Administrative Code 11.23

Alexander, hello!

Currently, a fine under Part 1 of Art. 11.23 of the Code of Administrative Offenses of the Russian Federation can be issued to both the driver and the owner of the vehicle. Depending on who the protocol was drawn up for, the fine will also differ - for the driver 1-3 thousand rubles, for an official (individual entrepreneur in your case) - 5-10 thousand rubles.

Since, as I understand it, you work on the owner's car, then the responsibility for equipping it with a tachograph lies with him, respectively, the protocol, ideally, should have been drawn up on the IP.

Article 11.23. Driving or releasing a vehicle on the line for the carriage of goods and (or) passengers without technical means control, violation by the person driving a vehicle for the carriage of goods and (or) passengers, work and rest regime (as amended by Federal Law of 14.10.2014 N 307-FZ)
(as amended by Federal Law of June 14, 2012 N 78-FZ)

1. 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 on the speed and route of the vehicle, on the mode of work and rest of the vehicle driver (hereinafter - the tachograph ), if its installation on a vehicle is provided for by law Russian Federation, as well as with an inoperative (blocked, modified or defective) or with a tachograph that does not comply with the established requirements, except for the case of a tachograph breakdown after release to the vehicle line, as well as in violation of the established rules for using the tachograph (including blocking, correction, modification or falsification of the information registered by him) - (as amended by Federal Law of 14.10.2014 N 307-FZ)

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; on officials- from five thousand to ten thousand rubles.

is an individual entrepreneur a legal entity

An individual entrepreneur is not a legal entity, but for the application of the norms of the Code of Administrative Offenses, an individual entrepreneur is considered not as a citizen, but as an official.

Article 2.4. Administrative responsibility of officials
An official is subject to administrative responsibility in the event that he commits an administrative offense in connection with non-performance or improper performance their official duties.

Note.

Persons carrying out entrepreneurial activity without forming a legal entity, committed administrative offenses, bear administrative responsibility as officials, unless otherwise provided by this Code.

1. 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 on the speed and route of the vehicle, on the mode of work and rest of the vehicle driver (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 of the established rules for using the tachograph (including blocking, correction, modification or falsification of the information registered by it) -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from five thousand to ten thousand rubles.

2. Violation by a person driving a vehicle for the carriage of goods and (or) passengers of the established regime of work and rest -

shall entail the imposition of an administrative fine in the amount of one thousand to three thousand rubles.

Note. Abolished thirty days after the day of official publication of Federal Law No. 307-FZ of October 14, 2014.

Commentary on Art. 11.23 of the Administrative Code of the Russian Federation

1. The object of the act in question is the rules for driving a vehicle, the rules for its operation. An integral element of the commission of an offense in this case is a violation of the rules for using a technical control device that provides continuous, uncorrected registration of information about the movement of a vehicle, i.e. tachograph.

Currently, the requirements for tachographs are regulated by Order of the Ministry of Transport of the Russian Federation of 13.02.2013 N 36 "On approval of requirements for tachographs installed on vehicles, categories and types Vehicle, equipped with tachographs, rules for the use, maintenance and control of the operation of tachographs installed on vehicles ”. However, despite the publication of the specified normative act, the majority of vehicles on the territory of the Russian Federation are not equipped with the specified means. In this regard, the letter of the Ministry of Internal Affairs of the Russian Federation of 05/22/2013 N 13 / 5-134 "On the application of part one of Article 11.23 of the Code of Administrative Offenses of the Russian Federation" remains relevant, according to which, according to the General Prosecutor's Office of the Russian Federation, the State Traffic Inspectorate bodies do not have sufficient grounds to attract drivers for driving vehicles to be equipped with tachographs without such technical means of control. In this connection, the implementation of the provisions of the commented article is possible in relation to almost any vehicle, i.e. contributes to the violation of the established procedure for the operation of vehicles and the implementation of transportation. In this regard, the application of the commented article requires the suspension of the procedure for equipping vehicles with tachographs until the approval of the procedure for equipping vehicles with tachographs, while continuing to work on communicating through the media to the owners (owners) of vehicles of the requirements of the legislation of the Russian Federation in this part. In full measure, the prescriptions of the commented article are subject to application on the territory of the Russian Federation starting from April 1, 2014. Until the specified date, their implementation was carried out in accordance with the requirements of international treaties only in relation to international road transport.

