A fine for the driver not having a permit is one of the types of punishments provided for in Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, for driving a vehicle without a waybill in cases where its presence is mandatory.
The traffic rules establish a list of documents that a driver must have with him when getting behind the wheel of a car. He must present them at the request of a traffic police officer. In certain cases, this list also includes a document such as a waybill. We will tell you what fine for the absence of a waybill is provided for by the Code of Administrative Offences, and how specific circumstances can influence the bringing of a violator to administrative responsibility.
What is a waybill
A permit is a document that is issued to the driver by his employer - an individual entrepreneur or a legal entity - at the beginning of each trip or work shift. The document records:
- name of the organization that owns the car;
- FULL NAME. the driver and a note indicating that he has undergone a pre-trip medical examination;
- information about the vehicle, including its maintenance history, mileage and the moment when it left the parking lot and then when it returned.
IMPORTANT!
In 2021, liability for the lack of a waybill for the driver of a car or truck is a fine from 500 to 30,000 rubles!
This document is used to record:
- fuels and lubricants;
- mileage, wear and technical condition of the vehicle;
- the driver's working hours and his physical condition.
Each organization has the right to independently develop forms for its transport registration documents, the main thing is that their content and procedure for filling out comply with the rules established by Order of the Ministry of Transport of Russia dated September 18, 2008 No. 152 (as amended).
Definitions
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Based on clause 14 of Art. 2 Federal Law No. 259 dated November 8. 2007 “Charter...” (hereinafter referred to as the Charter), a waybill is recognized as a document that is intended to monitor the operation of the vehicle and the driver.
Who uses
Individual entrepreneurs and legal entities issue the registration document to their drivers.
In accordance with paragraph 2 of Art. 6 of Federal Law No. 259-FZ of November 8, 2007, it is issued to the driver of a passenger or cargo vehicle, bus, trolleybus or tram if he is transporting passengers, cargo or luggage.
In practice, if during an inspection it is discovered that the vehicle is registered to an individual entrepreneur or a legal entity, the inspecting inspector will require a registration document. Formally, if a driver uses a company vehicle for personal purposes, in agreement with the management, this case does not fall under the list of those when a registration document is required, but it is not always possible to prove personal and not commercial use, and the driver receives a fine. This conflict is not clearly resolved in the law and often leads drivers to court to challenge the punishment imposed on them.
Normative base
Federal Law of November 8, 2007 N 259-FZ “Charter of Road Transport and Urban Ground Electric Transport”
Order of the Ministry of Transport of Russia dated September 18, 2008 N 152 “On approval of mandatory details and the procedure for filling out waybills”
Order of the Ministry of Finance of Russia dated December 31, 2016 N 256n “On approval of the federal accounting standard for public sector organizations “Conceptual framework for accounting and reporting of public sector organizations”
Resolution of the State Statistics Committee of the Russian Federation dated November 28, 1997 N 78 “On approval of unified forms of primary accounting documentation for recording the work of construction machines and mechanisms, work in road transport”
Order of the Ministry of Transport of Russia dated December 21, 2018 N 467 “On introducing changes to the mandatory details and the procedure for filling out waybills approved by order of the Ministry of Transport of the Russian Federation dated September 18, 2008 N 152”
Types of fines for waybills
The absence of a driver's permit when checked by a traffic police officer is an administrative offense; liability arises both for the driver himself and for the owner of the vehicle - an individual entrepreneur or a legal entity. The fine for not having a waybill is established by the norms of the Code of Administrative Offenses of the Russian Federation.
A traffic police officer who has stopped a vehicle for inspection has the right to demand a registration document when recording a traffic violation or in the event of a traffic accident. The following may check your vouchers:
- labor inspection, which checks the organization's compliance with workers' rights;
- tax inspectorate, checking the correctness of accounting for the organization's expenses on gasoline, during an on-site or desk audit.
