Fine for the absence and incorrect use of a tachograph in 2022

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A tachograph is a special device necessary to monitor compliance with the work and rest schedule. The device is installed on trucks with a maximum permissible weight of over 3.5 tons, and buses. Moreover, the responsibility for installing a tachograph in 2022 is assigned not only to legal entities, but also to individuals.

The next adjustments were made by the adoption of Decree of the Government of the Russian Federation No. 1998 of December 3, 2022. It expanded the list of vehicles on which a tachograph must be installed. It was assumed that the requirements of the regulatory legal act will come into force on January 1, 2021. However, the document was adjusted again, and the implementation dates of the changes were postponed. As a result, the list of vehicles on which tachographs need to be installed has expanded only from January 1, 2022.

Attention

If installing a tachograph on a car is mandatory, but the car owner neglects to use the device, they may be fined for the tachograph. The size of the penalty varies significantly depending on the status of the offender.

Who should drive with a tachograph in 2022?

The list of cars that must be equipped with a tachograph is regulated by Russian Government Decree No. 1998 of December 3, 2022. Additionally, Appendix No. 2 of Order No. 440 of the Ministry of Transport of the Russian Federation dated December 28, 2022 is taken into account. A fine for a tachograph in 2022 will be imposed for failure to install the device on cars of the following categories:

1. M2 – vehicles that are designed to carry passengers and have more than 8 seats in addition to the driver’s seat. The maximum weight of vehicles in this category does not exceed 5 tons.
2. M3 - vehicles that are used to transport passengers, and their maximum weight exceeds 5 tons. Cars in this category also have over 8 seats.
3. N2 – freight transport, the weight of which is 3.5-12 tons.
4. N3 – freight transport with a weight of over 12 tons.

Both individuals and legal entities are required to install a tachograph in 2022. This requirement follows from the provisions of Art. 20 Federal Law No. 196 of December 10, 1995. Individuals are mentioned in paragraph 3 of the above normative act. It states that citizens operating buses and trucks weighing more than 3.5 tons are required to observe work and rest schedules, as well as equip the vehicle with a tachograph.

Additionally, individuals are mentioned in paragraph 1 of Order No. 440 of the Ministry of Transport of the Russian Federation dated October 28, 2022. The provisions of the above standards make it possible to understand when it is necessary to equip a car with a tachograph.

When analyzing the above provisions, it seems that individuals are required to equip all category C cars and category D buses with a tachograph. However, category C is more extensive. It includes all trucks with a permissible maximum weight exceeding 3,500 kilograms, including vehicles with a CMU (manipulator). For a car with a CMU (manipulator), in the registration certificate, in the “vehicle type” column, there is no value “truck”. Instead, the phrase “manipulator crane” is indicated. Therefore, such a vehicle is not a truck, although it belongs to category C, and a citizen will not receive a fine for not having a tachograph on the manipulator. Installation of a tachograph is mandatory if a legal entity owns a car with a CMU.

Example

Both individuals and legal entities are required to install tachographs on category C dump trucks. A similar rule applies when it comes to cargo vans and flatbed trucks. But individuals are not required to install tachographs on manipulators. This requirement applies only to legal entities.

Example

If a large family owns a bus, installation of the device is necessary. But on a Gazelle cargo truck, the maximum permitted weight of which is less than 3.5 tons, there is no need to install the device, even if the vehicle is owned by a legal entity.

Who does not need a tachograph, clarification of the law 2022

Since the beginning of 2022, new requirements for equipping passenger buses and heavy vehicles with tachographs have come into force, raising many questions among road transport market participants. Most often, vehicle owners are interested in whether it is necessary to change the existing digital device and whether a European-style tachograph can be replaced?

We’ll tell you in more detail who will be affected by the changes, how much it will cost to install a control tool, and what the latest news is talking about.

What cars do not need to install devices on?

