Article 11.23 of the Code of Administrative Offenses of the Russian Federation with amendments. 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

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

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

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

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 a vehicle is provided for by the legislation of the Russian Federation, as well as with a non-working (blocked, modified or faulty) or with 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) -

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

on officials - from five thousand to ten thousand roubles.

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

With citizens, everything is clear - these are participants traffic(drivers).

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

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

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

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

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

We consider it appropriate to comment on each individual item.

According to point 1.

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

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

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

According to point 2.

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

According to point 3.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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. Has lost its power. - Federal Law of October 14, 2014 N 307-FZ.

The provisions of Article 11.23 of the Code of Administrative Offenses of the Russian Federation are used in the following articles:

• Violation of the requirements for ensuring the safety of transportation of passengers and baggage, cargo by car and urban ground electric transport

  6. Transportation of passengers and goods by road and urban ground electric transport in violation of the Rules for ensuring the safety of transportation of passengers and goods by road and urban ground electric transport, with the exception of cases provided for in parts 1-5 of this article, article 11.15.1, part 2 article 11.23 and article 12.21.1 of the Code of Administrative Offenses of the Russian Federation, -

• Internal affairs bodies (police)
• federal body executive power, carrying out federal state transport supervision

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

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

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

Consider part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, which introduces a 50 percent discount on the payment of fines for traffic violations:

1.3. When paying an administrative fine by a person brought to administrative responsibility for committing an administrative offense provided for by Chapter 12 of this Code, with the exception of administrative offenses provided for by Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of Article 12.15, Part Z.1 of Article 12.16, Articles 12.24, 12.26, Part 3 of Article 12.27 of this Code, no later than twenty days from the date of the decision to impose an administrative fine, an administrative fine may be paid in the amount of half the amount of the imposed administrative fine. If the execution of the decision on the imposition of an administrative fine was delayed or spread by installments by the judge, body, official who issued the decision, the administrative fine shall be paid in full.

Please note that this article lists some of the features.

The 50% discount is not available on all traffic fines.

Violations to which the discount does not apply:

Article 12.1, part 1.1. Repeated driving of an unregistered vehicle,

Article 12.8. Driving or transferring control to a person who is in a state of intoxication.

Article 12.9, parts 6 and 7, Repeated speeding of 60 km/h or more.

Article 12.12, part 3. Repeated passage to a prohibiting traffic light.

Article 12.15, part 5. Repeated entry into the oncoming lane

Article 12.16, part 3.1. Repetitive traffic in the opposite direction on a one-way road.

Article 12.24. Violation of the rules that caused harm to the health of the victim.

Article 12.26. Refusal of medical examination for intoxication,

Article 12.27, part 3. Use of alcoholic, narcotic or psychotropic substances after an accident.

When paying all other traffic police fines, you have the right to count on a 50 percent discount.

To receive a 50 percent discount, you must pay a fine within 20 days from the date of the decision on an administrative offense. If the driver does not meet this deadline, the fine will have to be paid in full.

If the fine is paid later than 20 days, then according to the traffic police databases, your fine is listed with a debt and must be paid in addition.

The discount is not provided if the driver has received a deferral or installment payment of the traffic police fine.

In 2017, traffic police officers identified 701 traffic violations, of which 4 violations under Art. a vehicle for the transport of goods and (or) passengers, work and rest regimes, ”also according to this article, the traffic police receives incoming materials from other departments of the traffic police to make a decision.

Dear drivers, please note that the 50 percent discount does not apply for committing an administrative offense under Chapter 11 of this Code, under Article 11.23 of the Code of Administrative Offenses of the Russian Federation, in this regard, you need to pay a fine under Article 11.23 part 1 of the Code of Administrative Offenses of the Russian Federation in full.

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 date of official publication federal law dated 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;

Foreign carriers - carriers of the states - participants of the European Agreement concerning the work of crews of vehicles producing international road transport, 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 required to: technical means control, providing continuous, uncorrected registration of information about the speed and route of vehicles, about 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. objective side administrative offenses consists in non-compliance 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.