Obligation to install a tachograph in dump trucks Order 36. “Order 36 of the Ministry of Transport” or “Decree 720”, which tachograph to install

To date, vehicles that are involved in the organization of cargo and passenger traffic, must be equipped with special metering devices - tachographs. About how the use of tachographs today is regulated at the legislative level, and how it all began, we will tell in this article.

Prerequisites for the appearance of the order

European countries, together with the Russian Federation, have reached an agreement that the implementation labor activity and, above all, the rest regime of drivers who carry out cargo transportation at the interstate level should be taken under unified control. In accordance with this, a European agreement was concluded that regulates the work of car crews during international transport. The content of this document includes agreed standards, the control over compliance with which should be carried out fairly objectively and autonomously.

According to the adopted agreement, the participating States should regulate this issue at the national level by adopting the appropriate legal act, the provisions of which would not contradict the stipulated ones. This is how the 36th Order of the Ministry of Transport on the use of tachographs appeared.

The requirements of the Ministry of Transport for the installation of tachographs have extended not only to vehicles that are involved in the business of international transportation, but also to certain categories of vehicles operating on routes within the country.

From a technical point of view, the term "tachograph" is commonly understood as a metering device that regulates not only speed mode transport, but also the mode of activity of the entire crew, and also controls the parameters of fuel consumption and vehicle mileage for a certain work shift.

Cars must be equipped with tachographs, regardless of brand:

cargo, which transport mainly dangerous goods;
vehicles with a capacity of more than 8 passenger seats;
trucks who work for international lines, and also have a mass of more than 15 tons;
trucks, the mass of which varies from 3.5 to 15 tons.

The exception is passenger buses that follow intracity and suburban routes.

Important! This requirement does not apply to vehicles owned by private owners. This applies only to individual entrepreneurs and legal entities Oh.

The use of a tachograph is directly related to ensuring the fulfillment of the following parameters and tasks:

identification of the identity of the driver in order to prevent possible false accusations of an administrative nature regarding violations of the rules traffic;
determination of the exact time spent by the crew on the trip, as well as additional overtime hours, which should be reflected accordingly in the amount of wages;
regulation of the issue of work and rest of the crew and the normalization of the length of the working day;
control over indicators of fuel consumption, mileage and speed of transport;
minimizing vehicle failures and increasing the profitability of enterprises;
prevention of traffic accidents and reduction of the accident rate on the roads.

In addition, the tachograph contains certain service commands that help not only diagnose the movement system, but also manage it. According to the 36th Order, manufacturers of these metering devices must necessarily take into account and comply with the use of all necessary parameters, without fail certifying their products.

The content of the 36th Order of the Ministry of Transport in a summary

Order 36 of the Ministry of Transport of the Russian Federation dated February 13, 2013 contains requirements for the installation of metering devices on vehicles, which are reflected in the attached annexes. In addition, the terms and categories of vehicles that are subject to equipment with tachographs are established.

Important! According to the Order of the Ministry of Transport of the Russian Federation No. 348 “On Amendments to the Procedure for Equipping Vehicles with Tachographs, approved by Order of the Ministry of Transport of the Russian Federation of August 21, 2013 No. 273” of December 16, 2015, which entered into force, the period for the use of analog tachographs was postponed from January 1, 2018 to a year and a half earlier.

Thus, already today, the owners of vehicles that are involved in the transportation business had to replace analog tachographs to digital ones that meet the requirements of the Ministry of Transport, and make a driver card. According to the amendments, they had to do this before July 1, 2016.

In the first application of the order in question on the basic requirements for the tachograph, its configuration and equipment of the vehicle with additional modules that are necessary for correct operation device. The second part is devoted to the capabilities of the device in terms of functionality, the purpose of various modes of operation of the tachograph, and is also given detailed description rules for working with personal driver cards.

The third part contains requirements for cards, taking into account the following characteristics:

appearance and material of manufacture;
technical parameters of the card;
cryptographic protection and its methods.

In the fourth part of the first appendix, the requirements for the protection of information and certification of products are named. The second annex deals with the categories of vehicles that are to be equipped with tachographs. The rules for the operation of the tachograph and the obligations regarding all participants in the process are prescribed in the third appendix of the 36th Order.

Important! A driver or an organization that violates the requirements of the 36th Order of the Ministry of Transport, in accordance with the Administrative Code, may be held administratively liable.

In accordance with Art. 11.23 of the Code of Administrative Offenses of the Russian Federation, a fine in the amount of 1 to 3 thousand rubles is imposed on the driver who drove the vehicle specified in Order 36 without equipping it with a tachograph. Penalties of the same size entail the incorrect operation of the tachograph, as well as the introduction of deliberately false information into the meter.
If an administrative offense occurred through the fault of an official, the amount of the fine will be from 5 to 10 thousand rubles.

- control device installed on board vehicles. Designed to record the speed, mode of work, rest of drivers and crew members. In this article we will discuss truck law.

