11.23 Code of Administrative Offenses of the Russian Federation who is responsible. GR.Cards solves the problem

16.05.2020

In the materials of this article we will describe in detail what the fine for a tachograph is under Art. 11.23 of the Code of Administrative Offenses is provided now, and what 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 “working on bugs”. 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 is worth noting that there are two types of tachograph violations. By the way, the procedure for penalties is regulated by Art. 11.23 Administrative Code. This article The code is in two parts. First, - defines penalties for the absence or use of illegitimate equipment. 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 for the first part, then for the second part of 11.23 of the Code of Administrative Offenses, you can catch several fines at once on the go. Don't believe? You can now how many violations on your card!

LAW - a fine for a tachograph according to 11.23 of the Code of Administrative Offenses

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 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 Code of Administrative Offenses– Management vehicle or release on the line of a vehicle for the carriage of goods and (or) passengers without technical means control, violation by a person driving a vehicle for the carriage of goods and (or) passengers, the regime of work and rest.

Part 1, Article 11.23 of the Code of Administrative Offenses. Driving a vehicle or launching a vehicle for the carriage of goods and (or) passengers without a technical means of control that provides continuous, uncorrected recording of information about the speed and route of the vehicle, about the mode of work and rest of the driver of the vehicle (hereinafter referred to as 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 a non-working (blocked, modified or faulty) or with a tachograph that does not meet the established requirements, with the exception of the case of a breakdown of the tachograph after the vehicle has been put on the line, as well as with a violation established rules for the use of a tachograph (including blocking, correction, modification or falsification of information registered by it) - entails overlay administrative fines for citizens at the rate of ; on the officials - from five thousand to ten thousand rubles.

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

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

In order to thoroughly understand the scale of the tragedy, it is necessary to realize the difference!.. Therefore, let's take a closer look at what the fines for the tachograph are now.

Now - Without a Tachograph or with a Faulty Device

So, so far for missing or faulty device may bring the driver and the official to administrative responsibility. For example, a mechanic, director, chief engineer, in general, depends on who is responsible. Appointed, of course, by order of the enterprise.

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

In other words, to 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-compliance with the Work and Rest Schedule

There is a paradox here! Now only the driver can be punished for violating the regime of work and rest. 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 attract him. In addition, the demand from an individual entrepreneur or a legal entity is again zero! In general - "beauty"! And now, let's look at what awaits us in the near future.

New

So, July 18, 2019 was accepted State Duma and approved in the third, final reading, a bill that toughens penalties for 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 what's more, the document is even published in an official source " Russian newspaper”, No. 166, July 31, 2019. It's called like this: the federal law dated July 26, 2019 N 216-FZ “On Amendments to the Code of the Russian Federation on Administrative Offenses”.

Eventually, from November 01, 2019 year come into force a new penalty for the tachograph under Art. 11.23 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 offer a brief overview of innovations.

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

Changes:

For drivers 3-5 thousand rubles. However, we remind you that there used to be 1-3 thousand rubles. Almost doubled!
Now consider the option for officials- a fine for a tachograph under Part 1 of Art. 11.23 of the Code of Administrative Offenses will now be 7-10 thousand rubles. However, remember that there used to be 5-10 thousand rubles. The minimum size has increased by two thousand rubles, that is, they have not been tightened much.

New:

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

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

In addition:

In addition, in addition to fines, it provides for the possibility of suspension of activities for up to 90 days . And this is already very serious simple can turn out!

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It will become - Non-compliance with the Work and Rest Schedule under part 2

Changes:

Per driver from 1.5 thousand to 2 thousand rubles. However, we remind you that it used to be 1-3 thousand rubles. In other words, the minimum was raised by 500 rubles, and the maximum was reduced by 1,000 rubles.

New:

Now for officials- a fine for a tachograph under Part 2 of Art. 11.23 of the Code of Administrative Offenses will be from 7 thousand to 10 thousand rubles. However, let us recall - earlier to bring an official to administrative responsibility - it was impossible!
For IP- a fine for a tachograph under Part 2 of Art. 11.23 of the Code of Administrative Offenses will now be from 15 thousand to 25 thousand rubles. We recall - earlier to bring an individual entrepreneur to administrative responsibility - it was impossible too!
Well and for legal entities- a fine for a tachograph under Part 2 of Art. 11.23 of the Code of Administrative Offenses will now be from 20 thousand to 50 thousand rubles. Wasn't there before provided for such a possibility.

impressively, is not it? In general, the mode of work and rest is now REALLY very A big problem! Don't understand why? We tell…

Why is the tachograph fine now a BIG problem?

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

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

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

Why so many violations?

So, now let's tell you where the fine for the tachograph comes from 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 special knowledge and the lack of proper control by responsible persons enterprises.

Firstly. 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 cards and the calibration of the equipment flies. In addition, a very large part of the carriers are still deliberately using illegitimate tachographs.