The objective side of the act in question includes driving a vehicle in the absence of a control device (tachograph), with an inoperative or non-compliant device, as well as violation of the rules for using the tachograph, for example, by disabling it, blocking it, changing the device, etc. Thus, the objective side of the act in question is the implementation of the actions provided for by the disposition of the article.

The objective side of part 2 of this article is the violation by the driver of the vehicle of the established work and rest regime, the control over the observance of which is intended to be ensured by the tachograph. Thus, the specified act is also directly related to the use of the specified equipment.

2. The subjects of this offense are exclusively individuals... In most cases, subjects are citizens who drive a vehicle in violation of the established requirements. At the same time, the law also provides for the possibility of bringing to administrative responsibility the official responsible for the installation and verification of the tachograph installed on the vehicle. As a rule, the chief mechanic, the head of the garage, etc., is considered as the responsible official. the person in charge of the release of vehicles on the voyage.

The defining indicator of the subjective side of the act in question is the deliberate form of guilt. However, the priority of acts committed intentionally does not exclude the possibility of this offense being committed by negligence. The manifestation of a careless form of guilt is allowed in the case of driving a vehicle with a faulty tachograph or violation of the work and rest regime by the driver of the vehicle. In most cases, the implementation of the objective side of the act in question is associated with a deliberate violation of the established rules for the operation of vehicles.

The full text of Art. 11.23 Administrative Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 11.23 of the Code of Administrative Offenses of the Russian Federation.

(Name as amended by the Federal Law of October 14, 2014 N 307-FZ.

1. 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 on the speed and route of the vehicle, on the mode of work and rest of the vehicle driver (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 defective) 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 of the established rules for using the tachograph (including blocking, correction, modification or falsification of the information registered by it) -
(Paragraph as amended by Federal Law of October 14, 2014 N 307-FZ.

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from five thousand to ten thousand rubles.

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

The note is additionally included by the Federal Law of July 23, 2013 N 193-FZ; expired on November 15, 2014 - the federal law dated October 14, 2014 N 307-FZ.

(Article as amended by the Federal Law of June 14, 2012 N 78-FZ.

Commentary on Article 11.23 of the Code of Administrative Offenses of the Russian Federation

1. The norms of the commented article are aimed at implementing the Federal Law of July 24, 1998 N 127-FZ "On state control over the implementation of international road transport and on liability for violation of the order of their implementation" (as amended and supplemented). The purpose of the norms established by the commented article is to prevent violations that infringe on safety road traffic, life and health of citizens.

2. International road transport is defined as the carriage of goods and passengers by the appropriate vehicle outside the territory of Russia or across its territory, as well as through the territory of Russia. Intercity road transportation is carried out by both domestic and foreign carriers in accordance with Russian and multilateral permits.

3. In accordance with Art. 8 of the aforementioned Federal Law, drivers of vehicles are obliged to observe the work and rest regime stipulated by the relevant international agreement of the Russian Federation on the work of the crew of vehicles engaged in international road transport (such agreements are concluded with states adjacent to Russia, including those in the CIS). Russia is a party to the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), signed in Geneva on July 1, 1970, in terms of the use of digital control devices to monitor the work and rest regimes of drivers. In accordance with the order of the Government of the Russian Federation of January 23, 2008 N 46r, the Ministry of Transport of the Russian Federation determined the procedure for producing driver cards for international road transport, and approved their samples (see Order of the Ministry of Transport of Russia dated October 20, 2009 N 180 // RG. 2010.17 March). It is stipulated that control devices (tachographs) must be installed on vehicles for registering the work and rest regime of drivers of vehicles belonging to foreign carriers in the states - participants of the European Agreement on the work of vehicle crews, as well as foreign carriers in accordance with another international treaty of the Russian Federation.