Order of the Ministry of Transport of August 21, 2013 No. 273, as amended by Order No. 348 of December 2, 2015 “On Approval of the Procedure for Equipping Vehicles with Tachographs” for truck owners is a law. On July 1, 2016, the tachograph must be installed on all trucks and passenger vehicles of the categories described below. At the same time, the use of analog control devices (the so-called "washer") is illegal from 1.07.16. A digital tachograph should be installed. The new provisions have already entered into force, so you should look into this issue in more detail. In the State Duma of Russia in 2014, an amendment was made to the law of the Code of Administrative Offenses of the Russian Federation, which establishes the administrative responsibility of the driver for the absence of a tachograph, as well as for failure to comply established norms work and rest

What types of vehicles are to be equipped with tachographs?

Appendix N 2 to the Order of the Ministry of Transport Russian Federation dated February 13, 2013 N 36 "On approval of the requirements for tachographs installed on vehicles, categories and types of vehicles equipped with tachographs, rules for the use, maintenance and control of the operation of tachographs installed on vehicles."

Tachographs are equipped with the following categories and types of vehicles put into circulation and in operation on the territory of the Russian Federation:

vehicles used for the carriage of passengers, having, in addition to the driver's seat, more than eight seats, the maximum mass of which does not exceed 5 tons (category M2);
vehicles used for the carriage of passengers, having, in addition to the driver's seat, more than eight seats, the maximum mass of which exceeds 5 tons (category M3);
means of transport intended for the carriage of goods maximum weight over 3.5 tons, but not more than 12 tons (category N2);
vehicles intended for the carriage of goods, having a maximum mass exceeding 12 tons (category N3)

With the exception of:

vehicles of category M2, M3, carrying out urban and suburban regular transportation in accordance with the Rules for the carriage of passengers and baggage by car and urban ground electric transport, approved by the Decree of the Government of the Russian Federation of February 14, 2009 N 112 1; 1 Collection of Legislation of the Russian Federation, 2009, N 9, Art. 1102; 2011, N 37, art. 5268.
vehicles approved for international road transport in accordance with the vehicle admission card for international road transport (Order of the Ministry of Transport of Russia dated June 16, 2014 N 158 "On approval of the forms of certificates and the card of admission to the vehicle for international road transport transportation" (registered by the Ministry of Justice of Russia on July 31, 2014, registration N 33370), equipped with control devices in accordance with the requirements
European Agreement Concerning the Work of Crews of Vehicles Producing International road transport(AETR, Geneva, July 1, 1970)1;1 Bulletin international treaties, 2009, No. 3.
passenger and cargo trolleybuses;
concrete pumps, concrete mixer trucks, asphalt distributors, truck cranes, ambulances medical care, tow trucks, fire trucks, vehicles for public utilities and road maintenance, vehicles for servicing oil and gas wells, vehicles for transporting cash proceeds and valuable goods, vehicles equipped with lifts with working platforms, medical complexes on the chassis of vehicles, mobile shops, buses for funeral services, house cars, armored vehicles, specialized vehicles (specially equipped milk trucks, livestock trucks, poultry, eggs, live fish, vehicles for transporting and applying mineral fertilizers), vehicles of categories N 2 and N 3 used by agricultural producers in the implementation of on-farm transportation (transportation within the boundaries of the municipal district on whose territory vehicles are registered, as well as municipal districts bordering it), special vehicles, mobile laboratories and workshops , mobile reportage television studios;
vehicles registered with military motor vehicle inspectorates or federal motor vehicle services executive power in which federal law provides military service;
vehicles of bodies carrying out operational-search activities;
vehicles registered by the authorities carrying out state supervision behind technical condition self-propelled vehicles and other types of equipment;
vehicles included in the list of types and categories of wheeled vehicles and chassis, from the year of manufacture of which 30 years or more have passed, which are not intended for commercial transportation of passengers and goods, have an original engine, body and frame (if any), have been preserved or restored to the original condition and in respect of which the disposal fee in accordance with Decree of the Government of the Russian Federation of December 26, 2013 N 1291 "On the disposal fee for wheeled vehicles and chassis and on amendments to certain acts of the Government of the Russian Federation" 2 is not paid;
2 Collection of Legislation of the Russian Federation, 2014, N 2 (part I), art. 115, No. 14, Art. 1646; 2015, N 47, art. 6592, No. 51 (part III), Art. 7338.
buses in operation with more than 20 seats and trucks with a gross weight of more than 15 tons, intended for long-distance and international transportation, equipped before November 8, 2013 in the manufacture of tachographs in accordance with the Decree of the Government of the Russian Federation of August 3, 1996 N 922 "On improving the safety of long-distance and international transportation of passengers and goods by road";
training vehicles used for driving instruction and driving license examinations, provided that they are not used for the commercial transport of passengers and goods;
vehicles undergoing road tests state standards and industry documents.