Appendix No. 2 to Order No. 440 of the Ministry of Transport of the Russian Federation dated October 28, 2020 lists vehicles on which tachographs do not need to be installed. This category includes cars that will not face a fine for a tachograph in 2022:

• used to pass road tests in accordance with industry documents and current state standards;
• used by government agencies carrying out operational investigative activities;
• are designed to transport cargo and passengers within the organization, and the vehicles do not travel outside its territory;
• were produced over 50 years ago and are not used for commercial transportation;
• belong to government agencies that provide for military service;
• registered by stations that monitor the condition of self-propelled vehicles and equipment;
• used for driving lessons or passing a test, but only if the car is not used commercially;
• belong to the police, emergency services;
• used for emergency medical services;
• used for servicing roads, oil and gas wells, transporting valuable cargo and cash proceeds, animals;
• belong to agricultural producers if economic transportation is carried out;
• approved for international transportation in accordance with the access card.

For your information
, it is noteworthy that the above categories of cars may not be equipped only if the car belongs to individual entrepreneurs and legal entities. If for any reason a specialized car is owned by an individual, he will have to install a tachograph. For example, a vehicle intended for transporting horses, owned by a citizen who is not registered as an individual entrepreneur, must be equipped with a tachograph. Failure to install a tachograph in 2022 will result in a fine.

When should a private person install a recorder?

There are certain situations in which a flight recorder must be purchased and installed on your own cargo vehicle. Situations in which it is also necessary to do this:

1. If the driver of a tractor and truck is employed in a modern transport organization, however, he carries out cargo transportation on a personal truck.
2. If the driver has entered into an agreement to transport various goods along a predetermined route.
3. If a person works in a commercial organization that transports goods that are larger in size than the transport itself, and also characterized by the presence of hazardous substances or products.

Fine for driving without a tachograph for individuals in 2022

If a car requires a tachograph to be installed in 2022 and it is not installed by an individual, the violation will be imposed on the driver first. The fine will range from 3,000 to 5,000 rubles (Article 11.23 of the Code of Administrative Offenses of the Russian Federation). The exception is situations when the device breaks down after the vehicle has been released onto the line.

Persons responsible for releasing a vehicle without a tachograph may be held accountable. The amount of the monetary penalty in 2022 will be:

• 7000-10000 rubles for officials;
• 15,000-25,000 rubles for individual entrepreneurs;
• 20,000-50,000 rubles for legal entities.

IMPORTANT
If a tachograph is installed, strict control of work and rest hours is carried out. This is necessary to minimize the risk of accidents. So, it is permissible to drive no more than 10 hours during the day. Every 5 hours you need to take a break. Its duration must be at least 45 minutes. If these rules are not followed, the driver will be fined for a tachograph in the amount of 1500-2000 rubles.

Officials, legal entities and individual entrepreneurs may also be held liable. It arises if it is determined that the violation was committed because the company has established driving requirements that violate the law. As a result, the fine for a tachograph in 2022 will be:

• 7000-10000 rubles for officials;
• 15,000-25,000 rubles for individual entrepreneurs;
• 20,000-50,000 rubles for legal entities.

Installation delays and deadlines

When purchasing vehicles of categories N2/N3 and M2/M3, tachographs must already be installed. But if a citizen or organization purchased a truck that does not have a device, then operation of such a vehicle is possible only after installing the device.

When releasing a vehicle without a tracking system, several fines will be issued to the person, since the appearance of such trucks for work is prohibited by the legislation of the Russian Federation.

Penalties will be directed not only at the driver, but also at the officials who allowed the car to enter the route without the device.

The legislation determined more lenient penalties for those who use outdated tachographs installed before April 2014.

But from the beginning of 2022, all outdated tachographs must be replaced with modern devices with cryptographic protection:

1. If the car will be used only in Russia, then a CIPF is required.
2. If the car will be used on international flights, then the AETR is required.

CIPF is a means of cryptographic information protection. The production and licensing of such modules is controlled by the Federal Security Service of the Russian Federation.

It is necessary to prevent editing of existing information. The block looks like a housing element with technical outputs and connectors.