| Violation | Amount of fine | Base | A comment |
| Failure to provide a voucher during an inspection by an inspector. | For the driver - 500 rubles. | Article for the absence of a waybill - Part 2 of Art. 12.3 Code of Administrative Offenses of the Russian Federation. | The Code of Administrative Offenses of the Russian Federation does not imply that evacuation is possible for the absence of a waybill - this offense is not included in the list of violations requiring the detention of a vehicle. |
| There is no voucher or it is incorrectly issued, the organization faces a fine for the lack of a medical examination in the voucher. | For a legal entity or individual entrepreneur - 30,000 rubles. | Part 2 art. 12.31.1. | The Code of Administrative Offenses of the Russian Federation does not establish fines for the absence of a waybill for individual entrepreneurs or legal entities - they are responsible for related violations provided for in Art. 12.31.1 Code of Administrative Offenses of the Russian Federation. There are no separate sanctions for individual entrepreneurs; entrepreneurs bear the same responsibility as organizations - this rule is established by the note to Art. 12.31.1 Code of Administrative Offenses of the Russian Federation. A sanction in the form of being sent to a parking lot for the absence of a waybill is not provided for any of these offenses. |
| The document does not contain a mark on the passage of pre-trip maintenance, or if there is none at all. | For a legal entity or individual entrepreneur - 30,000 rubles. | Part 3 art. 12.31.1 Code of Administrative Offenses of the Russian Federation. | |
| Carrying out transportation of passengers and luggage, cargo by road and urban ground electric transport in violation of the requirements for pre-trip and post-trip medical examinations of vehicle drivers and pre-trip monitoring of the technical condition of vehicles. | For an official - 5,000 rubles. | Clause 2, 3 art. 12.31.1 Code of Administrative Offenses of the Russian Federation. |
Prevent the problem
To save time, money and nerves, it is better for individual entrepreneurs and employees of organizations to issue a waybill. A fine for absence can become an unpleasant incident, and then you will have to go to court to protect your rights.
But it should be remembered that even private entrepreneurs are required to have this document with them if the car is used in the work process, or with its help, people or goods are transported.
An exception can only be applied if an individual entrepreneur uses the car for his own needs or has transferred it to another person by proxy.
Fines for cars
The Code of Administrative Offenses of the Russian Federation does not establish a separate fine for the absence of a waybill for a passenger car; the rules are the same for all types of transport. As a rule, with passenger cars there are disputes regarding the need for a voucher: if the car is used for personal purposes, even if it is official, it is not needed. But it is often not possible to prove this to the inspector, and the dispute is taken to court.
Taxi employees most often work in passenger cars; the fine for not having a taxi waybill is the same - 500 rubles; taxis are also required to issue vouchers. Any form is possible, taking into account the latest requirements and recommendations of the Ministry of Transport of the Russian Federation.
Who can be fined?
The text of the Code of Administrative Offenses of the Russian Federation includes the terms “officials” and “legal entities,” but there are reservations that, from the point of view of the law, in this case not only a commercial/budgetary organization, but also an individual entrepreneur is considered a legal entity.
Self-employed individuals are not mentioned in the articles of the Code of Administrative Offenses of the Russian Federation, but we suspect that the traffic police inspector issuing a fine will not pay attention to the difference between individual entrepreneurs and self-employed citizens. Get a free demo version of the “Contour.Waysheets” service
How long to store vouchers
Order of the Ministry of Transport of Russia dated September 18, 2008 No. 152 in paragraph 18 establishes that the storage period for waybills is at least five years, that is, the organization has the right to store them longer.
Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558 in paragraph 842 specifies the rules for determining the shelf life: five years, if checks and audits were carried out during this time. If vouchers are the only documentary evidence of difficult or harmful working conditions for employees of an organization, they must be stored for 75 years.
Shelf life and validity of PL
These deadlines are regulated by two orders of the Ministries, as well as one Federal Law and the Tax Code:
- No. 152 of the Ministry of Transport of 2008 - at least 5 years (no upper limit);
- No. 558 of the Ministry of Culture of 2010 - 5 years, if during this time an inspection by the regulatory body was carried out (if this did not happen, the sheets must be canceled upon expiration of the period);
- No. 402-FZ Art. 29 of 2014 – 5 years;
- Art. 24 clause 3 subclause 5 of the Tax Code – from 4 years.
Thus, the paper should be stored for approximately 5 years.
Companies that do not provide transport services can issue sheets for 1-30 days. Transportation companies must issue new sheets daily; one document cannot be valid for several trips on different days. The exception is business trips, in which case the submarine is given for the entire period.
Features of driving a truck
In the absence of a waybill, a fine will be imposed on the truck driver. Individual entrepreneurs can use the PG-1 form to write this paper, which is aimed at people who do not use hired labor. In this case, it is possible to develop an individual form that is more convenient to fill out. It is important to correctly indicate all the necessary details that are approved by the Ministry of Transport.