New tachographs for trucks and their installation

The owner of a heavy vehicle, who legally equipped the car with a tachograph before the Orders of the Ministry of Transport No. 273 and No. 36 came into force, must install a new device equipped with CIPF blocks before January 1, 2018. All new tachographs for trucks cars will be installed in several stages.

Tachograph with CIPF or AESTR block.

Choice tachograph SKZI or AESTR regulated by the Decree of the Government of the Russian Federation. The Decree approves the technical regulation of the customs union TR CU 018/2011. On the safety of wheeled vehicles. In accordance with the law, the owner of a vehicle to be fitted with a tachograph may equip commercial vehicles with any type of digital tachograph.

Next legislative act, regulates which tachograph must be selected to equip the vehicle:

Order of the Ministry of Transport No. 36 dated February 13, 2013 approves the requirements for tachographs that are installed on large-capacity vehicles. The order also defines the rules for the use, control and operation of metering devices installed on vehicles.

In accordance with the order of the Minister of Russia, it is necessary to install AETR models for international transportation. For transportation within the borders of the state, CIPF is established.

Penalty for not having a tachograph in 2017

Penalty for not having a tachograph charged only if it is provided for by the current legislation of the Russian Federation. The legislation provides for the imposition tachograph fine in a non-working condition, as well as violation by the driver of the maximum permitted working time.

The costs of installing a tachograph are offset by the social tax. What will be the fine for the tachograph- defines the legislation of the Russian Federation.

Legislative amendments: new fines in 2017.

Fine for not having a tachograph in 2017 becomes from 1,000 to 3,000 rubles for drivers, and up to 10,000 rubles for officials(Article 11.23 of the Code of Administrative Offenses). Also, since the beginning of 2015, in addition to imposing a fine, administrative liability has also been provided. Vehicles of category No. 2 (trucks with an average load capacity of 3.5 to 12 tons) can receive a fine of 2,000 rubles.

According to the statistics announced by the representatives of the traffic police, since the beginning of 2015, the employees of the State traffic inspectorate have established an average tachograph fine in the amount of 4000 rubles. Since the beginning of the new legislation, more than 100,000 cases of administrative violations related to driving a vehicle without a tachograph have been initiated.

Experts say the new tachograph law for trucks in 2017 will significantly increase safety on the roads of Russia. That will significantly reduce the accident rate on the road with the participation of trucks.

Legislation changes every day. For this reason, the information described in this article may be out of date. Follow the updates of the legislation of the Russian Federation on the relevant resources.

Will analog tachographs be “outlawed” from July 1?

According to the changes made to the Order of the Ministry of Transport No. 273, from July 1, 2016, owners of cargo vehicles must switch to digital tachographs. And it seems that this time the deadlines for the entry into force of the new norm of legislation will not be shifted. How prepared are carriers for innovation? And, in fact, what should they prepare for in connection with the onset of “Day X”? We spoke with experts whose views on the upcoming changes, to put it mildly, do not coincide.

Brief history

One of the most common causes of death on the roads is driver fatigue. And the most severe accidents are associated with the fatigue of professional drivers driving vehicles of categories N3 - weighing over 12 tons.

To solve this problem, since 2009, the Government of the Russian Federation has taken a number of measures, including those aimed at introducing control over the mode of work and rest of drivers:

In 2009, in accordance with the Decree of the Government of the Russian Federation of September 10, 2009, the introduction of a new type of tachograph began, the transition from analog to digital tachographs.

In 2010 - 2011, mass production of tachographs began within the framework of Decree 720 of the Government of the Russian Federation.

In 2013, additional requirements for tachographs were introduced in accordance with Order No. 36 of the Ministry of Transport under obligatory observance 720 Decrees of the Government of the Russian Federation. Introduced direct responsibility for the lack of a tachograph.

Regulation came into effect in 2015 Customs Union, with an approved transitional period until July 01, 2016.

Note that the order of the Ministry of Transport of the Russian Federation No. 36 “On approval of the procedure for equipping vehicles with tachographs” contains requirements for equipping buses and trucks engaged in commercial transportation with new generation tachographs using cryptographic information protection tools (CIPF).

It was assumed that the installation of tachographs would take place in several stages. From April 1, 2014, trucks carrying dangerous goods must be equipped with CIPF tachographs, from July 1, 2014 - buses and trucks weighing more than 15 tons, from September 1, 2014 - trucks weighing over 12 tons, from April 1, 2015 - trucks with a mass of 3.5 to 12 tons.

For vehicles already equipped with means for monitoring work and rest regimes, a mandatory period for equipping with new tachographs was provided - January 1, 2018.

However, then the installation time digital tachographs were rescheduled - and the "reference point" was July 1, 2016.

Are analog tachographs banned from July 1?