4. The Ministry of Transport of the Russian Federation approved the Rules for the use of tachographs in road transport (Order of July 7, 1998 N 86 // RG. 1998. December 9). The Regulations on State Control over the Implementation of International Road Transport (approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1272 (with amendments and additions)) established that officials of the bodies of Rostransinspektsiya (now - Rostransnadzor) carry out checks of control devices (tachographs ), registration of the work and rest regime of drivers, filling in tachograms or, in established cases, keeping drivers of daily registration sheets of the work and rest regime, observance of this regime by drivers (sub. "e" clause 9 of the Rules).

5. The article contains two elements of administrative offenses, the subject of which in both cases is a truck driver and a bus driver, who carry out international transport. In the first case, administrative responsibility is provided for the absence of a control device (tachograph), as well as for driving a vehicle or a bus with the tachograph turned off, an unfilled tachogram or without keeping the relevant control sheets.

In the second case, we are talking about a violation by the driver of the above vehicle of the established rules of the work and rest regime in the presence of indicators of the appropriate and properly used control devices or sheets.

6. Officials of bodies exercising control and supervision in the field of transport (Article 23.36), as well as internal affairs bodies (police) (Article 23.3) have the right to consider cases under the commented article.

Officials of the said bodies have the right to draw up protocols on administrative offenses (part 1 of article 28.3).

Consultations and comments of lawyers under Article 11.23 of the Code of Administrative Offenses of the Russian Federation

If you still have questions about Article 11.23 of the Administrative Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

New edition of Art. 11.23 of the Administrative Code of the Russian Federation. Driving a vehicle or releasing a vehicle on the line for the carriage of goods and (or) passengers without a technical means of control, violation of the work and rest regime by the person driving a vehicle for the carriage of goods and (or) passengers

1. 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 on the speed and route of the vehicle, on the mode of work and rest of the vehicle driver (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 defective) 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 of the established rules for using the tachograph (including blocking, correction, modification or falsification of the information registered by it) -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from five thousand to ten thousand rubles.

2. Violation by a person driving a vehicle for the carriage of goods and (or) passengers of the established regime of work and rest -

shall entail the imposition of an administrative fine in the amount of one thousand to three thousand rubles.

Note. Abolished thirty days after the day of official publication of Federal Law No. 307-FZ of October 14, 2014.

Commentary on Article 11.23 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offenses specified in the article are public relations in the field of traffic safety in transport.

Legal regulation of this sphere of relations is carried out through the Federal Law of July 24, 1998 N 127-FZ "On state control over the implementation of international road transport and on liability for violation of the order of their implementation."

International road transport is defined as the carriage of goods and passengers by a suitable vehicle outside the territory of Russia or into its territory, as well as through the territory of Russia. Intercity road transportation is carried out by both domestic and foreign carriers in accordance with Russian and multilateral permits.

2. The objective side of the offense under consideration consists in the commission of the following illegal actions: driving a freight vehicle or a bus during international road transportation without a control device (tachograph) or with a tachograph turned off, as well as with unfilled tachograms or without keeping registration sheets reflecting the working regime and rest for drivers; violation of the established regime of work and rest by a driver of a freight vehicle or a bus carrying out international road transport.

In accordance with Art. 8 of the aforementioned Federal Law, drivers of vehicles are obliged to observe the work and rest regime stipulated by the relevant international agreement of the Russian Federation on the work of the crew of vehicles engaged in international road transport (such agreements are concluded with states neighboring with Russia, including those in the CIS). It is stipulated that control devices (tachographs) must be installed on vehicles for registering the work and rest regime of drivers of vehicles belonging to foreign carriers in the states - participants of the European Agreement on the work of vehicle crews, as well as foreign carriers in accordance with another international treaty of the Russian Federation.