Secondly. Approximately 90% of violations on driver cards are banal negligence! In other words, this is simply a misuse of the tachograph. It is rare that any of the drivers at least once read the instructions for the device. The buttons are pressed at random, 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 that there is no point in talking about “working on mistakes”. That is why the fine for the tachograph under Part 2 of Art. 11.23 of the Code of Administrative Offenses quickly appears and multiplies intensively on tachograph cards.

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Since the advent of digital tachographs, such equipment should be in the arsenal of every driver, as well as a set of screwdrivers, fuses and wrenches. In fact, it is a small helper for the driver card, it must be in Hard time will be useful to you and your colleagues!

What else to expect?

At first, there were a lot of indignations about the introduction of tachographs in the Russian Federation. However, the wave of indignation continues even now, because all the remaining types of vehicles are being planned 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 going with tachographs there now? Installed by everyone, even taxi drivers. The inspection is equipped with readers and control programs. Few people look at printouts anymore. It is enough just to take a card, read the data and all violations “on the face” can be sent to the printer. This is how it will be!

Active work has already begun and is being carried out to improve the qualifications of inspectors. Recommendations and explanations regularly come to the places on how to correctly write a fine for a tachograph under Parts 1 and Part 2 of Art. 11.23 Administrative Code. Increasingly, traffic police tenders for the purchase of electronic readers information for checking cards and tachographs. Consequently, the level of training of regulatory authorities 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 proved its high efficiency. 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?

Carefully read Order No. 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 make it possible to understand the causes of violations on the driver's card, and will also indicate what indicators should be strived for. Without studying order No. 15, start fighting 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 carried out such work at the enterprise, first of all, you need to make an initial analysis of the situation and assess the real scale of the tragedy. Subsequently, in order to understand where the work is moving, a 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 tachograph readings, there is only two options– manually from printouts or using .

Searching for failures in the modes of work and rest of drivers using tapes is a rather tedious and painstaking job. Really, of course, but difficult, especially at the initial stage. You will need to regularly make printouts, write out the values \u200b\u200bin a notebook or enter into spreadsheet and calculate scores. Also, a clear knowledge of laws, orders and skills in fluent reading of tachograph printout characters are required. However, there is no need to be afraid, at first it will be difficult, and then get used to it. All comes with experience! Minus this method is only that the probability of missing something important still remains. To master this issue, the following articles of our blog “” and ““ will be useful to you. Learn - this will allow you to avoid a fine for a tachograph under Art. 11.23 of the Code of Administrative Offenses in the future.

To significantly simplify the task, you can use 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, it is not necessary to be able to read printouts and learn the laws in this case - the computer itself will tell everything. In addition, the program will do it much faster, and most importantly, it will not miss anything. The bad news is that there are free services to do this kind of work. simply no! We suggest using, a detailed review can be found in the article ““. This is a professional service, and inexpensive, and most importantly - he has no equal!

GR.Cards solves the problem

One of the simplest and cheapest options is a service for decrypting data from a driver card. GR Cards. To work with violations of work and rest regimes for drivers, you will need the module “ LAW“. The cost of the service 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 in the program and learn how to upload information from cards. In the article "" we considered in detail possible ways, so we won't repeat it here.

After uploading the information to the service, you will immediately receive a detailed table with “errors” data individually for each driver. The program will indicate the period of the violation, display the norm of the order, the permissible and actual values of the indicators of the work and rest regimes of drivers. In addition, a detailed and understandable explanation for each item is provided. In general, there all to assess the situation and start troubleshooting! Recall that for each violation you can get a fine for the 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 should be compiled. After that, it is necessary to gather staff 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 on. In general, if such prophylaxis is carried out within 1-2 months, most of the violations will disappear! In addition, the staff must be interested. It is necessary to clearly explain what to get away from this issue will not work! For a modern driver extremely important know and be able to use the tachograph correctly! Otherwise - a fine for the tachograph under Part 2 of Art. 11.23 of the Code of Administrative Offenses and problems with any employer are guaranteed!..

nonsense

The daily practice of our work shows that most of the violations on the cards of drivers, about 90%, is by no means caused by the regime of work and rest, but by banal negligence! First of all, they simply do not use the tachograph correctly. They need to start paying more attention to the labels on the device, its signals and warnings. By the way, we considered 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 do the right thing, just show a list of current violations on their maps. In addition, it will be useful to calculate the cost payable for each employee if he brings “tomorrow” a fine for a tachograph according to part 2 Art. 11.23 Administrative Code. Moreover, count for each violation and total amount by driver, official and company. Checked - good stimulus!

Miscalculations Schedule - a fine for the tachograph according to 11.23 of the Code of Administrative Offenses

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 assemble a council of officials from the enterprise 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 records 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. Suppose 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 the work strictly according to the prescribed regime. So, the fines in Rostrud are much greater than in the traffic police and ROSTRANSNADZOR, and to be more precise, then "plus zero" to the amount of the traffic police decision! Be careful!

