Koap 11.23 h 1 comment. Violation of the regime of work and rest by the driver of a vehicle for the transport of goods and (or) passengers. Ulyanovsk Regional Court

The text of Article 11.23 of the Code of Administrative Offenses of the Russian Federation in a new edition.

(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 release on the line vehicle for the transportation of goods and (or) passengers without a technical means of control that provides continuous, uncorrected registration of information about the speed and route of the vehicle, about the mode of work and rest of the driver of the vehicle (hereinafter referred to as the tachograph), if its installation on the vehicle provided for by law Russian Federation, as well as with a non-working (blocked, modified or faulty) or with an inappropriate established requirements tachograph, with the exception of the case of a breakdown of the tachograph after the vehicle has been released onto the line, as well as in violation of the established rules for using the tachograph (including blocking, correcting, modifying or falsifying the information recorded 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 the officials- from five thousand to ten thousand rubles.

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

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

(Article as amended, entered into force on April 1, 2013 by the Federal Law of June 14, 2012 N 78-FZ.

N 195-FZ, Code of Administrative Offenses of the Russian Federation, current version.

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

Comments on articles of the Code of Administrative Offenses will help you understand the nuances of administrative law.

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

Currently, the requirements for tachographs are regulated by the Order of the Ministry of Transport of the Russian Federation of February 13, 2013 N 36 "On approval of 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 funds". However, despite the publication of the said normative act, the majority of vehicles on the territory of the Russian Federation are not equipped with the indicated means. In this regard, the letter of the Ministry of Internal Affairs of the Russian Federation of May 22, 2013 N 13 / 5-134 "On the application of the first part of Article 11.23 of the Code of Administrative Offenses of the Russian Federation" remains relevant, according to which, according to the Prosecutor General's Office of the Russian Federation, the State traffic inspectorate does not have sufficient grounds to attract drivers for driving vehicles to be equipped with tachographs without such technical controls. In this connection, the implementation of the provisions of the commented article is possible in relation to almost any vehicle, i.e. contributes to the violation of the established procedure for the operation of vehicles and the implementation of transportation. In this regard, the application of the commented article requires suspension until the approval of the procedure for equipping vehicles with tachographs while continuing work to bring the requirements of the legislation of the Russian Federation in this part to the owners (owners) of vehicles through the media. To the fullest extent, the prescriptions of the commented article shall be applied on the territory of the Russian Federation starting from April 1, 2014. Prior to the specified period, their implementation was carried out in accordance with the requirements of international treaties only in relation to international road transport.

objective side The act in question covers driving a vehicle without a control device (tachograph), with a device that is not working or does not meet the established requirements, as well as violation of the rules for using the tachograph, for example, blocking it by turning it off, changing the device, etc. Thus, the objective side of the act in question is the implementation of the actions provided for by the disposition of the article.

The objective side of part 2 of this article is the violation by the driver of the vehicle of the established regime of work and rest, the monitoring of compliance with which is designed to provide a tachograph. Thus, the specified act is also directly related to the use of the specified equipment.

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

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

The next commentary on Article 11.23 of the Code of Administrative Offenses of the Russian Federation

If you have questions under Art. 11.23 of the Code of Administrative Offenses, you can get legal advice.

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

Legal regulation of this sphere of relations is carried out through federal law dated 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 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 are carried out by both domestic and foreign carriers in accordance with Russian, as well as multilateral permits.

2. The objective side of the offense in question is the commission of the following unlawful acts: driving a truck 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 on road transport in the Russian Federation (Order N 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.

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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:

• the duration of the work shift with a 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 security itself traffic while doing transportation trucks or passenger buses, a subject- an individual engaged in 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.).

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

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

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

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.

Note. Lost force thirty days after the day of the official publication of the Federal Law of October 14, 2014 N 307-FZ.

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

1. The object of administrative offenses is set mode labor and rest.

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;

To foreign carriers - carriers of the states - participants of the European agreement, concerning work of crews of vehicles, carrying out the international automobile transportations, 1970;

Foreign carriers - carriers of countries with which they have international treaties RF, providing for compliance with the requirement specified in the commented article.

According to the Road Safety Law legal entities and individual entrepreneurs, carrying out activities on the territory of the Russian Federation related to the operation of vehicles, are obliged: to equip vehicles with technical means of control that ensure continuous, uncorrected registration of information on the speed and route of vehicles, on the mode of work and rest of vehicle drivers.

Requirements for tachographs, categories and types of vehicles equipped with them, the procedure for equipping vehicles with tachographs, the rules for their use, maintenance and control of their work are established in the manner determined by the Government of the Russian Federation.

2. The objective side of administrative offenses is the failure to comply with the norms current legislation about work and rest.

3. From a subjective point of view, an offense can be committed both intentionally and through negligence.

4. Subjects of administrative offenses are citizens, officials, drivers.

5. Cases are considered by internal affairs bodies (police), bodies exercising the functions of control and supervision in the field of transport.