In addition, the Ministry of Transport of the Russian Federation approved the Rules for the use of tachographs in road transport in the Russian Federation (Order No. 86 of July 7, 1998). The Regulations on State Control over the Implementation of International Road Transport (approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1272) established that officials of the bodies of Rostransinspektsiya (now - Rostransnadzor) check control devices (tachographs), register the working and rest regime of drivers , filling in tachograms or, in established cases, keeping drivers of daily registration sheets of the work and rest regime, observance of this regime by drivers (subparagraph "e" of clause 9 of the Rules).

3. The subjects of this offense are drivers of a freight vehicle or a bus carrying out international road transport.

4. The subjective side of the offense is characterized by guilt in the form of intent or negligence.

Another commentary on Art. 11.23 of the Code of Administrative Offenses of the Russian Federation

1. The Federal Law of July 24, 1998 "On State Control over the Implementation of International Road Transport and on Liability for Violation of the Procedure for Their Implementation" in Article 8 stipulates that vehicle drivers when carrying out international road transport are obliged to observe the work and rest regime, established by an international treaty of the Russian Federation on the work of crews of vehicles engaged in international road transport.

On a freight vehicle or bus during international transportation, a control device, a tachograph, must be installed, which registers the work and rest hours of vehicle drivers. In some cases, instead of a tachograph, it is allowed to keep daily registration sheets of the work and rest regime by vehicle drivers.

The object of the offense under consideration is road safety when carrying out international road transport by a truck or bus, and the offense directly encroaches on the Rules for the use of tachographs in road transport of the Russian Federation, approved on July 7, 1998 by order of the Minister of Transport of the Russian Federation.

The article also provides for one subject. This is the driver of a vehicle, but not any one, but carrying out international road transport. Moreover, the drivers who can be brought to administrative responsibility for the offense in question are both citizens of the Russian Federation and foreign citizens.

On the subjective side, both offenses can be committed both intentionally and through negligence.

2. The objective side of the offense provided for in Part 1 of Article 11.23 consists in driving a freight vehicle or a bus during international road transport: without a control device (tachograph), with a switched off tachograph, with empty tachograms, without keeping registration sheets reflecting the regime work and rest.

In the materials of this article, we will tell you in detail what is the fine for the tachograph under Art. 11.23 of the Administrative Code is provided now, and that will change in November 2019. Let's touch on the question of how many violations are on the driver's cards and where they come from. In addition, we will offer a detailed algorithm for “correcting errors”. In other words, we will tell you how to get away from violations of work and rest regimes and make sure that they do not bother you in the future.

First of all, it should be noted that there are two types of tachograph violations. By the way, the order of penalties is regulated by Art. 11.23 Administrative Code. This article of the code is divided into two parts. The first, - defines penalties for the absence or use of illegitimate equipment. The second, - attracts drivers for violations of work and rest regimes. Accordingly, a fine for a tachograph can be obtained for any of them. However, if only one protocol is written under the first part of the protocol, then according to the second part of 11.23 of the Administrative Code it is possible to catch several fines at once. Don't believe me? You can now how many violations are on your card!

LAW - a fine for a tachograph under 11.23 of the Administrative Code

In general, this is for those who do not take our word for it - read the law! The content was taken from an open source - the current version of the Code of Administrative Offenses of the Russian Federation. By the way, you can double-check this information, for example, on the ConsultantPlus website. So, we quote verbatim:

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 technical means of control, violation by the person driving the vehicle for the carriage of goods and (or) passengers, the work and rest regime.

Part 1, 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) - entails superimposition administrative fines for citizens at the rate of ; on officials - from five thousand to ten thousand rubles.

Part 2, article 11.23 of the Administrative Code. Violation the person managing vehicle for the carriage of goods and (or) passengers, installed work and rest regime - entails the imposition administrative fine in the amount of from one thousand to three thousand rubles.

Now - a fine for a tachograph under 11.23 of the Administrative Code

To thoroughly understand the scale of the tragedy, you need to realize the difference!.. Therefore, let's once again consider in detail what are the fines for the tachograph now.