First of all, it must be noted that for carriers engaged in international transportation and for carriers engaged in exclusively domestic transportation, the requirements for tachographs from July 1 will be different.

For carriers engaged in international road transport, the requirements of the AETR agreement (International Agreement Concerning the Crews of Vehicles Carrying out the Transportation of Goods and Passengers) are mandatory. In this case, carriers must comply with the following regulations: TR CU 018/2011; AETR; 127 FZ; 195 FZ; 196 FZ; 197 FZ. Analog tachographs for international carriers are allowed.

For carriers engaged exclusively in domestic transportation, the requirements of the legislation of the Russian Federation are mandatory, which provide for a different type of tachograph that is not compatible with the AETR. The technical requirements for this type of tachograph are set out in the Order of the Ministry of Transport No. 36, and the equipment procedure is in the Order of the Ministry of Transport No. 273. In this case, carriers must comply with the following regulations: TR CU 018/2011; 195 FZ; 196 FZ; 197 FZ; Decree of the Government of the Russian Federation 1213; Orders of the Ministry of Transport No. 36, No. 273, No. 15, No. 348 (amending Order No. 273).

It is important to note that the operation of vehicles with analog tachographs for road carriers operating domestic flights is not prohibited and cannot be prohibited in accordance with applicable law, up to the disposal of the vehicle. Although some carriers believe that the operation of such vehicles will be prohibited from July 1. This is not true.

The source of the misunderstanding in this matter was the letter of the FBU Rosavtotrans dated February 10, 2016, which stated:

However, later, says Gennady Linnik, director of interaction with authorities state power and public organizations LLC "ATOL DRIVE", 29.02.2016 authors this letter posted on the website of Rosavtotrans an addition to the previous letter, in which they set out in detail legal basis equipping vehicles with tachographs. According to this letter, the ban on the operation of vehicles with analog tachographs is not introduced by order of the Ministry of Transport No. 348, however

For the lack of a technical means of monitoring compliance by drivers with driving, work and rest regimes that do not ensure the registration of information on tachograph cards made in the form plastic card with an electronic storage medium and complying with the requirements for tachographs installed on vehicles (Appendix N 1 to the order of the Ministry of Transport of Russia N 36), or the requirements of the AETR (hereinafter referred to as analog control devices) "on vehicles of categories N2, N3, M2, M3, performing domestic transportation from July 1, 2016, the sanction of article 11.23 of the Code of Administrative Offenses will be applied by employees of control and supervision bodies.

In other words, although the vehicles themselves, equipped with analog tachographs, are not subject to the ban, for the lack of digital tachographs with CIPF, trucking companies operating domestic carriers can be fined from July 1, ”concludes G. Linnik.

Tachograph as an object of technical regulation

No public authority has the right to demand the replacement of an analog tachograph if it has or had a certificate of conformity at the time of its production / installation that meets legal requirements, and therefore safe to operate, - says Maxim Sukhomlinov, Director service department GK Reliable contact.

The expert argues his point of view by referring to paragraph 65 of Table 4 of Appendix 1 of the Technical Regulations "On the safety of wheeled vehicles of the Customs Union" (TR CU 018/2011), which came into force on the territory of the Russian Federation on January 01, 2015.

Based on this document, the requirements of FZ-184 “On technical regulation”, in particular the procedure for confirming compliance with the current legislation. Based on Article 20 of Federal Law No. 184 "On Technical Regulation", confirmation of compliance lies in the certification procedure. The result of the procedure for confirming compliance with the current legislation is a certificate of conformity.

Since, on the basis of paragraph 65 of Appendix 10 of the Technical Regulation on the Safety of Wheeled Vehicles of the Customs Union (TR CU 018/2011), the tachograph is a component of the vehicle, it must comply with the requirements of the Technical Regulation on the Safety of Wheeled Vehicles of the Customs Union (TR CU 018/2011), which must be confirmed by the TR CU Certificate of Conformity. All certificates of compliance with the Technical Regulations on the safety of wheeled vehicles are subject to mandatory registration and are freely available on the website of Rosacreditation.

Thus, M. Sukhomlinov explains, in accordance with Part 1 of Article 54 of the Constitution of the Russian Federation: “The law establishing or aggravating liability does not have retroactive effect,” that is, all tachographs that have certificates of compliance with current legislation at the time of their production / installation, even after the expiration of the certificate itself, they remain “in the law”. The most common analog tachographs 1324 and 1318 have or have had a valid certificate of compliance with the Technical Regulations on the safety of wheeled vehicles. Moreover, these tachographs are included in the Register of Measuring Instruments, which allows them to carry out State verification, which in turn gives the legal significance of their testimony, and this, in accordance with Federal Law -102 "On ensuring the uniformity of measurements", allows such tachographs to participate in state control. Thus, as mentioned above, the Ministry of Transport of the Russian Federation does not prohibit the operation of vehicles with analog tachographs. The Ministry of Transport of the Russian Federation cannot, with its regulatory legal acts break the law, the expert concludes, this does not happen.