The document requires:
- stamps confirming that the vehicle was inspected by a mechanic;
- stamp from a medical professional confirming the pre-trip examination.
If cargo will be transported, then the waybill must be accompanied by an invoice for the goods. The document can be drawn up by both an accounting employee and a dispatcher, as well as an individual entrepreneur himself.
It is imperative to record in the accounting book the waybill issued in accordance with all the rules. The entrepreneur must certify the entry with his signature and seal. Only in this case can you calculate the costs of combustible materials and the driver’s salary, if any. The waybill also records:
- travel time;
- forced downtime;
- presence of an accident;
- stops for technical needs.
Fines for the absence of a waybill for a truck driver can range from 500 rubles to 100 thousand rubles.
Additional details
The document contains sections on the results of the work of both the driver and the vehicle itself. They can be filled out as desired. There are no penalties for absence. Among the optional details are:
- number of flights completed per shift;
- their length in kilometers and hours;
- route.
Sometimes entrepreneurs provide such mandatory columns for calculating salaries for their employees;
- travel downtime;
- presence of an accident;
- technical stops.
Results
A fine for the absence of a waybill is imposed both on the driver driving the vehicle and on the organization (or individual entrepreneur) that owns the vehicle. Its size depends on the article to which the traffic police inspector refers when drawing up a protocol of an administrative offense, and varies from 500 to 30,000 rubles. These are quite significant amounts even for large organizations, not to mention individual entrepreneurs who work for themselves. That is why all business entities using vehicles in their work need to issue waybills to their employees and ensure that they are filled out correctly.
Sources
- https://clubtk.ru/v-kakikh-sluchayakh-vypishut-shtraf-za-otsutstvie-putevogo-lista
- https://gosuchetnik.ru/bukhgalteriya/chto-grozit-za-otsutstvie-putevogo-lista-u-voditelya-tablitsa-shtrafov
- https://BusinessMan.ru/shtraf-za-otsutstvie-putevogo-lista-dlya-ip.html
- https://shtrafi-gibdd.online/49-shtraf-za-otsutstvie-putevogo-lista.html
- https://pravo-auto.com/shtraf-za-otsutstvie-putevogo-lista/
- https://auto-pravda.online/shtrafy/245-shtraf-za-ezdu-bez-putevogo-lista.html
- https://nalog-nalog.ru/buhgalterskij_uchet/dokumenty_buhgalterskogo_ucheta/kakoj_shtraf_za_otsutstvie_putevogo_lista/
- https://RuShtraf.com/shtraf-za-otsutstvie-putevogo-lista/
- https://juresovet.ru/shtraf-za-ezdu-bez-putevogo-lista-s-organizacii-taksi/
Filling rules
The operation of vehicles for commercial purposes without filling out documents is prohibited by Federal Law No. 259-FZ dated November 8, 2007 (clause 2 of Article 6). The ban is justified by the fact that these documents are primary in confirming the validity of vehicle mileage; in addition, on their basis, gasoline costs are written off and drivers’ wages are calculated. The rules for filling out waybills in 2021 are regulated by Order of the Ministry of Transport dated September 18, 2008 No. 152.
According to paragraph 25 of the standard, approved by Order of the Ministry of Finance dated December 31, 2016 No. 256n, in order for documents to comply with accounting purposes, they must contain the following details:
- name of the document, organization and date of preparation;
- content of the fact of economic life;
- measurement value (indicating units of measurement);
- the name of the position of the person who filled out the document and the person responsible for the correct execution;
- signatures.
Since there is no unified form of waybill in the list of primary accounting documents, employers develop these forms themselves or use those approved by Decree of the State Statistics Committee of November 28, 1997 No. 78. The rules for processing documents themselves have undergone some changes in 2021: the new form of waybill from March 1, 2021 allows fill out the document only for one flight or one shift, if it includes several flights (Order of the Ministry of Transport dated December 21, 2018 No. 467).
If you continue to draw up primary accounting documents without regard to new changes in waybills in 2021, the tax authorities will refuse to recognize expenses for fuel, lubricants and fuel, and those responsible for improper execution of such documents will be held accountable under 12.31.1 of the Code of Administrative Offenses of the Russian Federation.