Periodic Prevention

As you know, it’s easy to take the bar, it’s much more difficult keep. We have no doubt that you will be able to deal with violations at the enterprise in a short time and bring 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 is necessary to conduct 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 of the Article - Penalty for the Tachograph according to 11.23 of the Code of Administrative Offenses

In conclusion, let's sum up some of the material and draw conclusions ... Today there are a lot of violations of work and rest regimes on the map any driver. For those who doubt, you can. The fines were rather big, but from November 1, 2019 significantly grow up and new ones will be added to jur. persons and IP. Paying will be very expensive!

To avoid trouble and not get a fine for a tachograph under Art. 11.23 of the Code of Administrative Offenses - you need to learn and control. The financial costs here are quite insignificant, we can say that they are practically non-existent. 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, and paid ones cost much more money! The cost of self-control in GR.Cards is equivalent to 2 liters of diesel fuel or 1 liter of a good foamy drink. Quite adequately, and taking into account the implemented functionality - it's a gift! We recommend trying the program not only for enterprises or individual entrepreneurs, but also hired drivers too! Learn to work with the tachograph correctly and, definitely, you will be able to avoid problems on the roads and with your guide. 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 the driver card. If you have a normal tachograph, then you can perform this procedure for free, you will certainly find a flash drive. If you can afford it, buy from us, we will arrange delivery. Then load the information into the program and analyze the errors. Be sure to make yourself a cheat sheet based on the data collected and try to use the tachograph correctly. In addition, conduct periodic re-control of violations. According to our practice, you will put things in order in 1-2 months.

You should know!..

It should also be taken into account 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 half passed. In other words, 1 month is enough for you not to create new violations, and we can say that “the danger has passed”. Which way to move. Ultimately, decide only to you!

Instead of an epilogue...

We hope that this material was useful or at least informative for you! Read

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 International Road Transportation and on Liability for Violating the Procedure for Their Implementation" (as amended and supplemented). The purpose of the norms established by the commented article is to prevent violations that encroach on security traffic life and health of citizens.

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

3. In accordance with Art. 8 of the Federal Law mentioned above, drivers of vehicles are required to comply with the regime of work and rest, due to 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 Russia, including members of 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, regarding the use of digital control devices to control 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 manufacturing driver cards for international road transport and approved their samples (see Order of the Ministry of Transport of Russia of October 20, 2009 N 180 // RG. 2010. March 17). It is stipulated that the vehicles must be equipped with control devices (tachographs) for recording 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 International Road Transport (approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1272 (as amended and supplemented)) establish that officials bodies of Rostransinspektsiya (now - Rostransnadzor) check control devices (tachographs), register the work and rest regime of drivers, fill out tachograms or, in established cases, keep drivers on daily registration sheets of the work and rest regime, and comply with this regime by drivers (subparagraph "e" of clause 9 Rules).

5. The article contains two elements of administrative offenses, the subject of which in both cases is the driver of a truck motor vehicle and bus driver international shipping. In the first case, administrative responsibility is provided for the absence of a control device (tachograph), as well as for driving a vehicle or bus with the tachograph turned off, the tachogram blank or without maintaining the appropriate control sheets.

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

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

Protocols on administrative offenses have the right to draw up officials of these bodies (part 1 of article 28.3).

Due to the fact that all stakeholders this issue is of interest in the context of Part 1 of Art. 11.23 of the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses of the Russian Federation, Koedks), namely: for what and who can be held liable in the field of the use of tachographs and who has the right to hold this accountable, we will try to analyze in detail the circumstances associated with each specific subject of legal relations provided for in this article of the Code of Administrative Offenses of the Russian Federation and other provisions of the Code.

For objectivity, here is the full version of this article:

Article 11.23. Driving a vehicle or releasing a vehicle for the carriage of goods and (or) passengers without a technical means of control, violation by a person driving a vehicle for the carriage of goods and (or) passengers, the regime of work and rest

1. Driving a vehicle or launching a vehicle for the carriage of goods and (or) passengers without a technical means of control 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 referred to as the tachograph ), if its installation on the vehicle is provided for by the legislation of the Russian Federation, as well as with a non-working (blocked, modified or faulty) or with a tachograph that does not meet the established requirements, except for the case of a breakdown of the tachograph after the vehicle has been put on the line, as well as in violation of the established rules for the use of a tachograph (including blocking, correction, modification or falsification of information registered by it) -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand roubles;

on officials - from five thousand to ten thousand roubles.

Based on the text of the article, it is clear that citizens and officials can be held accountable.

With citizens, everything is clear - these are road users (drivers).