Penalties for driving with someone else's card in the tachograph

Driving with someone else's card in the tachograph is strictly prohibited. The violation falls under Article 11.23 of the Code of Administrative Offenses of the Russian Federation. It states that a penalty will be imposed if the vehicle is driven in violation of the use of the above device. In turn, paragraph 5 of Appendix No. 3 to Order No. 440 of the Ministry of Transport of the Russian Federation dated October 28, 2022 states that the driver is provided with only one card. In accordance with paragraph 11, a person is obliged to insert it into the device and indicate the PIN code before starting to move, and then remove the slot tool when he stops moving. Accordingly, you cannot drive a car with someone else’s card.

Attention

In accordance with the provisions of Article 11.23 of the Code of Administrative Offenses of the Russian Federation, a fine for such a violation will be imposed on the driver in 2022. The amount of the penalty will be from 3,000 to 5,000 rubles. The exact size is determined individually. Usually, for the first violation, the minimum fine for the tachograph is established. If it is allowed again, the amount of the penalty will increase.

Installation Rules

The installation process is possible only in technical centers that have permits from the FSB.

Illegal installation of a tachograph is prohibited; such a device will not be valid, and accordingly, the data recorded by it will not have legal force.

Algorithm for installing the control device:

1. Analysis of existing control and measuring equipment installed on the vehicle. If the car has an analog speedometer, then it must be replaced. In some cases, it is necessary to install an additional speed sensor that can work correctly with the tachograph.
2. Next, a suitable control device is selected that can be installed on the dashboard. Wires are laid from the device to connect to the ignition system.
3. Configuring and adapting the installed system, which consists of calibrating the device and activating it. After these steps, the equipment should work correctly with all truck systems.
4. Putting the vehicle into operation.
   Along with the car, the client is given documentation confirming the legal installation of the tachograph. Calibration is the adjustment of measurement coefficients to match those of the vehicle. The reference situation is when the device has been calibrated to an acceptable error.

For information about the Mercury TA-001 tachograph, see the article: Mercury TA-001 tachograph.

Company card for tachograph, read about it here.

Payment of the penalty

If a citizen is faced with a fine for driving without a tachograph and for violating the regime of its use in 2022, it is necessary to timely deposit funds into the state treasury. Article 32.2 of the Code of Administrative Offenses of the Russian Federation states that the amount must be provided within 60 days from the date of entry into force of the resolution. The exception is situations where a person has been granted a deferment or installment plan. Violation of the deadline is fraught with the imposition of sanctions in the form of penalties. For the convenience of citizens, there are several ways to pay with the state. You can provide the amount of the tachograph fine in 2022:

1. In online mode. Typically, the State Services portal is used to transfer funds. Additionally, fines can be paid through online payment systems. For example, such a service is provided by the Yumani system. This payment method allows you to pay the government without leaving your home. Additionally, you may not coordinate your schedule with the organization’s operating hours. Deposits can be made around the clock.
2. Through Sberbank. To deposit funds, you must have a decree on hand or at least know the number of the decree on the fine for the tachograph. You will need the data specified in it. Payment can be made online or during a personal visit to the organization’s office.
3. Through a bank or other financial institution that accepts payments. To deposit funds, you need to know the details. Payment can be made in cash or by bank transfer.

When paying a fine for a tachograph in 2022, we recommend using the State Services portal. This is the official system of government agencies of the Russian Federation, designed to reduce the burden on authorities. It greatly simplifies interaction with them. To use the system's capabilities, you must perform the following steps:

1. Log in to the portal. To do this, you need to go to the official website of the State Service, click on the “login” button, specify your login and password. If the record does not exist, you must first create it. To do this, you need to click on the “register” button, fill out the online form, indicating information for prompt communication, personal information and email address. The account needs to be verified. Since the State Services portal provides access to a large number of opportunities available only to the citizen himself, the process of confirming an account is complicated. The procedure can be carried out through Sberbank, by personally contacting the MFC, using the capabilities of the Russian Post. When confirmation is completed, the citizen becomes a full user of the State portal class=”aligncenter” width=”941″ height=”372″[/img]
2. Click on the “all services” item and find “traffic police fines” in the list. A page with a description will open in front of the client.

