What responsibility is provided for tachographs, and what do you need to know to avoid getting a fine?

In 2021, tachographs (devices that control the driving mode of vehicles) must be installed on category C trucks and category D buses, which belong not only to legal entities, but also to individuals.

Note. The terms for installing tachographs on cars of individuals are extended over time, but from January 1, 2022 they become mandatory for absolutely everyone.

Since the legislation provides for the obligation to install tachographs, it also provides for fines for their absence . These are the ones that will be discussed in this article:

• Fines for individuals.
• Fines for organizations (legal entities and individual entrepreneurs).

Regulatory framework, installation obligation in 2021

The presence of a writing device on a car is provided for in Art. 20 Federal Law-196 dated December 10, 1995. The law states that specific requirements are developed by the Government of the Russian Federation. By Decree of the Government of the Russian Federation No. 1213 of November 23, 2012, these powers were transferred to the Ministry of Transport. Order of the Ministry of Transport No. 36 dated March 12, 2013 contains the basic requirements for a tachograph and a list of persons required to install it. In accordance with Appendix No. 2 to the Order, all vehicles used for commercial purposes weighing from 3.5 to 12 tons are equipped with the device. In particular, the following vehicle groups fall into this category:

• intended for the transportation of passengers with more than 8 seats (weighing up to 5 tons or more);
• trucks weighing from 3.5 to 12 tons and more than 12 tons.

Thus, liability for the absence of an enterprise card for a tachograph is provided for by law only for persons using equipment for commercial purposes to make a profit.

IMPORTANT!

The Order also provides an impressive list of exceptions - a list of vehicles on which the device is not installed: for example, trolleybuses, cars for driving lessons, concrete mixers, truck cranes, ambulances and many others.

General rules

A story recently happened to my client Vladimir. He registered his own individual entrepreneur and decided to get into cargo transportation. He carries groceries between shops around the city. Sometimes she takes orders for the transportation of furniture from apartments and offices.

And recently he received a punishment for driving without an installed tachograph. Until that moment, he didn’t even know what it was or why it was needed. He thought that only bus drivers and truck drivers installed such devices.

Example 1: Alexey was driving his truck empty from Yekaterinburg. He wanted to travel several kilometers to load goods in Pervouralsk. But he was stopped by traffic police officers, and it turned out that Alexey did not insert the card into the tachograph. For this violation, a report was drawn up against him and he received a fine of 5,000 rubles.

This device is designed to control the time during which you transport something and the time during which you rest. It can also collect additional indicators. For example, the distance you have traveled.

This measure should protect drivers and passengers who use the carrier’s services.

In fact, according to the new law, all drivers engaged in commercial activities must have a tachograph. Even if you are an individual entrepreneur, you also need it. In large companies, special workers are responsible for installation.

Remember that it is almost impossible to falsify tachograph readings. All data is stored in encrypted form. If you try to rewrite this data yourself, it will be recorded automatically. During the next check this will be detected and you will receive a fine.

Is it possible to drive without a tachograph card for personal purposes?

The legislator emphasizes that a recorder is only required on machines used for commercial purposes. Thus, a fine for not having a tachograph card is not issued if the car is used exclusively for personal purposes. But this fact will have to be proven to the traffic police officers. In addition, if the car is even periodically used for business, including by tenants or other persons, the device also needs to be installed. You also need to take the card with you, even when driving a vehicle after work, for example, since it will be problematic for traffic police officers to prove travel for personal purposes.

Nuances

The nuances of using tachographs in 2021 include the requirements for them. Any device of this type must undergo the necessary testing and be found to be operational.

1. First of all, the device must contain a device for measuring movement characteristics.
2. You need a chip card inserted into the device and recording all information about the driver’s work.
3. It is mandatory to turn on the navigation device in accordance with the GPS and GLONASS systems.
4. There should be no damage to the seal.
5. The tachograph itself must be perfect in appearance, have absolutely no internal damage, and not make strange sounds; All functions should work smoothly and without any delays.
6. All components, including connecting parts in the tachograph body, should not show visible signs of external tampering, thus it will be clear whether any illegal manipulations have been made with the device.