For the definition concepts of officials who may be held administratively liable, the Code provides for the following (Article 2.4):

Heads and other employees of organizations, arbitration managers who have committed administrative offenses in connection with the performance of organizational and administrative or administrative and economic functions;

Persons carrying out entrepreneurial activity without formation of a legal entity who have committed administrative offenses, unless otherwise provided by this Code.

It is clear that the driver is responsible in his part, and the official in his.

In accordance with the provisions of the article under consideration of the Code of Administrative Offenses of the Russian Federation, DRIVER is responsible for driving a vehicle:

We consider it appropriate to comment on each individual item.

According to point 1.

Federal Law No. 196-FZ of December 10, 1995 “On Road Safety” (Law on Traffic Safety, paragraph 9, part 1, article 20) assigns the responsibility for equipping vehicles with tachographs to OWNERS (owners) of vehicles. Russian legislation, in terms of imposing obligations on equipping vehicles with tachographs, does not contain any provisions in relation to other persons.

Hence the conclusion that a citizen (driver) who is not the owner (owner) of the vehicle cannot be held responsible for the circumstances under consideration. At the same time, it should be noted that if these circumstances arose due to the actions of a citizen, for example, the driver removed the tachograph, then there is every reason to hold him accountable in accordance with the specified paragraph.

Anticipating the question related to the circumstances of driving the car by the owner (owner) of the vehicle, we answer that in this case it is possible to involve another subject - an official. If an authorized official draws up a protocol with the plot: drove a car .... , and indicates the driver as the subject of the offense, it can be argued that in this case, the initiation of an administrative offense case is illegal. More detailed information can be gleaned from the Resolution of the Supreme Court of the Russian Federation of September 1, 2017 N 34-AD17-3, a comment to which was given on our website:

According to point 2.

We will leave the first part of the paragraph under consideration without consideration, everything is clear on it. As for the second part of the paragraph, the presence of regulatory legal consolidation of the very Rules for the use of the tachograph becomes an essential circumstance here. Currently, in relation to the actions of the driver as these Rules, there is only one act - the order of the Ministry of Transport of Russia dated February 13, 2013 No. 36, in terms of paragraphs 9-12 of Appendix No. 3 to this order.

According to point 3.

This paragraph does not apply to a citizen (driver). The arguments for the foregoing are similar to those given in relation to paragraph 1.

In accordance with the provisions of Part 1 of Article 11.23 of the Code of Administrative Offenses of the Russian Federation, EXECUTIVE is responsible for line release vehicle for the carriage of goods and (or) passengers:

1. without a technical means of control that ensures continuous, uncorrectable recording of information about the speed and route of the vehicle, about the mode of work and rest of the driver of the vehicle (hereinafter referred to as the tachograph), if its installation on the vehicle is provided for by the legislation of the Russian Federation;

2. with a non-working (blocked, modified or faulty) tachograph, with the exception of the case of a breakdown of the tachograph after it was released onto the vehicle line, as well as in violation of the established rules for using the tachograph (including blocking, correcting, modifying or falsifying the information registered by it)

3. with a tachograph that does not meet the established requirements.

In this case, everything is somewhat more complicated, of course, for officials of authorized bodies, with the exception of cases when the driver is at the same time the owner (owner) of the vehicle, that is, can be considered as an official.

The difficulty for the authorized bodies lies in the fact that in the case of holding officials accountable, there is a significant list of conditions that must be observed in accordance with the Code of Administrative Offenses of the Russian Federation (identify the subject of the offense, collect evidence of the guilt of his actions, while observing the procedure for initiating and investigating administrative offense and much more). As a rule, in conditions where the possibly guilty person is at a considerable distance, when it is quite difficult to identify a specific person in respect of whom it is possible to initiate an administrative offense case (for example, the vehicle belongs to an organization where there is a person responsible for the release on line of cars, but the duties of this person provide for monitoring the implementation of the Basic Provisions (annex to the SDA), which regulate the only event in relation to the tachograph - the working condition, while there is no question of availability and compliance, in this case this person can no longer be the subject of an offence). A sufficient number of such circumstances can be cited. To everything else, add the inability of controlling officials to apply measures to ensure proceedings in cases of administrative offenses (Article 27.13 of the Code of Administrative Offenses of the Russian Federation, in the form of vehicle detention). All of the above leads to the fact that with a correct understanding of the responsible persons of organizations-owners of vehicles of the procedure for bringing them to justice under Article 11.23 of the Code of Administrative Offenses of the Russian Federation, these cases have no real prospects, and if they are initiated, then there is always a chance of their termination for one reason or another grounds, as an option - with the expiration of the investigation of cases of administrative offenses.

The procedure for initiating and considering cases of an administrative offense under Part 1 of Article 11.23 of the Code of Administrative Offenses of the Russian Federation (essential conditions)

Initiation of cases on an administrative offense (Chapter 28 of the Code of Administrative Offenses of the Russian Federation).

