What is the fine for driving without a waybill in 2021?

Why do you need a waybill?

The main function of the waybill is to confirm the legality of driving a vehicle when carrying out commercial activities. A car is not only a means of transportation, but also a means of earning money. Therefore, organizations maintain accounting in order to reduce taxation. On the other hand, road safety is ensured by the traffic police services. For example, in Moscow, control over the operation of TAXI is partially entrusted to MADI. The waybill contains important information:

• about the transport company or individual entrepreneur - car owner: full name of the entrepreneur or name of the car company, contact details, address, OGRN (note: there is no need to put an organization stamp).
• on the validity period of the p/l (see new Order of the Ministry of Transport No. 368).
• about the driver: presence of a stamp (record) confirming the completion of the pre-trip medical examination, including the date and time of its conduct.
• on the technical condition of the car: the inspector’s mark in accordance with the requirements of Russian legislation for the qualifications of an auto mechanic.
• about the route, mileage, fuel consumption, etc.

Entrepreneurs or drivers whose work does not require a report to the Federal Tax Service are required to draw up a letter. Since no one relieved them of responsibility for road safety. For violation of the requirements for mandatory details or lack of a voucher, an administrative penalty is imposed in the form of a fine under several articles of the Code of Administrative Offenses of the Russian Federation. Therefore, it is many times higher than the minimum amount - 500 rubles.

Please note: According to the new Order of the Ministry of Transport No. 368 (11/09-20), the requirements for issuing a waybill have been changed.
Control over the driver’s work schedule, rest and travel voucher validity periods is being tightened. You can be fined for not having a license document if your time behind the wheel exceeds 8-12 hours—the period for which the document is issued.

What will you be fined for if you don’t have a waybill?

Based on the above, it is clear that the content of the letter includes information, without confirmation of which penalties are imposed on the organization, individual entrepreneur, officials, and citizens. Therefore, in the event of an inspection by the road inspectorate, a violation of several indirect articles of the Code of Administrative Offenses of the Russian Federation is assumed for the absence of:

1. Vouchers or if you have an expired document, the validity of which is limited to an 8-hour working day and a rest of up to 4 hours.
2. Pre-trip medical examination of an employee driving a vehicle. In addition to him, officials and the organization itself bear responsibility.
3. Technical control of the vehicle before departure. Punishment for the offense is imposed, among other things, on the transport company.
4. The legal right to use vehicles when carrying out TAXI activities. In this case, the car may be taken to the impound lot.

In addition, if it is determined that the company does not conduct a pre-trip medical or technical inspection at all, the amount of the fine may be increased taking into account the number of drivers. In the absence of mandatory details in the waybill, the Federal Tax Service will refuse to write off income taxes, declaring the primary reporting document void.

Requirements for having a waybill

The issuance of a waybill is not widespread, but concerns strictly defined cases, the occurrence of which is associated with the type of activity of the car owner.

Normative base

The current version of the traffic rules does not actually contain a list of cases when a waybill is required. However, clause 2.1.1 stipulates the obligation of drivers to carry the relevant document and present it to inspectors upon request. This rule does not apply to the entire mass of drivers who move on the road, but only to those who, in accordance with other regulations, are required to register it before leaving.

Certain issues of cases and the procedure for issuing travel documents are contained in the Federal Law “Charter of Automobile Transport and Urban Ground Electric Transport”, the order of the Ministry of Transport of the Russian Federation “On approval of mandatory details and the procedure for filling out travel documents”.

Meaning

Waybill is a document required for financial reporting. During a tax audit, depending on the legal form of the subject and the type of taxation applied, it is also required. In fact, this document is the primary accounting reporting, on the basis of which calculations of fuel costs are made, which are subject to deduction from the tax base. Thus, there is a legal reduction in taxes.

Cars for which a waybill is issued

Cases and transport, which are necessarily accompanied by a waybill, are contained in various legal acts. But there is a list of cars for which registration is not required:

• Cars are privately owned by individuals. Moreover, their operation is carried out for personal purposes, including in cases of transfer of transport to a third party on the basis of a executed power of attorney;
• Cars registered with business entities that do not keep records of fuel consumption for tax deductions. For example, an individual entrepreneur operates under a simplified taxation system. All income falls under the tax base, but expenses are not taken into account. This in itself neutralizes the importance of waybills and their filling out and maintenance is unnecessary economically unjustified work that takes time and money. This document also serves as a certificate of the driver’s right to drive a legal entity’s vehicle, but in cases where it is not filled out, a power of attorney can be used.