Therefore, M. Sukhomlinov insists, the Ministry of Transport simply recommends re-equipping only those vehicles with analog tachographs that have tachographs that do not have a certificate of conformity. Such tachographs include TGK-100, 1319, 1314, etc.

However, I would not recommend the owners of such tachographs to rush to replace such tachographs, - continues M. Sukhomlinov. - On October 16, 2015, the Government of the Russian Federation issued Decree No. 1108. It defines the executive authorities and their powers in the field of compliance with the requirements of the Technical Regulation "On the safety of wheeled vehicles of the Customs Union". We remind you that the tachograph is a component of the vehicle and therefore is within the scope of this Technical Regulation.

The body exercising control in the field of safety of wheeled vehicles in operation (and therefore their components) is now the Ministry of the Interior, in particular the traffic police. Thus, the Ministry of Transport of the Russian Federation cannot present mandatory requirements to vehicles in operation, as well as to their components, in particular tachographs. This fact is also confirmed by article 4, paragraph 3 of the Federal Law-184 On technical regulation:

It is important to pay attention to the following terminological subtlety, - continues M. Sukhomlinov. - Order of the Ministry of Transport No. 348 requires to equip with tachographs by July 1, 2016 those vehicles that have been installed not analog tachographs, but “analog control devices”. That is, tachographs that did not have and do not have a certificate of conformity with one of the Technical Regulations on the safety of wheeled vehicles.

Thus, analog tachographs, in principle, are not subject to mandatory replacement. No public authority has the right to demand the replacement of an analog tachograph if it has or had a certificate of compliance with the legal requirements in force at the time of its production / installation, and therefore safe to operate. Orders of the Ministry of Transport No. 36, 273, 348 are exclusively advisory in terms of technical requirements, - concludes M. Sukhomlinov.

Decision Arbitration Court Magadan region dated May 13, 2016

In support of his position, M. Sukhomlinov cites the decision of the Arbitration Court of the Magadan Region dated May 13, 2016 in the case between the UGADN of the Magadan Region and PJSC Magadanenergo about tachographs that do not meet the requirements of Order 36 of the Ministry of Transport on May 13, 2016:

This is the first of its kind, in which all legislation in the field of tachography was analyzed in detail. The court recognized that the presence of a cryptoprotection block in the tachograph is only advisory and not mandatory.

Indeed, Magadanenergo PJSC applied to the Arbitration Court of the Magadan Region with an application to invalidate paragraph 5 of the order of the State Road Supervision Authority for the Magadan Region Federal Service on supervision in the field of transport No. 01-16 / 47 dated 11/11/2015, which states that the company operates vehicles for the transport of goods and passengers equipped with Continental-VDO1381 tachographs that do not comply established requirements. To participate in the case as a third party, the company "Torgmontazh-Plus" LLC was involved, which carried out the installation of tachographs on the transport of PJSC "Magadanenergo".

As a result of the case, the claims of the applicant, the Public Joint Stock Company of Energy and Electrification Magadanenergo, were satisfied. The order of the Department of State Road Supervision for the Magadan Region of the Federal Service for Supervision in the Sphere of Transport No. 01-16 / 47 dated November 11, 2015 was declared invalid in part 5.

RF PP No. 1213 dated November 23, 2012, Orders of the RF Ministry of Transport No. 36 dated February 13, 2013 and No. 273 dated August 21, 2013, imposing requirements on tachographs, were recognized as having an exclusively advisory nature, including in terms of the presence of a cryptoprotection block in the tachograph CIPF.

However, G. Linnik draws attention to the following significant circumstance:

First of all, there is no contradiction with the Technical Regulations of the Customs Union "On the safety of wheeled vehicles" TR TS 018/2011, since the equipment procedure is established by the regulatory legal acts of the Russian Federation, the state considers the means of monitoring drivers' compliance with driving modes as one of essential elements ensuring road safety”. Here is an excerpt from TR TS 018 / 2011 p. 14: “The design of vehicles of categories M2 and M3, which carry out commercial transportation of passengers, and categories N2 and N3, which carry out commercial transportation of goods, are put into circulation, should provide for the possibility of equipping (regular installation sites, fastenings, power supply) technical means of monitoring the observance by drivers of the modes of movement, work and rest (tachographs). Equipment of vehicles with the specified equipment is carried out in the manner established by the regulatory legal acts of the states - members of the Customs Union. The requirements of this paragraph shall not apply to vehicles referred to in Article 2 of the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR).”