6. Protocols on cases of administrative offenses shall be drawn up by persons authorized to consider cases of administrative offenses.

ULYANOVSK REGIONAL COURT

ULYANOVSK REGIONAL COURT

Judge Chernova N.V. Case No. 7-436/2015

Judge of the Ulyanovsk Regional Court Tyutkina Z.A.,

under the secretary Voronkova I.A.,

Having considered in open court the complaint of Poukh S*** V*** against the decision of the judge of the Zheleznodorozhny District Court of the city of Ulyanovsk dated July 28, 2015,

SET UP:

By the decision of the chief state inspector of the department of motor transport and road supervision of the UGADN for the Ulyanovsk region Kulishov V.V. dated June 29, 2015 Poukh S.V. brought to administrative responsibility under Part 1 of Article 11.23 of the Code of Administrative Offenses of the Russian Federation and subjected to administrative punishment in the form of an administrative fine in the amount of 1000 rubles.

Blame Pouhu S.V. it is imputed that on June 29, 2015 at 10:40 a.m., he carried out the transportation of cargo (silt from sewage treatment plants) along the route: Ulyanovsk - a solid waste landfill, a landfill contract on a KAMAZ 5511 car, state registration plate ***, not equipped with a tachograph.

Disagreeing with this decision, Pouh C.The. appealed to the Zheleznodorozhny District Court of Ulyanovsk.

Having considered the complaint on the merits, the judge of the Zheleznodorozhny District Court of the city of Ulyanovsk issued a decision by which the decision of the Chief State Inspector of the Department of Motor Transport and Road Supervision of the UGADN for the Ulyanovsk Region dated June 29, 2015 No. 370059 on the involvement of Poukh S.V. to administrative responsibility under Part.1 Article.11.23 of the Code of Administrative Offenses of the Russian Federation left unchanged.

In a complaint sent to the Ulyanovsk Regional Court, Pouh C.The. disagrees with the decision and the decision made on the complaint, asks to cancel them, referring to the lack of obligation to equip a vehicle intended for public utilities and road maintenance, the year of manufacture of which is 1985 (30 years), with a tachograph. In this regard, he believes that the composition of an administrative offense in his actions is missing.

In detail the position of Poukh S.V. stated in the complaint.

Having studied the materials of the case, having heard the explanations of the representative of the UGADN in the Ulyanovsk region - Kozlova I.A., who objected to the arguments of the complaint, I come to the following.

Part 1 of Art. 11.23 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for driving a vehicle or releasing a vehicle for the carriage of goods and (or) passengers without a technical means of control that provides continuous, uncorrected registration of information about the speed and route of the vehicle, about the mode work and rest of the driver of the vehicle (hereinafter - tachograph), if its installation on the vehicle is provided for by the legislation of the Russian Federation, as well as with a non-working (blocked, modified or faulty) or with a tachograph that does not meet the established requirements, except for the case of a breakdown tachograph after release on the vehicle line, as well as in violation of the established rules for the use of the tachograph (including blocking, correcting, modifying or falsifying the information recorded by it).

It follows from the case file that on June 29, 2015, at 10:40 a.m., the UMUP driver “ Ulyanovskvodokanal» - Poukh S.V. in p. B *** k *** Ulyanovsk, st. L***, d. *** carried out the transportation of cargo (sludge from treatment facilities) along the route: Ulyanovsk - solid waste landfill landfill contract on a KAMAZ 5511 vehicle, state registration plate ***, not equipped technical means control, providing continuous, uncorrected registration of information about the speed and route of the vehicle, about the mode of work and rest of the driver of the vehicle - tachograph.

The above vehicle is owned by UMUP " Ulyanovskvodokanal».

Appendix No. 2 "Categories and types of vehicles equipped with tachographs" to the Order of the Ministry of Transport of Russia dated February 13, 2013 No. 36 contains a list of categories and types of vehicles equipped with tachographs put into circulation and in operation on the territory of the Russian Federation.

These include, among other things, vehicles intended for the carriage of goods, having a maximum mass of more than 12 tons (category N 3), with the exception of public utilities and road maintenance vehicles, as well as vehicles included in the list of types and categories of wheeled vehicles, 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 their original condition, and in respect of which a recycling fee is not paid , approved by the Decree of the Government of the Russian Federation of August 30, 2012 No. 870 "On the recycling fee for wheeled vehicles."

Appendix No. 6 of the Technical Regulations Customs Union"On the adoption of the technical regulation of the Customs Union "On the safety of wheeled vehicles", approved by the decision of the Commission of the Customs Union dated December 9, 2011 No. 877 (as amended on May 28, 2015), additional requirements for specialized and special vehicles, which include Requirements for vehicles for public utilities and road maintenance.