Cases where it is mandatory to fill out a waybill include cases of transportation of passengers, baggage, and cargo by all types of ground transport.

Validity period and contents of the document

A strict reporting form can be issued for a period from 1 day to 1 month. Longer periods are not provided. When different drivers use transport in shifts, several such documents are drawn up according to the number of drivers.

The waybill must contain:

• Information about the vehicle;
• The number of the sheet itself. This document refers to strict reporting forms;
• Stamp of the entity that issued it (individual entrepreneur or legal entity);
• Date and time of transport departure;
• Information about the health worker, the date of the medical examination and its result (admission);
• Signature of the mechanic who inspected the vehicle.

Each document must be registered in the appropriate journal. The journal and completed sheets are stored for 5 or more years.

What form of waybill form can be used?

The law does not prohibit the forms approved by State Statistics Committee No. 78, developed in 1997. But they do not contain all the necessary fields that must be filled out in accordance with Order No. 368 of the Ministry of Transport (valid from 2021 to 2027) or Article 9 of Law No. 402-FZ “On Accounting” (06/12-11). ).

Therefore, it is recommended, based on them, to approve your own form in the company’s accounting policy. Add the missing details and accounting parameters related to the activities of the enterprise. You can use the unified form if, at a minimum, you reflect the data required by law so that in their absence, the document will not be invalidated.

How long to store

The sheet is necessary to record the activities of private entrepreneurs and legal entities that are engaged in official economic activities. The rules for storing this form are fixed in a variety of regulatory documents of the country.

In accordance with the order of the Ministry of Transport number 152, adopted on September 18, 2008, the waybill must be stored for at least 5 years. A longer period remains a valid option.

Order of the Ministry of Culture of the Russian Federation number 558, adopted on August 25, 2010, regulates: a five-year storage period is permissible only subject to regular checks of documents. In the absence of control from higher regulatory authorities, the legal significance of waybills is nullified. That is, the organization does not have the right to further use them.

The Tax Code of the Russian Federation defines the storage period as a period lasting at least 4 years. At the same time, the country’s accounting legislation obliges firms that own movable property to keep the form for at least 5 years.

In the rules on storing waybills, there are two special cases that you should be aware of:

1. Leaflets whose validity period ranges from one day to a month are acceptable for organizations whose activities are not related to the field of motor transport services.
2. There is an exception for organizations that are required to issue a document daily. It is acceptable to issue this for a longer period, if an employee of the organization is forced to go on a business trip - the form will be issued for the entire period of departure.

Thus, when determining the shelf life, one cannot limit oneself to only one regulatory document. It is important to analyze all the requirements put forward by law.

For which drivers is a waybill required?

Within the framework of the automobile “Charter ...”, No. 256-FZ Art. 6; Clause 2 states that driving a vehicle without a license is prohibited for employees who:

1. They are engaged in transporting cargo (goods, things) or persons who are passengers (note: this includes everyone except the driver).
2. They manage public passenger cars and electric transport.

The Ministry of Transport (Order No. 368 1 p. Chapter II) is expressed more briefly: the letter is filled out for any vehicle that is operated by a legal entity or individual entrepreneur.

Lack of waybill for TAXI

Taxi drivers have the hardest time. They are almost always required to have a completed application form. If you drive your own taxi, it is more difficult to prove that the purpose of the trip is personal needs. Especially in the capital, where control can be carried out by traffic police officers together with MADI. In the absence of a waybill, there is a risk of losing your car, which may be sent to an impound lot. To prevent this from happening, follow a number of conditions:

1. Remove any TAXI identification signs: remove the orange light from the roof, turn off the green signal - “free”.
2. Move only in the general flow, and not in a dedicated lane.
3. Do not board/disembark passengers. If video cameras record this, you won’t prove anything later.
4. Do not take orders from aggregators or taxi fleet managers.
5. When traffic police officers draw up a report, check under what articles the administrative offense was filed. If you do not agree with the decision, reflect this in the document next to your signature.