3. Click on the “check” button. The system will perform a search and display unpaid tachograph fines. They can all be paid through the portal. As a result, you will be able to save significant time.

Is there a discount on paying a fine for driving without a tachograph in 2022?

The possibility of obtaining a discount on paying a fine for driving without a tachograph is regulated by Article 32.2 of the Code of Administrative Offenses of the Russian Federation. It states that the amount of the monetary penalty can be halved if funds are provided within 20 days from the date of the decision. If the document was sent by registered mail and it arrived after the established period had expired, the period can be restored. To do this, you need to prepare a petition and send it to the official who made the decision, a judge or the appropriate authority.

IMPORTANT

Additionally, the regulatory legal act lists a list of articles that are an exception and do not allow reducing the amount of a monetary penalty. Article 11.23 of the Administrative Code, in accordance with which a fine is imposed for the absence of a tachograph or its incorrect use, is not included in the above list. This means that in 2022 you can get a discount if you deposit funds within 20 days.

Tachograph: regulatory documents of the Customs Union

Interstate regulations also require the installation of a tachograph. The device must comply with the regulations “On the safety of wheeled vehicles”. The Customs Union adopted it in 2011. Requirements established by the legal document:

• the device must have a certificate confirming its electromagnetic compatibility with vehicle components, that is, issued in accordance with the UNECE rules or GOST Z 41. 10-99;
• after calibration, a plate with information about the organization that installed it, some technical characteristics of the car, and a license plate must be attached to the car;
• The tachograph connectors, speed sensor, and GLONAS antenna are sealed with the mark of the workshop that performed the calibration.

Detailed requirements for tachographs are specified in Appendix No. 10 of the legal document.

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

The legislation clearly indicates situations when the installation of a tachograph is mandatory. In accordance with Decree of the Government of the Russian Federation No. 1998 of December 3, 2022 and Order of the Ministry of Transport of the Russian Federation No. 440 of December 28, 2022, the device must be installed on trucks weighing over 3.5 tons, as well as vehicles intended for transporting passengers, if the number of seats, excluding the driver’s seat, exceeds 8. However, the law does not indicate that exceptions are provided, and driving without a tachograph card for personal purposes is permissible. If there is no tachograph, and this fact is revealed during an inspection by a traffic police inspector, the violator will be fined under Art. 11.23 Code of Administrative Offenses of the Russian Federation.

Types

There are two types of tachographs: round ones, installed in the speedometer socket, and radio format devices, which are installed in the place for the car radio. There are digital and electronic-mechanical tachographs (analog) tachographs. Analogue devices are currently prohibited in Russia because they are not equipped with cryptographic protection. Digital devices record all data via built-in memory. The information received is reliably protected from unauthorized access, and it is almost impossible to deceive such a device. Access to the memory of a digital tachograph can only be obtained using special cards: the driver’s personal card, the card of the workshop where the tachograph is serviced, the inspector’s card, the transport company card.

Appeal

If a tachograph fine was imposed incorrectly in 2022, it can be appealed. Most often, the situation arises if the device becomes unusable during a flight. In this situation, it is necessary to manually enter data on the speed limit, stops and periods of heavy driving for each of the persons driving the vehicle. Data can be recorded on paper or noted in other ways. As a result, it will be possible to ensure the necessary control and minimize the risk of a fine. Before the next trip, the tachograph must be replaced.

If the inspector nevertheless imposed a penalty for the tachograph, it is necessary to carry out the procedure for appealing the fine, guided by the provisions of Chapter 30 of the Code of Administrative Offenses of the Russian Federation. The citizen will have to:

1. Prepare a package of documents and make an application. The list must include documents confirming the serviceability of the device upon departure, tachograph records before the breakdown and independent recording of driving, rest and work modes after the device broke down.
2. Contact the traffic police department and send a complaint to the manager. He is obliged to consider the citizen’s appeal.
3. Wait for the decision to be made. If it is positive, the penalty will be cancelled. Otherwise, the head of the traffic police is obliged to justify the verdict in writing.
4. Contact the prosecutor's office if the request to cancel the fine is unlawful. Representatives of the authority will also consider the appeal. The process will be carried out taking into account the provisions of Article 12 of Federal Law No. 59 of May 2, 2006. The answer will be given within 30 days.
5. Go to court if the prosecutor’s office also refused to appeal the tachograph fine. To do this, you will have to prepare a statement of claim and a package of documents, taking into account the provisions of Article 131-132 of the Code of Civil Procedure of the Russian Federation.