As a rule, initiation of cases under Article 11.23 of the Code of Administrative Offenses of the Russian Federation is carried out:

1. Officials of the traffic police with special ranks (inspectors of the traffic police of the traffic police);

2. Officials of the federal executive body exercising federal state transport supervision authorized to exercise federal state transport supervision (state transport inspectors).

Through the traffic police the initiation of a case is carried out by drawing up a protocol (Article 28.3).

Through Rostransnadzor the initiation of a case, as a rule, is carried out by issuing (formalizing) a decision on the case. In case of disagreement of the person brought to administrative responsibility with the issued decision, the official is obliged to draw up a protocol, attaching the issued decision to it (Article 28.6).

A prerequisite for drawing up a protocol (making a decision) is that these actions are carried out in the presence of the person against whom the case is being initiated (Article 28.2).

The protocol is drawn up immediately (at the place of detection of an administrative offense) (Article 28.5).

The protocol within 3 days is sent to the person authorized to consider the case (Article 28.8).

A person against whom a case has been initiated (a protocol has been drawn up) has the right to apply for consideration of the case at his place of residence (Article 29.5). Through the traffic police the traffic police inspector is not entitled to consider this application on the spot, it is considered by an official authorized to consider the case on the merits (these persons are indicated below), therefore there is no guarantee that the material will be sent to the driver’s place of residence. It is essential that the fact of making such a petition be reflected in the protocol. If the petition for consideration of the case at the place of residence is not satisfied, the authorized person must draw up his decision in the form of a decision to refuse to satisfy the petition, setting out the essential grounds, which can be appealed in the prescribed manner. Through Rostransnadzor the specified application is considered on the spot, since state transport inspectors are persons authorized to consider cases on the merits.

The person in respect of whom the case has been initiated (the protocol has been drawn up) must be notified of the place and time of the consideration of the case by registered mail with a return receipt, a summons with a return receipt, a telephone message or a telegram, by facsimile, or using other means of communication and delivery that provide fixing a notice or a call and its delivery to the addressee (Article 25.15).

Consideration of cases of an administrative offense (Chapter 29 of the Code of Administrative Offenses of the Russian Federation).

By general rule cases of administrative offenses are considered at the place where the offense was committed. At the request of the person in respect of whom proceedings are being conducted on the case of an administrative offense, the case may be considered at the place of residence this person(Article 29.5).

The persons authorized to consider cases of an administrative offense under Article 11.23 of the Code of Administrative Offenses of the Russian Federation are:

1. Through the traffic police : the head of the traffic police, his deputy, the head of the center for automated recording of administrative offenses in the field of traffic of the traffic police, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy (Article 23.3);

2. Through Rostransnadzor : head of the federal executive body exercising federal state transport supervision, his deputies, heads structural divisions of the federal executive body exercising federal state transport supervision, their deputies, heads of territorial bodies of the federal executive body exercising federal state transport supervision, their deputies, other officials of the federal executive body exercising federal state transport supervision authorized to exercise federal state transport supervision (state transport inspectors) (Article 23.36).

A case on an administrative offense is considered within 15 days from the moment the official authorized to consider the case receives a protocol on an administrative offense. This period, on the grounds set forth in the Code, may be extended by no more than 1 month (Article 29.6).

A case on an administrative offense is considered in the presence of the person against whom the case on an administrative offense is being conducted (Article 25.15, Article 29.7). If there is information about the proper notification of the person against whom the administrative offense case is being conducted, and in the absence of a petition from the said person to postpone the case, the case may be considered in his absence.

A copy of the decision on the case of an administrative offense is handed over against signature to an individual or legal representative individual, or the legal representative of the legal entity in respect of which it was issued, as well as to the victim at his request or sent to the indicated persons by registered mail by mail within three days from the date of issuance of the said decision (Article 29.11).

The decision in the case of an administrative offense under Article 11.23 of the Code of Administrative Offenses of the Russian Federation may be appealed to a higher authority, a higher official or to the district court at the place of consideration of the case (Article 30.1).

An appeal against a decision in a case concerning an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision. In case of missing the period provided for in this article, the specified period, at the request of the person filing the complaint, may be restored by the judge or official authorized to consider the complaint (Article 30.3).

A separate procedure for initiating and considering cases of an administrative offense.

As mentioned above, in accordance with Article 11.23 of the Code of Administrative Offenses of the Russian Federation, officials (heads of organizations and individual entrepreneurs in whose ownership (possession) are vehicles) are responsible for the offenses provided for in this article, as well as other officials of such organizations, in whose competence by virtue of official authority includes responsibility for the release of vehicles on the line). As a rule, these persons are absent at the time when employees of authorized state bodies reveal the relevant offenses provided for by the provisions of Part 1 of Article 11.23 of the Code of Administrative Offenses of the Russian Federation. In such cases, the Code allows for a separate procedure for initiating and considering a case on an administrative offense.