Order of the Ministry of Transport No. 36 was registered by the Ministry of Justice, and entered into force, - continues G. Linnik. - In accordance with Article 21 of the Code of Administrative Procedure of the Russian Federation, the norm of the order of the Ministry of Transport No. 36 can be challenged and declared illegal only by the Supreme Court of the Russian Federation. The decision of the Arbitration Court of the Magadan Region dated May 6, 2016 in case No. AZ7-66/2016 is not an assessment of the legality of Order No. 36 of the Ministry of Transport. Thus, only the Supreme Court of the Russian Federation can recognize Order No. 36 as inconsistent with the norms of the law. Part 3 of Article 4 of the Law on Technical Regulation directly provides for the possibility of issuing acts in the field of technical regulation by the federal executive authorities, that is, it is assumed that the requirements of technical regulations are not exhaustive and the requirements for products can be set out, among other things, in other acts. Manufacturers of tachographs with CIPF units received Certificates of compliance with the requirements of the Technical Regulations of the Customs Union "On the safety of wheeled vehicles" TR TS 018/2011. Thus, drivers and legal entities whose vehicles will not be equipped with the appropriate equipment by July 1, 2016 (and these are tachographs with CIPF for road carriers engaged in domestic transportation) can be fined from 1 to 3 thousand rubles for citizens and from 5 up to 10 thousand rubles for officials.

Final word from the experts

Maxim Sukhomlinov:

The Ministry of Transport, having presented technical requirements in its order No. 36 (the presence of a cryptoprotection block in the object of technical regulation in the tachograph), exceeded its authority. Powers in the field of technical regulation belong to the Ministry of Industry and Trade. In the Federal Law 184 "On Technical Regulation" in Chapter 4, paragraph 3, it is directly written - Executive authorities can issue regulations in the field of technical regulation only advisory nature. And the Ministry of Justice registers order No. 36 as mandatory.

As a result, over the past three years, transport workers have been equipping and re-equipping their cars with tachographs, with redundant, optional requirements, losing millions of rubles, which in no way affected road safety in general. So the result for today. According to FBU Rosavttrans, from 2013 to March 2016, a little less than 400,000 tachographs with CIPF were installed. According to the traffic police of the same period, the accident rate for the specified categories of transport has not decreased. Order of the Ministry of Transport No. 36 can only be advisory in nature, and, therefore, analog tachographs are not subject to mandatory replacement.

Gennady Linnik:

First of all, I note that the traffic police, on the contrary, declares that the accident rate has decreased for the specified categories of transport and calls for vehicles to be equipped with tachographs with CIPF individuals, according to which the statistics show an increase in the accident rate.

Our organization "ATOL DRIVE" has nothing to do with legislative activity, but nevertheless, we regularly take the opportunity to express our expert opinion, in particular through the portal for assessing the regulatory impact of regulatory legal acts. We ourselves carry out our activities strictly within the framework of Russian legislation, and besides, we call on all road carriers.

The tachograph control system in Russia is in the development stage, and relevant changes are being made to the regulations. The adoption of regulations is a difficult process and requires various approvals and examinations, in particular, the regulatory impact assessment procedure is carried out publicly, registration with the Ministry of Justice of Russia is the final phase and confirms that public authorities act within their powers.

A clear evidence of the authority of the Ministry of Transport of Russia in the field of the use of tachographs can be the history of the inclusion in the list of exceptions of vehicles of agricultural producers for on-farm needs, this issue was considered at all levels of government from the deputies of the subjects to the Government and the President of Russia, but the decision was made by amending the Order Ministry of Transport of the Russian Federation of February 13, 2013 N 36 (Order No. 16 of 03/02/2016).

The use of information from digital tachographs is becoming increasingly relevant, so, following the results of the State Council on March 14, 2016, Russian President Putin V.V. gave instructions to improve the road safety system, one of the points stipulates “b) to ensure the introduction of amendments to the legislation of the Russian Federation providing for:

Establishing the administrative responsibility of carriers ( individual entrepreneurs, legal entities, officials of organizations) for violation of the regime of work and rest of drivers during the transportation of passengers and goods"

another paragraph provides for “determining the procedure for using data obtained with the help of tachographs and other technical devices with measuring functions, performing in an uncorrectable form registration, storage and transmission of coordinates and parameters of the movement of vehicles via GLONASS signals, including for the purpose of fixing violations of traffic rules and bringing violators to administrative responsibility.

G. Linnik also drew attention to the fact that in State Duma a draft law on equipping vehicles owned by individuals with tachographs is being considered.

Contradictions in the legislation must be removed

Unfortunately, contradictions in the legislation lead to the presence of unscrupulous workshops on the market. According to the technical expert of the RusTakhoControl association Gennady Miroshin, who cites public organization“Movement without danger”, the problem of the presence of unscrupulous workshops on the tachography market can only be solved when the level of regulatory documents in this area is raised from departmental to federal:

“The preparation of the relevant federal law is already underway. After its adoption, the force of the law will be undeniable and many of the contradictions that we see in today's legislation will be removed. If, in the future, the calibration procedure is also spelled out in detail in the law and a unified data register of calibrated tachographs is created, then each machine, each workshop will be known and the issue of the existence of unscrupulous workshops will become a thing of the past.”