To quickly prepare an application, it is better to use a ready-made sample. You can download the document here.

Penalty for driving without a tachograph in the EU

In the European Union countries, they pay the utmost attention to security issues. Therefore, its member states have fairly strict driving time requirements. It should not exceed 8 hours. In exceptional cases, the indicator can be increased to 9-10 hours, but only if there are compelling reasons. Such an excess should occur no more than twice a week.

Requirements for breaks have been established. They need to be done at least once every 4 hours. The duration of the break cannot be less than 45 minutes. This time is not taken into account in the total amount of rest during the day. In total, the driver must rest at least 11 hours per day.

A person must have at least one day off per week. It must be paid for.

The person driving the car is obliged to monitor the condition of the tachograph. If violations of its performance are detected, a fine may be imposed. Cases of driving without a tachograph in EU countries are extremely rare. This is due to large fines and the equipment of police officers. Its representative can easily check the functionality of the tachograph when stopping the car. If a violation is detected, the driver will be fined. The amount of monetary penalties may vary significantly depending on the state.

Amount of fines associated with violation of the use of a tachograph (in euros)

The amount of penalties is quite large compared to the 2022 tachograph fines that apply in Russia. Therefore, drivers involved in international transport carefully monitor the condition of the tachograph and carry out timely measurements on the devices.

How to pay and the consequences of failure to pay a fine in the EU?

The specifics of making payments in the EU are affected by the situation. If you have a receipt on hand, you can deposit funds at a bank branch. Additionally, you can get a significant discount if you make a payment within 1-2 weeks. But delaying the calculation is highly discouraged. The situation is fraught with penalties.

For your information

If for some reason the order was not issued, the offender may receive a letter. The further procedure depends on the rules of the country. For example, in Switzerland letters are sent in such a way that they easily reach the offender who has returned to Russia. But in Finland, a driver can be detained right at the border and forced to provide money. This is due to the fact that letters are often lost, and collecting the amount from a foreign citizen is quite problematic.

It is better not to accumulate fines and complete the calculation in a timely manner. If you do not deposit funds, you may later encounter difficulties in the process of applying for Schengen.

Nuances

To avoid monetary penalties in 2022, you need not only to install the device and monitor its performance, but also to check the device in a timely manner. A tachograph is accepted for use only if the following requirements are met:

• there are no traces of physical impact on the filling;
• there is a device that allows you to control speed limits;
• a navigator connected to the GLONASS and GPS systems is installed;
• there are no scratches, dents or defects on the device itself that could indicate an attempt to physically influence the tachometer;
• the product body is intact;
• The driver has a card chip that only he uses.

Such requirements arise from the provisions of Order No. 440 of the Ministry of Transport of the Russian Federation dated October 28, 2022. If the device does not meet the requirements, this may result in the imposition of fines for the tachograph under Article 11.23 of the Code of Administrative Offenses of the Russian Federation. Therefore, you need to monitor the condition of the tachometer and change it in a timely manner.

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Features of use

Tachographs today are very popular devices. Of course, they will not protect you from a drunk driver, but they can save you from a number of fraudulent actions on his part (for example, draining gasoline) and speeding.

Today, many transport companies are trying to acquire these devices, understanding the effectiveness and prospects of the direction in relation to possible cost reduction.

How can you save money?

It is possible to reduce the cost of fines for speeding, prevent the driver from “draining” fuel for further sale, and make it impossible to twist the odometer and correct a number of other data.

Don't forget about the ability to take into account average speed and distance, which can be very useful for planning future trips.