Now - Without Tachograph or with Defective Device

So, while for absence, or a faulty device can bring to administrative responsibility the driver and the official. For example, a mechanic, director, chief engineer, in general, depends on who is assigned responsibility. Appointed, of course, by order of the enterprise.

Moreover, in the first version, dfine for the driver for a tachograph under Part 1 of Art. 11.23 Administrative Code is now only 1-3 thousand rubles ... According to the second scenario, for the official fine for a tachograph under Part 1 of Art. 11.23 of the Administrative Code is now 5-10 thousand rubles ... Everything!

In other words, involve an individual entrepreneur or a legal entity by writing a fine for a tachograph under Part 1 of Art. 11.23 now - it is forbidden! For one simple reason, because there are no such sanctions!

Ctrl + Enter.

Now - Non-observance of the regime of labor and rest

There is a paradox here! Now only the driver can be punished for violation of the work and rest regime. Moreover, the fine for the tachograph under Part 2 of Art. 11.23, in this case it will be just the same 1-3 thousand rubles ... At the same time, the official turns out to be completely out of business, and it is impossible to involve him. In addition, the demand from an individual entrepreneur or legal entity is again zero! In general - "beauty"! Now, let's look at what awaits us in the near future.

New

So, July 18, 2019 was adopted by the State Duma and approved in the third, final reading, a bill that toughens penalties in the field of the use of tachographs. This document approved by the Federation Council on July 23, 2019. In addition, the president has already signed this law on July 26, 2019. And, moreover, the document was even published in the official source “ Russian newspaper”, No. 166, July 31, 2019. It is called as follows: Federal Law of July 26, 2019 N 216-FZ "On Amendments to the Code of the Russian Federation on Administrative Offenses."

Eventually, from 01 November 2019 year, a new fine for the tachograph under Art. 11.23 of the Administrative Code of the Russian Federation. By the way, for those who do not believe, you can double-check this information on the ConsultantPlus website. Well, we suggest short review innovations.

Will become - Without a Tachograph or with a Defective Device according to part 1

Changes:

  • For drivers 3-5 thousand rubles. However, we remind you that it used to be 1-3 thousand rubles. Has almost doubled!
  • Now let's consider the option for officials- a fine for a tachograph under Part 1 of Art. 11.23 Administrative Code will now be 7-10 thousand rubles. However, remember - it used to be 5-10 thousand rubles. The minimum size increased by two thousand rubles, that is, they did not tighten much.

New:

  • For individual entrepreneurs- a fine for a tachograph under Part 1 of Art. 11.23 Administrative Code will now be 15-25 thousand rubles ... However, we remind you - earlier to bring individual entrepreneurs to administrative responsibility it was impossible!
  • Now, let's take a look at legal entities - a fine for a tachograph under Part 1 of Art. 11.23 of the Administrative Code will be 20-50 thousand rubles... However, let's remember - earlier to bring legal entities to administrative responsibility it was also impossible!

In fact, the size of the penalties approached the cost of the equipment itself. Definitely, it will now be cheaper to keep the devices in order than to pay for the protocols.

In addition:

In addition, in addition to fines, it is possible to suspend activities for up to 90 days ... And this, already very serious downtime can work!

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Will become - Non-observance of the Regime of Labor and Rest for Part 2

Changes:

  • Per driver from 1.5 thousand to 2 thousand rubles. However, we remind you that there used to be 1-3 thousand rubles. In other words, the minimum was raised by 500 rubles, and the maximum was reduced by 1000 rubles.

New:

  • Now for officials- a fine for a tachograph under Part 2 of Art. 11.23 of the Administrative Code will be from 7 thousand to 10 thousand rubles. However, remember - earlier to bring an official to administrative responsibility - it was impossible!
  • For individual entrepreneurs- a fine for a tachograph under Part 2 of Art. 11.23 Administrative Code will now be from 15 thousand to 25 thousand rubles. We remember - earlier to bring an individual entrepreneur to administrative responsibility - it was also impossible!
  • Well and for legal entities- a fine for a tachograph under Part 2 of Art. 11.23 Administrative Code will now be from 20 thousand to 50 thousand rubles. There was no earlier provided for such a possibility.

