Article 11.23 part 1 of the Code of Administrative Offenses of the Russian Federation. Why the fine for the tachograph is now a big problem

22.05.2020

Article 11.23. Driving a vehicle or leaving a vehicle on the line without a tachograph, non-compliance with the norms of time for driving a vehicle and rest, or violating the regime of work and rest for drivers

1. Driving a vehicle without a tachograph if its installation on the vehicle is provided for by law Russian Federation, or in violation of the requirements for the use of the tachograph established by the regulatory legal acts of the Russian Federation, with the exception of the case of a breakdown of the tachograph after the release of the vehicle on the line, or driving a vehicle owned by a foreign carrier without maintaining daily registration sheets of the work and rest regime used in the established legislation Russian Federation cases -

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, -

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

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 the administrative offense provided for by part 3 of this article, legal entities and officials shall be 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 violation of the requirements of regulatory legal acts of the Russian Federation.

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.

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.

Comments to Art. 11.23 Administrative Code 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 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 Vehicle are obliged to comply with the regime of work and rest, 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 the states adjacent to 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 on road transport(Order dated 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 of the Rostransinspektsiya (now Rostransnadzor) bodies check control devices (tachographs ), registration of the regime of work and rest of drivers, filling out tachograms or, in the established cases, keeping by drivers daily registration sheets of the regime of work and rest, compliance by drivers with this regime (subparagraph "e" of clause 9 of the 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).

(Name as amended, entered into force on November 15, 2014 by the Federal Law of October 14, 2014 N 307-FZ.

1. Driving a vehicle or launching a vehicle for the carriage of goods and (or) passengers without technical means control that ensures 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), 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 defective) 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 released onto the line of the vehicle, as well as in violation of the established rules for using the tachograph (including blocking, correcting, modifying or falsifying the information registered by it) -
(Paragraph as amended, entered into force on November 15, 2014 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 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; expired on November 15, 2014 - the federal law dated 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.

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 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 Code of Administrative Offenses- Driving a vehicle or releasing a vehicle for the carriage of goods and (or) passengers without a technical means of control, violation by the person driving the 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 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 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 bring individual entrepreneurs to administrative responsibility earlier 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 A REALLY 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

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In the international transportation of goods and especially passengers, ensuring traffic safety comes to the fore. Not the last role in this is played by the driver's compliance with the regime of work and rest. As practice shows, its violations can have very sad consequences.

In recent years, this problem has received considerable attention at the state level. In particular, in Labor law a provision on the mode of work and rest of drivers is prescribed, which should be strictly observed. In addition, there is a special order of the Ministry of Transport, which also sets out the features of the regime for drivers carrying goods and / or passengers:

duration work shift at 5- and 6-day working week,
duration lunch break, rest between shifts and on weekends, etc.

Part two of Article 11.23 of the RF Code of Administrative Offenses provides for liability for non-compliance with officially fixed norms and requirements governing the mode of work and rest of drivers involved in the transportation of people and / or goods.

The object of the offense in this case is the road safety itself when performing transportation trucks or passenger buses, and subject – individual which carries out the international transportation of people or goods. At the same time, administrative responsibility penalties (from 1000 to 3000 rubles) can be applied both to citizens of the Russian Federation and to foreign drivers, regardless of whether the violation was committed intentionally or through negligence.

Such severity is explained by the fact that the consequences of non-compliance with the regime by the driver can be very dangerous. Violation of the norms of work and rest can cause physical fatigue and loss of concentration. This greatly increases the likelihood of an accident, which can threaten not only the life and health of the driver himself, but also the safety of passengers and other persons (for example, pedestrians or drivers of other vehicles).

Violation of paragraph 2 of Article 11.23 of the Code of Administrative Offenses may also cause significant material damage(damage to transport and transported goods, damage to the road surface or fences, etc.).

Another part of this article.