Also, the said decision of the Commission approved the List of standards, as a result of which, on a voluntary basis, compliance with the requirements of the technical regulation of the Customs Union "On the safety of wheeled vehicles" (TR CU 018/2011) is ensured. These include GOST 31544-2012 "Machines for urban utilities and road maintenance."

Thus, vehicles used for public utilities and road maintenance should be classified as specialized vehicles according to this GOST at .

The above standard applies to specialized vehicles for urban utilities and road maintenance, which include: vehicles for sanitary cleaning of cities, for winter cleaning of cities, summer cleaning of cities, cars for year-round use for cleaning cities, utility vehicles of various purposes, snow plows. The standard establishes special safety requirements due to the peculiarities of the technological equipment of machines.

In accordance with paragraph 2 of the Technical Regulations of the Customs Union "On the safety of wheeled vehicles": "specialized vehicle" - a vehicle designed to transport certain types of goods (petroleum products, food liquids, liquefied hydrocarbon gases, food products, etc. );

"special vehicle" - a vehicle designed to perform special functions that require special equipment (truck cranes, fire trucks, vehicles equipped with work platform lifts, tow trucks, etc.).

Therefore, by virtue of the above norms, the KAMAZ 5511 car, state registration mark R 122 UX 73, belonging to category N3, cannot be recognized as a specialized or special vehicle for public utilities and road maintenance.

It is equally impossible to attribute the specified car to the vehicles included in the list of types and categories of wheeled vehicles, from the year of manufacture of which 30 or more years have passed, which are not intended for commercial transportation of passengers and goods, have an original engine, body and frame (if available). ), preserved or restored to their original condition, and in respect of which the recycling fee is not paid, approved by Decree of the Government of the Russian Federation of August 30, 2012 No. 870 "On the recycling fee for wheeled vehicles", since this List, approved by the Government Decree RF dated December 26, 2013 No. 1291 (as amended on April 2, 2014) includes:

1. Vehicles of category M, including cross-country vehicles of category G;

2. Vehicles of category N, including cross-country vehicles of category G.

Vehicles of category N3 are not included in this list.

Therefore, equipping the disputed vehicle with a tachograph is mandatory in this case.

The fact of committing an administrative offense and the guilt of Poukh S.V. are confirmed by a combination of evidence, including: a protocol on an administrative offense, a decision in the case of an administrative offense, a vehicle registration certificate, and other case materials.

All evidence was assessed in the court decision in accordance with the requirements of Article 26.11 of the Code of Administrative Offenses of the Russian Federation.

actions Poukh C.The. properly qualified for part 1 of article 11.23 Code of the Russian Federation on Administrative Offenses.

In the course of consideration of this case, the judge of the district court comprehensively, fully, objectively and timely clarified the circumstances of the administrative offense committed.

The order of proceedings in the case of an administrative offense and the statute of limitations for bringing to administrative responsibility are not violated.

Violations of the norms of substantive and procedural law, entailing the cancellation of the court decision held in the case, were not allowed during the proceedings in this case.

The arguments of the complaint do not contain new circumstances that were not the subject of discussion in the court of first instance or would refute the conclusions of the judge, and do not constitute grounds for the annulment of the judicial act.

Under such circumstances, there are no grounds for satisfying the complaint.

Guided by Art. Art. 30.3 - 30.9 of the Code of Administrative Offenses of the Russian Federation, judge

The decision of the judge of the Zheleznodorozhny District Court of the city of Ulyanovsk of July 28, 2015 is left unchanged, the complaint of Poukh S*** B*** is dismissed.

Judge Z.A. Tyutkina

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Transportation safety is one of the most important aspects of traffic. At the legislative level, there are many orders and other documents containing requirements for ensuring the safety of the driver, passengers and goods during transportation. The provisions of these laws are binding on the entire territory of the Russian Federation and even beyond its borders (if we are talking about international transportation).

In order to record the fulfillment of the requirements of the Legislation, vehicles in without fail must be equipped with special control devices - tachographs. They are designed to record information about the speed of movement, the route and the driver's compliance with the regime of work and rest.

All rules for the use of these devices and their maintenance, as well as the category and type of machines on which monitoring equipment must be installed, are recorded in the relevant order of the Ministry of Transport. However, despite this, many buses and trucks, to be equipped with tachographs, are still not equipped with them.

In these situations, as well as in cases where a non-working or faulty tachograph is installed on the vehicle, administrative liability is provided for unauthorized modifications of the device or its non-compliance with the established requirements. It also applies to persons who violate the rules for the operation of the tachograph: if they block, correct or falsify the recorded data.

In the event of any of the above cases, fines are imposed on violators:

• for individuals who directly drive a truck or bus with a faulty tachograph or without it at all for the transportation of people and / or goods, – from 1000 to 3000 rubles,
• for officials responsible for the installation of control equipment and checking its serviceability, - from 5000 to 10000 rubles. Most often, this is a mechanic or the head of the garage, who is responsible for the release of vehicles on the route.

The exception is cases of unexpected failure of the device during the trip.