Let us assume that the authorized person government agency for some reason that no one understands, she very much desired to prosecute an official under part 1 of article 11.23 of the Code of Administrative Offenses of the Russian Federation. The subsequent procedure for initiating, conducting an investigation and considering a case in accordance with the Code is not entirely obvious, but in the totality of the norms, one way or another related, one can assume the following course of events, subject to the conditions provided for by the Code.

1. The collection and documentation of evidence of the presence of an event of an administrative offense by an employee will be left without comment, such actions will become an important part only at the final stage - the consideration of the case. Before it, there is still a lot that the employee needs to do and comply with.

2. The authorized person must establish specific person in respect of which an administrative case is initiated. The most obvious thing is the employee can obtain this information from the person driving the vehicle, as well as from the travel documentation, upon request from the Unified State Register of Legal Entities. At least in relation to this person, you need to know the full name, official position, mailing address. In the event that in the future the circumstances pointing to another official are clarified, the case will be subject to termination; it is impossible to change the person within the framework of initiating a case.

3. The authorized person must issue (draw up) a ruling on the initiation of a case (Article 28.1) in respect of a specific person, with a copy of the ruling sent to the address of the person against whom the case has been initiated within 24 hours.

4. Within the framework of the initiated case, the subsequent administrative investigation is carried out by the official who made the decision to initiate the case. It is allowed to conduct an investigation by another official of the same body, appointed by an official authorized to consider the case. An administrative investigation is carried out at the place where an administrative offense was discovered or committed.

Obviously, the traffic police inspector will not be able to conduct an administrative investigation on his own, he should stop other offenses in the field of road safety today and tomorrow. None of his leadership will make such sacrifices as suspension from his duties. Possible options are the administrative practice inspector of the unit or the state inspector of the technical supervision of the traffic police. In this case, no one will send these employees to conduct an administrative investigation at the location of the owner (possessor) of the vehicle - the alleged place of the offense, the limit of travel expenses in the police department is extremely limited. In this case, it is only permissible to use the provisions of Article 26.9 of the Code of Administrative Offenses of the Russian Federation, which provide for the possibility of sending requests to the relevant territorial authorities or an instruction to perform certain actions provided for by this Code to an official of the relevant territorial authority. Under certain circumstances, the above, of course, is possible to achieve the goals, but is quite problematic, at least for the reasons that the bodies to whom the request or instruction is sent have their own affairs and concerns. Again, a protocol on an administrative offense can be drawn up exclusively by the official who conducted the investigation, and only in the presence of the person against whom the case has been initiated, this condition, obviously, will be extremely problematic to comply with. With regard to the actions of officials of Rostransnadzor, the situation is similar.

5. The term for conducting an administrative investigation is one month from the moment the case was initiated. In exceptional cases, this period may be extended by no more than one month.

Taking into account the above, following the logic of the law, that the case does not end with an administrative investigation, based on its results, a protocol on an administrative offense should be drawn up based on the evidence collected in the prescribed manner, with the subsequent transfer of the case for consideration to an authorized person, organization of the direct consideration of the case in the prescribed manner and adjudication on it, it appears that in modern conditions It is LEGAL to initiate and bring the cases under consideration to their logical end, moreover, within the time period established by law, is an impossible and unpromising business.

The rights of persons against whom a case of an administrative offense has been initiated (considered).

The person in respect of whom proceedings are being conducted on the case of an administrative offense has the right to get acquainted with all the materials of the case, give explanations, present evidence, file petitions and challenges, use legal assistance of a defense counsel, as well as other procedural rights in accordance with this Code. The case of an administrative offense under Article 11.23 of the Code of Administrative Offenses of the Russian Federation is considered with the participation of the person in respect of whom proceedings are being conducted on the case of an administrative offense. In the absence of the said person, the case may be considered if there is evidence that the person was duly notified of the place and time of the consideration of the case, and if the person did not file a request to postpone the consideration of the case, or if such a request was left without satisfaction (Article 25.1).

In order to provide legal assistance to a person in respect of whom proceedings are being conducted on an administrative offense case, a defense counsel may participate in the proceedings on an administrative offense, and to provide legal assistance to the victim - a representative. A lawyer or other person is allowed to participate in the proceedings on an administrative offense as a defense counsel or representative. The powers of a lawyer are certified by a warrant issued by the relevant legal education. The powers of another person providing legal assistance shall be certified by a power of attorney drawn up in accordance with the law. The defense counsel and the representative are allowed to participate in the proceedings on the case of an administrative offense from the moment of initiation of the case on an administrative offense. A defense counsel and a representative admitted to participate in proceedings on a case of an administrative offense have the right to get acquainted with all the materials of the case, present evidence, file motions and challenges, participate in the consideration of the case, appeal against the application of measures to ensure the proceedings in the case, the decision on the case, use other procedural rights in accordance with this Code (Article 25.5).