The development of communication technologies and means of space positioning GPS and GLONASS today make it possible to solve many applied problems. Among them is this important aspect like the safety of road transport.

Prerequisites for the emergence of Order 36 of the Ministry of Transport on tachographs

Several European countries, including Russia, have agreed to undertake obligations to control the work and rest regime of truck drivers who work on interstate lines. AETR (European agreement on the work of automobile crews in international transport) was adopted. This document details all the parameters that must be controlled independently and objectively. Each country party to the agreement was obliged to adopt a national legal act on the regulation of this sphere, which would not contradict the provisions of the AETR. So the 36th order of the Ministry of Transport on tachographs appeared.

The requirements for the installation of metering devices have extended not only to participants in international transportation, but also to certain categories of vehicles operating their routes within the state. According to the essence of Order 36, the tachograph is the device that, when installed on a car, is designed to provide constant and unbiased monitoring of compliance with the AETR requirements. At the same time, the inevitability of punishment for violations of the rules specified in it is guaranteed.

From a technical point of view, a tachograph is a device that controls and records a large number vehicle movement parameters, crew work mode, as well as positioning on the ground in order to prevent deviation from the route.

Here are just some of the parameters that are subject to control and fixation, available in the order for tachographs:

Schedule of working hours and rest of drivers.
Fixing manipulation attempts.
The path traveled by the car.
Fixing crashes and errors.
Movement speed.
Registration of all actions of drivers.
Warning about certain actions.
Protecting the integrity of the system and available information, as well as fixing attempts to violate it.

Among other things, the tachograph recognizes some service commands. Each instrument manufacturer must strictly comply with all parameters. Therefore, the device is subject to mandatory certification. The order on tachographs provides for various modes of operation of the device. The set of those parameters that are subject to control and fixation depends on the current mode.

The philosophy behind this whole tachograph thing is to exclude human factor from the entire motion control process. This allows you to completely eliminate the corruption component in the regulation of the transportation process.

Brief essence of order 36 of the Ministry of Transport on tachographs

Order of the Ministry of Transport No. 36 dated February 13, 2013 approves the requirements for control devices that are installed on cars. In addition, he lists the categories of vehicles to be equipped with this device and sets the deadlines for this.

The first appendix of the order on tachographs lists the basic requirements for the device. It describes the complete set of the device, as well as the conditions for equipping the car with additional modules required for the correct operation of the device. It also lists the requirements for personal cards and software products.

The second part lists the functionality of the device and the requirements for design features. These include a description of the operation of the device in various operating modes. This part describes in detail the rules for working with personal memory cards by all functionaries of the process, errors and warnings that appear on the monitor screen. Provides information about the messages generated by the device. In particular, about exceeding the allowable time of continuous movement.

The third part details the requirements for cards. taken into account following characteristics kart:

Appearance and material of the product.
Technical specifications.
Methods of cryptographic protection.

According to Order No. 36 on tachographs, there are 4 types of cards:

Driver's card.
Card for the controller.
Workshop map.
Card for the enterprise.

The fourth part of the first appendix describes the requirements of cryptography for the protection of information and the certification procedure.

Vehicles equipped with tachographs

The second appendix to the order on tachographs is devoted to listing the types of vehicles to be equipped with the device. In particular, these are:

Buses up to 5 tons with more than 8 passenger seats.
Buses over 5 tons.
Trucks from 3.5 to 12 tons.
Trucks over 12 tons.

The exception is buses used on intracity and suburban routes.

Rules for the operation of tachographs

Appendix No. 3 of Order 36 on tachographs regulates the rules for operating devices on the vehicle. They are registered for all four functionaries. The driver has the following responsibilities:

Each driver of the vehicle before leaving is obliged to insert his card into the device and identify it by entering a PIN code.
Enter into the device the type of activity and the location where it starts.
Remove the card from the device at the end of the day.
Submit the card to the authorities exercising control.
Print the required information.
When driving, do not remove the card from the device, keep it clean.
Do not use a damaged card.

The driver is prohibited from:

Drive a car without a tachograph or with a non-working device.
Use the device after the end of its service life or with an inoperative driver card.
Unauthorized destruction of data.

A detailed study of the order of the Ministry of Transport 36 on tachographs is today simply a necessity for all bus drivers and freight transport. A driver or an organization that violates his requirements is subject to administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation.

Tachograph - technical means control, which performs continuous recording of speed data, tracks the route of movement, time of work and rest, the driver of the vehicle. It consists of several modules: the device itself, a navigation map, a motion sensor, an amplifying antenna that receives a satellite signal. The device has a protective seal preventing access from the outside.

Legislative changes in 2017

Abs. 9 h. 1 tbsp. 20 of the Federal Law "On Road Safety" obliges all individual entrepreneurs and legal entities to equip cars used by them in commercial activities with tachographs.