Impressively, is not it? In general, the mode of work and rest is now REALLY very A big problem! Do you understand why? We tell ...

Why is tachograph fine now a BIG problem?

So, how is the control over the observance of the work and rest regime of drivers now carried out? No way… The drivers did not need it, and the enterprises even more so! However, the inspectors also did not go into this issue strongly, because the fines are small. What is the result? It is enough to look at the card of any driver and see how much is there current violations. For each you can get a fine for a tachograph under Part 2 of Art. 11.23 of the Administrative Code is a mode of work and rest.

In general, if you multiply even by the sum of the minimum punishment, you get Tens of thousands rubles! Don't believe me? You can! Just take the data from any driver card that flies regularly and see - it's free. So, if the sum of these violations is supplemented with fines on an official, then you get the cost of a good imported economy class car. And if you also add fines to the enterprise, then this will already be the price of a decent house immediately for MKAD ohm. So - for EVERY driver! Put it all together, and the nerves of even the most staunch leader will fail.

When you read this material, such figures are hard to believe. However, we have quite a lot of experience in the field of tachography and we perfectly understand what we are talking about. In addition, packets of driver cards pass through our office every day. We regularly show carriers that the fine for the tachograph under Part 2 of Art. 11.23 Administrative Code, this is one of the most common violations. Do not care! In fact, only one person in a hundred is interested in what is really going on his map and is working on bugs. And then after flew in a dozen penalties at a time. In most cases, drivers simply multiply violations a day by two or three, and do not know what “ trojan horse”Ride with them.

Why are there so many violations?

So, now let's tell you where the fine for the tachograph under Art. 11.23 Administrative Code. Professional experience shows the following ... The topic is new for Russia, there are few specialists, no one wants to study - in general? everything is as usual! The main problem is the lack of specialized knowledge and the lack of proper control by the responsible persons of the enterprises.

At first. Incorrect installation of the tachograph itself subsequently results in a large number of errors in its readings. It is because of this that violations appear on the maps and the calibration of the equipment flies. In addition, a very large part of carriers are still deliberately using illegitimate tachographs.

Secondly. Approximately 90% of violations on drivers' cards are trivial negligence! In other words, it is simply misuse of the tachograph. Rarely do any of the drivers read the instructions for the device at least once. The buttons are pressed inappropriately, if only the tachograph stops beeping. In addition, almost no one analyzes the data on the card. Consequently, drivers do not see these violations, which means there is no point in talking about “correcting mistakes”. That is why, the fine for the tachograph under Part 2 of Art. 11.23 Administrative Code quickly appears and multiplies intensively on tachograph cards.

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Since the advent of digital tachographs, such equipment should be in every driver's arsenal as well as a set of screwdrivers, fuses and wrenches. In fact, it is a little helper for a driver card, it will certainly be useful to you and your colleagues in difficult times!

What else is there to wait?

At first, there was a lot of indignation about the introduction of tachographs in the Russian Federation. However, the wave of indignation continues now, because all the remaining types of vehicles are planned to be equipped for equipment. And yet - what can we expect in the end? To answer this question, let's see where it came from ... From Europe! How are things with tachographs there now? Installed by everyone, even taxi drivers. The inspection is equipped with readers and control programs. Few people look at the printouts. It is enough just to take the card, read the data and all violations "on the face" can be sent to the printer. That's about how it will be!

Already started and underway active work to improve the qualifications of inspectors. Recommendations and explanations on how to write a fine for a tachograph under Part 1 and Part 2 of Art. 11.23 Administrative Code. Increasingly, tenders of the traffic police for the purchase of electronic readers information for checking cards and tachographs. Consequently, the level of training of regulatory bodies will soon increase and there will be more protocols. Well, new fines will only spur their “interest” and desire to learn.