Protection of the rights and legitimate interests of a legal entity in respect of which proceedings are being conducted on an administrative offense, or a legal entity that is a victim, is carried out by its legal representatives. The legal representatives of a legal entity in accordance with this Code are its head, as well as another person recognized in accordance with the law or founding documents body of a legal entity. The powers of the legal representative of a legal entity are confirmed by documents certifying his official position. The case of an administrative offense committed by a legal entity is considered with the participation of its legal representative or defense counsel. In the absence of these persons, the case may be considered if there is evidence that the persons were duly notified of the place and time of the consideration of the case, and if they did not submit a request to postpone the consideration of the case, or if such a request was left without satisfaction (Article 25.4).

Other significant circumstances that you should know and use in order to protect your rights and interests.

1. The provisions of Article 1.5 of the Code of Administrative Offenses of the Russian Federation:

A person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established.

A person in respect of whom proceedings are being conducted on a case of an administrative offense shall be considered innocent until his guilt is proved in the manner prescribed by this Code and established by a valid decision of the judge, body, official who considered the case.

A person brought to administrative responsibility is not required to prove his innocence. It is appropriate to note that the assistance of the persons against whom the case has been initiated in the collection of evidence in the case is not considered by law as extenuating circumstances. The above procedure for the operation of tachographs, in terms of the duties of drivers (Appendix No. 3 to the order of the Ministry of Transport of Russia dated February 13, 2013 No. 36), does not provide for any actions in relation to state supervisory authorities, the authorities controlling the implementation of the procedure in accordance with Appendix No. 5 to to the above order of the Ministry of Transport are transport companies and workshops. Therefore, one should not rush to assist in establishing the circumstances related to the confirmation or refutation of the events of an administrative offense under Part 1 of Article 11.23 of the Code of Administrative Offenses of the Russian Federation. These circumstances must be established and proved by authorized persons of state supervision bodies independently, and naturally, exclusively within the framework of the powers granted to them by law. For example, let an employee of the traffic police or Rostransnadzor independently prove the compliance / non-compliance of the tachograph with the requirements.

Irremovable doubts about the guilt of a person brought to administrative responsibility shall be interpreted in favor of this person.

2. The provisions of Article 26.2 of the Code of Administrative Offenses of the Russian Federation:

It is not allowed to use evidence in the case of an administrative offense if the said evidence was obtained in violation of the law.

In this part, the scope of powers of employees of state supervisory bodies, enshrined in the regulatory legal acts of the Russian Federation and the legal procedure for their implementation, is of significant importance. If, in one part or another, these employees, in the process of establishing the existence of an event of an administrative offense under Part 1 of Article 11.23 of the Code of Administrative Offenses of the Russian Federation, went beyond the powers granted, or performed actions not provided for by the Administrative Regulations, it can be argued that, within the framework of initiating and consideration of the case, inadmissible evidence was used, which may serve as a basis for the cancellation of the decision rendered in the case.

3. The provisions of Article 4.5 of the Code of Administrative Offenses of the Russian Federation.

A decision on a case on an administrative offense cannot be issued after two months(in a case on an administrative offense considered by a judge - after three months) from the day the offense was committed.

In the event of a continuing administrative offense, the time limits provided for by Part 1 of this Article begin to be calculated from the day the administrative offense is discovered.

Excerpt from the text of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5: .... A continuing administrative offense (action or inaction) is such an administrative offense (action or inaction) that is expressed in a long-term incessant non-fulfillment or improper fulfillment of duties stipulated by law. At the same time, it should be taken into account that such obligations may also be assigned by another regulatory legal act, as well as a legal act of a non-normative nature, for example, a presentation by a prosecutor, an order of a body (official) exercising state supervision (control). Failure to fulfill the obligation stipulated by the said legal acts by the established deadline indicates that the administrative offense is not lasting. At the same time, it must be borne in mind that the day when a continuing administrative offense is discovered is the day when the official authorized to draw up a protocol on an administrative offense revealed the fact of its commission.

(Name as amended, entered into force on November 15, 2014 by the 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 roubles; on officials - from five thousand to ten thousand roubles.

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 roubles.

The note is additionally included by Federal Law No. 193-FZ of July 23, 2013; invalidated from November 15, 2014 - Federal Law of October 14, 2014 N 307-FZ.

(Article as amended, entered into force on April 1, 2013 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 object of the offenses specified in the article are public relations in the field of ensuring traffic safety in transport.

The 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 International Road Transport and on Liability for Violating the Procedure for Their Implementation".

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

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

In accordance with Art. 8 of the Federal Law mentioned above, drivers of vehicles are required to comply with the regime of work and rest, due to 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 Russia, including members of the CIS). It is stipulated that the vehicles must be equipped with control devices (tachographs) for recording 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 Regulation on State Control over International Road Transport (approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1272) establishes that officials of the Rostransinspektsiya (now Rostransnadzor) bodies check control devices (tachographs), register the work and rest regime of drivers , filling out tachograms or, in established cases, maintaining daily registration sheets for the regime of work and rest by drivers, compliance by drivers with this regime (subparagraph "e", paragraph 9 of the Rules).