The norms of the law on the installation of a tachograph on a truck 2017 come into force in several phases:

Until April 1, 2014 - tachographs must be installed on trucks weighing more than 3500 kg, transporting dangerous goods of category N2 and N3;
From 01.07.2014 - a fine for the lack of a control device will be imposed on bus drivers (M2 and M3), with more than 8 seats, with the exception of the passenger, as well as N3 trucks over 15 tons, plying on intercity routes. This will not affect buses operating urban and suburban regular flights;
Until 01.09.2014 - the tachograph must be installed on all N3 trucks with a mass of more than 15 tons and engaged in intercity transportation of non-dangerous goods;
Until 01.04.2015 - the control device must be on all N2 trucks carrying non-dangerous goods;
Until 01.01.2018 - the deadline for replacing old-style devices that included: AESTR tachographs installed in production before 04/01/2014 and AESTR tachographs mounted in service centers until March 11, 2014.

The list of vehicles that do not require the installation of such a device includes: mobile laboratories, agricultural vehicles, special equipment, funeral services vehicles, military vehicles and vehicles for operational-search activities, mobile homes, armored vehicles.

The installed tachograph must be used until the vehicle is scrapped.

The nuances of installing a tachograph

There are 2 types of control devices:

Tachograph of international standard (AETR);
Digital tachograph with a block of cryptoprotection of the CIPF;

The Order of the Ministry of Transport of the Russian Federation No. 237 of August 21, 2013, put an end to the disputes about the choice of the type of tachograph. Now everything is very clear:

For commercial transportation of goods within the country, a tachograph with a cryptoprotection block is used;
For commercial international transportation of goods, it is necessary to use AETR tachographs.

The only rule is that the device has a certificate confirming compliance with the Technical Regulations on the safety of wheeled vehicles.

Attention! The following information is presented for informational purposes, the risks arising from its use lie entirely with the person who decides to use it.

This regulation defines the mandatory characteristics of the tachograph and establishes requirements for its compliance legislative framework RF. This statement is based on the Federal Law "On Technical Regulation", which establishes Technical regulation , as mandatory , in relation to the objects of technical regulation. Such objects include the tachograph - which is a product and component of the car.

In turn, the same the federal law"On technical regulation", in paragraph 3 of Art. 4 establishes that any acts in the field of technical regulation issued federal executive authorities, are advisory in nature. Such acts include Orders of the Ministry of Transport No. 36 and 237, containing requirements for the mandatory presence of a CIPF block.

As a result, we get that the Technical Regulations do not establish the mandatory presence of a cryptographic information protection device in the tachograph, and the Orders of the Ministry of Transport are advisory in nature. Thus, the car owner himself decides which tachograph to choose for installation, but there is no guarantee that the legality of such an installation will not need to be proven in court.

Nevertheless, the most optimal solution would be to act within the framework of the current legislation of the Russian Federation and install the required devices, and for owners with outdated devices - closer to the beginning of 2018, change them to the corresponding models. On the this moment we are not talking about the abolition of tachographs, so it’s better when entrepreneurial activity complies with the established requirements.

Do not forget that the installation of a control tool is carried out only in service centers licensed by the FSB.

Missing tachograph? Pay the fine

For the absence of a tachograph on the car, as well as for its deliberate damage, leaving the line with a faulty device, falsifying the data provided by it and making various modifications, art. 11.23. Administrative Code RF implies a penalty:

For citizens - from 1 to 4 thousand rubles;
For officials - from 5 to 10 thousand rubles.

If the tachograph detects a violation of the driver's work regime, the fine will be from 1 to 3 thousand rubles.

The existing List of malfunctions in which it is forbidden to operate the car does not allow moving to vehicle with a faulty tachograph, if the fault has not already occurred on the line. Ignoring such a ban may result in the removal of the state license plate, and for trucks with dangerous goods - transportation to an impound lot.

How to get around the tachograph law 2017?

The “key” to the law is the expression “commercial transportation”, that is, if the owner of an N3 category truck uses it to go to the store for bread, then the installation of a tachograph is not required. The traffic police understands the law in the same way - if a private person uses transport for his own needs, the control device can not be installed. It turns out that the law on tachographs does not apply to trucks in 2017 for individuals. At least in this case.

But some significant nuances still cast doubt on the truth of the above statement. How can you characterize the concept of self-needs? How will it be determined whether the driver is traveling for his own needs or for commercial purposes?

If you are transporting building materials on your own truck in order to build a cottage for yourself, then this is one thing. It is quite another if you are registered as an individual entrepreneur, this dump truck is regularly used to transport cargo, for example, building materials for building a summer house for a neighbor, and the traffic police inspector stops you. In this case, you will prove to him that the cargo is yours, you will transport it to your home.

Over time, legislators will give answers to all questions, but for now, it remains only to hope for a “maybe” or humbly comply with legislative requirements.