and requirements of current legislation, which will minimize the risk of receiving fines in the future when checking the device and its performance.