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

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

Another commentary on article 11.23 of the Code of Administrative Offenses of the Russian Federation

1. In accordance with 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 procedure for their implementation", international road transport means the transportation of goods or passengers by a vehicle outside the territory of the Russian Federation or to the territory of the Russian Federation, as well as the transportation of goods or passengers by a vehicle in transit through the territory of the Russian Federation. Such transportation includes the passage of a loaded or unloaded vehicle owned by a Russian carrier from the territory of the Russian Federation to the territory of a foreign state and back, or to the territory of the Russian Federation in transit through the territory of a foreign state, or from the territory of one foreign state to the territory of another foreign state in transit through the territory of the Russian Federation , as well as the passage of a loaded or unloaded vehicle belonging to a foreign carrier to the territory of the Russian Federation and back or in transit through the territory of the Russian Federation.

2. Drivers of vehicles, when carrying out international road transport on the territory of the Russian Federation, are obliged to comply with the work and rest regime established by the international agreement of the Russian Federation on the work of crews of vehicles engaged in international road transport.

On the territory of the Russian Federation, the requirements for the installation on vehicles and the use of control devices (tachographs) for recording the mode of work and rest of drivers of vehicles belonging to:

Russian carriers in the implementation of international road transport;

Foreign carriers - carriers of the states - participants of the European Agreement on the work of crews of vehicles engaged in international road transport;

Foreign carriers - carriers of states with which there are international treaties of the Russian Federation providing for compliance with these requirements.

Instead of using control devices (tachographs) for recording the mode of work and rest of vehicle drivers, it is allowed for drivers of vehicles belonging to foreign carriers to keep daily registration sheets of the mode of work and rest.

3. Installation and use on vehicles of Russian carriers of control devices (tachographs) for registering the mode of work and rest of vehicle drivers are not mandatory until January 1, 2005 in the implementation of international road transport in the territories of states that are not parties to the European Agreement on the work of vehicle crews vehicles engaged in international road transport, unless otherwise provided by an international treaty of the Russian Federation.

4. The subjects of the administrative offenses provided for in this article are the drivers of vehicles engaged in international road transport.

5. See note to paragraph 5 of the commentary to art. 5.1.

Cases of administrative offenses provided for in the commented article are considered:

The head of the State Automobile Inspectorate, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy - in accordance with paragraph 5 of part 2 of Art. 23.3 of the Code of Administrative Offenses;

The head of the Rostransinspektsii, as well as the officials of its branches, specified in Part 2 of Art. 23.36 of the Code of Administrative Offenses.

6. When interpreting the commented article, it should be borne in mind that the licensing of activities in the field of international road transport is carried out in accordance with the Federal Law "On State Control over International Road Transport and on Liability for Violating the Procedure for Their Implementation." Federal Law No. 128-FZ of August 8, 2001 "On Licensing certain types activities" does not apply to international road transport cargo and passengers.

1. Driving a vehicle without a tachograph if its installation on a vehicle is provided for by the legislation of the Russian Federation, or in violation of the requirements for the use of a tachograph established by regulatory legal acts of the Russian Federation, except for the case of a breakdown of the tachograph after the vehicle has been put on the line, or driving means belonging to a foreign carrier, without maintaining daily registration sheets of the regime of work and rest, applied in the cases established by the legislation of the Russian Federation, -

shall entail the imposition of an administrative fine on the driver in the amount of three thousand to five thousand roubles.

2. Release on the line of a vehicle without a tachograph if its installation on the vehicle is provided for by the legislation of the Russian Federation, or in violation of the requirements for the use of a tachograph established by regulatory legal acts of the Russian Federation, except for the case of a breakdown of the tachograph after the release of the vehicle on the line, -

shall entail the imposition of an administrative fine on officials in the amount of seven thousand to ten thousand roubles; for individual entrepreneurs - from fifteen thousand to twenty-five thousand rubles; for legal entities - from twenty thousand to fifty thousand roubles.

3. Non-observance of the norms of driving and rest time established by regulatory legal acts of the Russian Federation, or violation of the regime of work and rest of drivers established by regulatory legal acts of the Russian Federation in terms of driving time and rest time -

shall entail the imposition of an administrative fine on the driver in the amount of one thousand five hundred to two thousand roubles; on officials - from seven thousand to ten thousand rubles; for individual entrepreneurs - from fifteen thousand to twenty-five thousand rubles; for legal entities - from twenty thousand to fifty thousand roubles.

Note. For an administrative offense provided for by part 3 of this article, legal entities and officials are liable if this offense is committed as a result of the fact that they set the time for drivers to drive a vehicle and rest in non-compliance with the requirements of regulatory legal acts of the Russian Federation.