The use of tachographs in practice has long been proven to be highly effective. Even in Russia, there are positive results, despite the fact that the level of involvement of carriers in this process is at an extremely low level. That is why the topic will not die out! All in all, resistance is futile!

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What to do now?

Read carefully the order №15 of the Ministry of Transport. You need to get at least a general understanding of the requirements for the driver's work and rest regimes. This knowledge will allow you to understand the causes of violations on the driver card, as well as indicate which indicators you should strive for. Without studying order number 15, start the fight against violations there is no point! How are you going to work if you DO NOT know how it should be right ?!

The scale of the tragedy

If you have never done such work at the enterprise, first of all you need to make primary analysis situation and assess the real scale of the tragedy. Subsequently, in order to understand where the work is going, comparison with the initial statistics will be very necessary. So, in order to track violations of the work and rest regime of drivers based on the readings of the tachograph, there is only two options- manually from printouts or using.

Searching for failures in the work and rest modes of drivers by tapes is a rather tedious and painstaking job. Really, of course, but difficult, especially on initial stage... You will need to regularly make printouts, write out values ​​in a notebook or enter into spreadsheet and calculate indicators. Also, you need a clear knowledge of laws, orders and fluent reading skills of the tachograph printout symbols. However, there is no need to be afraid, it will be difficult at first, and then you will get used to it. All comes with experience! The disadvantage of this method is only that the probability of missing something important still remains. To master this issue The following blog articles “” and ““ will be useful to you. Learn - this will allow you to avoid a fine for a tachograph under Art. 11.23 Administrative Code in the future.

You can significantly simplify the task by using special programs. Much more convenient! I inserted the driver card into, read the data - ready! All violations are immediately visible, cases for 1 minute. Moreover, in this case, it is not necessary to be able to read printouts and learn the laws - the computer will tell everything itself. In addition, the program will do it much faster, and most importantly, it will not miss anything. The bad news is that free services to do this kind of work simply no! We suggest using, a detailed overview can be found in the article ““. This is a professional service, and inexpensive, and most importantly - There is no equal to him!

GR.Cards solves the problem

One of the simplest and cheapest options is a driver card decryption service. GR.Cards... To work with violations of the work and rest regimes of drivers, you will need the module “ LAW“. Service cost purely symbolic, and the functionality for conducting analytics is done very professionally. In addition, there is a free demo period. for 14 days from the moment of the first reading, and this is already quite enough to objectively assess the situation and evaluate the operation of the application. In general, to start with the program and learn how to unload information from cards. In the article “” we considered in detail possible ways, so we will not repeat ourselves here.

After uploading information to the service, you will immediately receive a detailed table with data "errors" individually for each driver. The program will indicate the period of the violation, display the order rate, the permissible and actual values ​​of the indicators of the drivers' work and rest regimes. In addition, a detailed and understandable explanation of each item is provided. In general, there is all to assess the situation and start working on bugs! Recall that for each violation, you can get a fine for a tachograph under Part 2 of Art. 11.23 Administrative Code.

So, the information received must be carefully analyzed and a list of typical driver errors must be drawn up. After that, it is necessary to gather personnel and explain in detail how to work with the tachograph and what to do wrong. People need to be taught! For those who cannot figure it out on their own and prepare a driver training program, you can contact us. We provide such services remotely, but at. In general, if such prevention is carried out within 1-2 months, most of the violations will disappear! Besides, you need to motivate the staff. It is necessary to clearly explain what to get away from this question. will not work! Modern driver extremely important know and be able to use the tachograph correctly! Otherwise - a fine for a tachograph under Part 2 of Art. 11.23 Administrative Code and problems with any employer are guaranteed! ..