Penalties after 01.11.2019

Already, traffic police officers are holding accountable officials of organizations that allowed travel without a card. From November 1, 2019, in accordance with Federal Law No. 216 dated July 26, 2019, this offense is included in Part 2 of Art. 11.23 of the Code of Administrative Offenses of the Russian Federation, and punishment is provided for both legal entities and individual entrepreneurs. The new fine for officials for not having a company card for a tachograph will increase significantly:

• for officials - from 7,000 to 10,000 rubles;
• for individual entrepreneurs - from 15,000 to 20,000 rubles,
• for legal entities - from 20,000 to 50,000 rubles.

Can an inspector fine for an unverified tachograph?

No. Rosstandart may be held liable for an unverified tachograph . Punishment under Art. 19.19 there may be just a warning or a fine from 20 thousand to 30 thousand rubles .

But! An inspector who has any doubts about the tachograph can “notify” Rosstandart about this - and then an inspection will come to the enterprise.

To avoid misunderstandings, it is better to carry with you a copy of the tachograph verification certificate certified by the company seal . Verification, by the way, is required every 7 years .

Is it possible to get a discount

An offense such as the absence of a driver’s tachograph card entails a monetary sanction. In accordance with the law, for many violations a 50% discount is provided when paid within the first 20 days after the punishment is imposed. But it does not apply to this offense and is valid only for the articles specified in Chapter 12 of the Code of Administrative Offenses of the Russian Federation. Payment can be made in a convenient way, through the State Services website, without a personal visit to a bank or credit institution, but without a discount.

Appealing fines

In some cases, when stopping your vehicle and requiring you to present a tachograph card, administrative liability can be avoided. You must prove that the card was lost or damaged. To confirm, you need to tell in the correct form, with all the evidence, why this happened. No application is required.

The traffic inspector may accept your verbal request, then for the next 15 days you will be able to travel without a tachograph in accordance with the paper issued on the spot by the employee. During this period, the tachograph must be repaired, calibrated, or a new one must be purchased instead of a broken one.

Appeal against prosecution

An appeal against a fine is made to a higher authority or court. The deadline for filing is 10 days from the date of receipt of the resolution. The copy must be marked as having received the complaint. It is necessary to substantiate the arguments, therefore it is recommended that in the event of a device breakdown, make notes in your own hand on the back of the tachograph paper about all stops and intervals in continuous movement.

Legal documents

• Federal Law of December 10, 1995 N 196-FZ
• Decree of the Government of the Russian Federation of November 23, 2012 N 1213
• Code of Administrative Offenses
• Article 11.23 of the Code of Administrative Offenses of the Russian Federation. Driving a vehicle or releasing a vehicle on the line without a tachograph, failure to comply with driving and rest time standards, or violation of the work and rest schedule of drivers
• Federal Law of July 26, 2019 N 216-FZ
• Article 11.23 of the Code of Administrative Offenses of the Russian Federation. Driving a vehicle or releasing a vehicle on the line without a tachograph, failure to comply with driving and rest time standards, or violation of the work and rest schedule of drivers

Without driver card

If there are several drivers on a truck or bus, then each of them must have their own card. Driving on someone else's card is strictly prohibited.

After one of the drivers has completed his route and went to rest, the second driver must install his personal card in the tachograph.

Some devices have a function to automatically turn off the motor. If one of the drivers drives longer than expected during the day, the device can turn off the engine.

Who can not install a tachograph?

Until July 26, 2021, in Appendix No. 2 to Order No. 36 of the Ministry of Transport of the Russian Federation, there were a number of commercial vehicles that were not included in the list for mandatory installation of a tachograph. These cars included:

• Special equipment used for agricultural work. For example, a livestock truck or a tractor.
• Vehicles on which factory control systems are installed. It is important to note that vehicles must obtain special licenses and carry out international passenger transportation.
• Special equipment used in the construction of objects for various purposes (concrete mixers, etc.);
• Vehicles equipped for training driving, including heavy-duty trucks and buses for transporting passengers.
• Vehicles whose age is 30 years or more.
• Vehicles used for military purposes.
• Cars used by employees of the Ministry of Internal Affairs or the FSB of Russia to carry out operational investigative activities and other assigned tasks as part of an official investigation.