Nonsense

The daily practice of our work shows that most of the violations on the driver's cards, about 90%, caused not by the mode of work and rest, but by banal negligence! First of all, they are simply not using the tachograph correctly. They need to start paying more attention to device labels, signals and warnings. By the way, we examined typical driver errors in our blog article ““. We regularly supplement the material with new recommendations, so take note and periodically lecture the staff. And to motivate drivers to correct work, just show the list of current violations on their cards. In addition, it will be useful to calculate the cost to be paid for each employee if he brings "tomorrow" a fine for the tachograph for Part 2 Art. 11.23 Administrative Code. Moreover, count for each violation and the total amount for the driver, official and company. Checked - stimulates well!

Miscalculations Graphics - a fine for a tachograph under 11.23 of the Administrative Code

So, after you manage to get rid of banal mistakes, only real violations of the work and rest regimes of your drivers will remain. Now it is necessary to collect a consultation on the enterprise from officials and carefully consider changes in work. It is important to set up the schedule in such a way as to completely avoid the appearance of such entries on driver cards. You need to understand the following! It may turn out that the driver will bring a fine for the tachograph under Part 2 of Art. 11.23 and, at the same time, he will not be guilty of such a violation. Let us assume that this circumstance occurred as a result of a miscalculation of the established schedule at the enterprise itself. If a person is punished or even fired, the driver can contact ROSTRUD and write a complaint. In this case, the truth will be on his side, because he performed work strictly according to the prescribed regime. So, the fines in ROSTRUD are much higher than in the traffic police and ROSTRANSNADZOR, or to be more precise, then Plus zero to the amount of the DPS resolution! Be careful!

Periodic prophylaxis

As you know, it is not difficult to take the bar, it is much more difficult. hold back... We do not even doubt that you will succeed in short time deal with violations at the enterprise and put discipline in order. However, drivers will change, staff turnover is everywhere and this is a normal process for any organization. In addition, previously trained employees may begin to relax and stop performing simple rules operation of tachographs. That is why it will be necessary to maintain a planned periodic control violations of the regime of work and rest on the cards of drivers. Otherwise, you can go back to basics.

Conclusions Articles - Fine for the tachograph under 11.23 of the Administrative Code

In conclusion, let's summarize some of the material and draw conclusions ... There are many violations of work and rest regimes on the map today any driver... For those who have doubts, you can. The fines were rather big, but from November 1, 2019 significantly grow up and new ones will be added to legal entities. persons and individual entrepreneurs. It will be very expensive to pay!

To avoid trouble and not get a fine for the tachograph under Art. 11.23 Administrative Code - it is necessary to study and control. The financial costs here are quite insignificant, we can say that they are practically nonexistent. We went through a fairly large number of programs for processing and analyzing data from driver cards and settled on. The reasons are as follows ... There are no free analogues, but paid ones cost much big money! The cost of self-control in GR.Cards is equivalent to 2 liters diesel fuel or 1 liter of a good frothy drink. Quite adequately, and taking into account the implemented functionality - it's for nothing! We recommend trying the program not only for businesses or individual entrepreneurs, but also hired drivers too! Learn to work with the tachograph correctly and, definitely, you can avoid problems on the roads and with their leadership. Bring the authorities a fine for a tachograph under Art. 11.23 Administrative Code - there will be 100% conflict, subject to new laws!

To work, you need a little time and patience. You need to learn how to read data from a driver card. If you have a normal tachograph, then you can perform this procedure for free, you will probably find a USB flash drive. If you can afford it - buy from us, we will arrange delivery. Next, load information into the program and analyze errors. Be sure to compose yourself a cheat sheet based on the collected data and try to use the tachograph correctly. In addition, conduct periodic re-monitoring of violations. According to our practice, you will put things in order in 1-2 months.

You should know! ..

It should also be borne in mind that the term for bringing to administrative responsibility under the Code of Administrative Offenses of the Russian Federation is 2 months, but in practice, inspectors try not to get involved with violations for which the statute of limitations has passed by half. In other words, it is enough for you not to create new violations for 1 month, and we can say that “the danger has passed”. Which way to move. ultimately, decide - only to you!

Instead of an Epilogue ...

We really hope that this material turned out to be useful for you, or at least informative! Read

 

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