In 2021, only owners of small trucks whose weight does not reach 3.5 tons (N1) can refuse to install a tachograph. As well as passenger cars (M1), the number of seats in which does not exceed eight.

The legislative framework of the Russian Federation does not provide penalties for installing a tachograph in personal cars. But it should be remembered that this device makes it easier to monitor the technical condition of the car, and also allows you to optimize the driver’s operating mode and helps control the speed limit.

What is a tachograph and why is it needed?

A tachograph is a device with which you can view the driver’s working hours and compliance with traffic rules. It is used to track the operation of vehicles, so that the truck driver does not overwork.

It is important to know! Using a tachograph, you can control the speed of the car and record the fact that it has been exceeded. The device also has a built-in navigation system and can indicate the movement of an object on the map.

Tougher penalties and administrative fines for detection of driving without a tachograph were introduced due to the fact that the absence of a device often puts the trip at risk, since it is due to driver fatigue that a large number of accidents occur.

On what vehicles is a tachograph installed?

According to international agreements, as well as national legislative norms, a list of types of vehicles is established that are required to have a device that records the driver’s work and rest hours (tachograph).

The list of such vehicles includes vehicles engaged in commercial activities, that is, used for regular profit-making.

Thus, according to the provisions of the law, tachographs must be present on the following vehicles:

1. trucks belonging to categories N2 and N3;
2. buses belonging to the M2 and M3 categories.

So, for trucks of categories N2 and N3, installation is necessary both for those transporting dangerous goods and for those transporting non-dangerous goods. A breakdown of vehicle categories is contained in the Technical Regulations of the Customs Union.

Basic requirements for tachographs

The requirements for this type of device are established by current regulations.

The main act in which they are legislated is Order of the Ministry of Transport No. 36 dated February 13, 2013. It contains a list of mandatory requirements that are required by law for this type of device.

Requirements for tachographs:

1. impact-resistant device block;
2. sealing the device;
3. tachograph card;
4. built-in motion sensor;
5. availability of visual and audio warning means;
6. antenna modules for communication and navigation;
7. software for cryptographic protection.

Checking tachograph fines through the Online Traffic Police service

Online traffic police replaces the manual search for fines on government websites. authorities for automatic verification against the federal treasury database. It contains information about all fines for legal entities and individuals. All cars and drivers of the company are checked simultaneously. The report is generated in your personal account.

How the automated fine control service works:

• Monitors the appearance of new fines in the fleet - traffic police, MADI, AMPP, Platon for each car and driver;
• Notifies the organization about each fine that appears by email or SMS, as well as in your personal account;
• Generates documents for payment (receipts, payment orders) or automatically pays off fines (when the option is activated).
• Tracks payment results in the Federal Treasury GIS GMP database and displays them in your personal account;
• Identifies partially paid orders that cannot be found by standard means;
• Saves the history of all fines for each car;
• Notifies the FSSP of enforcement proceedings on overdue fines and provides details for payment;
• Prepares a detailed report on outstanding fines;
• Integrates with the automated control system of organizations that record fines in an accounting system (for example, 1C).

The service makes it possible to manage fines using buttons in your personal account - just like on a control panel. This frees up time for other important tasks.

Check the work of the Online Traffic Police

Payment deadlines are always under control - you always have time to pay fines with a 50% discount and spend money for the development of the company, and not on fines.

according to article

Write to our lawyer and he will help you understand automobile legislation. We will consider controversial situations and tell you how to act according to the law.

Don't miss new useful publications

We will tell you about the intricacies of the legislation, help you understand it and tell you what to do in controversial situations.