By observing these conditions, even if the car is seized, you will prove in court the illegality of the charges brought against you by canceling the fine. This applies only to those drivers who are car owners. In all other cases, taxi drivers are required to have a completed voucher. For them, personal trips without a written registration form do not exist.

How is a violation detected?

Checking documents for the right to operate vehicles is the responsibility of the traffic police service. They may require the presentation of a waybill when traffic violations are detected, during a routine check on the road, during weight control, or when registering an accident. The driver is obliged to present a valid sheet at the legal request of the inspector, and in the absence of a document, a procedural protocol is drawn up.

It is the protocol that will be the basis for prosecution. The contents of the document include the following information:

• date and place of execution of the protocol;
• data of the official who detected the violation;
• personal information of the driver, information about the presence or absence of an employment relationship with the owner of the car;
• data of the owner of the car, details of the PTS, vehicle registration certificates, compulsory motor liability insurance policy and driver’s license;
• the essence of the violation is the identification of the fact of the absence of a waybill when checking documents;
• link to Part 2 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, which provides for a fine for a waybill;
• objections and explanations of the driver on the merits of the offense (if the citizen refuses to give explanations, a corresponding note is made in the protocol).

If, when stopping a car, other violations are revealed, protocols will be drawn up under other provisions of the Code of Administrative Offenses of the Russian Federation.

If the absence of a waybill is accompanied by other violations of the rules for the transportation of passengers and goods, as well as the procedure for operating public transport, the car may be detained for transfer to the owner. This rule is of particular importance if the proper technical condition of the machine released onto the line has not been verified.

In addition to traffic police officers, the protocol can be drawn up by customs officials if the transportation of goods or the transportation of passengers involves crossing the border. In this case, document checks are carried out at checkpoints at border facilities.

Validity period of the waybill according to the new rules

Since March 2021, the rules on the validity period of the travel permit have changed. The Ministry of Transport in the new Order No. 368 regulates that the document is drawn up:

• for the entire duration of the trip, if the flight exceeds (r/d) shift;
• on a working day when 1 or more trips are made during a shift;

Of course, the permit is issued before leaving the permanent parking space. For comparison: previously the maximum period for which a P/L could be issued was 1 month. No matter how long the business trip lasted. If it took more than (4 weeks), 2 sheets were required. Now one is enough.

The second difference is that, as was before, you cannot get a permit for a month if working on a car fits into a regular shift schedule. A separate waybill is required for each shift. We do not recommend presenting the so-called “foot wraps”, with a bunch of daily marks from a doctor and a mechanic, to traffic police inspectors. They can be fined as if they were missing a letter.

Fine for driving without a waybill in 2021

The administrative penalty for the driver not having a waybill remains the same and is quite mild. A representative of the road inspection may impose a fine of 500 rubles or issue a Warning. We recommend that before you sign the protocol on the offense, you look at what article you are being held accountable for. If this is Art. 12.3 of the Code of Administrative Offences, which means you will not pay more than this amount.

Note: Administrative punishment in the form of a Warning is issued in writing. They can replace a fine with it only if the offense is committed for the first time (Article 4.3 of the Administrative Code).

Car owners - legal entities or individual entrepreneurs can be charged under Article 12.31.1. Code of Administrative Offenses of the Russian Federation. For example, for a car company whose drivers drive without permits, that is, they come to the attention of the traffic police, and in Moscow - to the development of MADI, the fines will be significant. It is the responsibility of the vehicle owner to provide employees with correctly completed documents in accordance with the requirements of Russian legislation. The release of a vehicle onto the line assumes:

• organizing a pre-trip medical examination;
• checking the technical condition of the vehicle before work;
• compliance of officials with qualification requirements.

In some situations, when a large fine is threatened, it is better for the driver to declare that the waybill has been lost. In this case, the enterprise (IP) must have information about the issuance of the document - registration in the waybill register.

Fines under Art. 12.31.1. Code of Administrative Offenses of the Russian Federation

Please note: According to Article 12.31.1. of the Code of Administrative Offenses of the Russian Federation, individual entrepreneurs and persons conducting activities without forming a legal entity bear responsibility on an equal basis with organizations.

Absence of a license form for a passenger car

Passenger cars are considered the most common type of transport, which is usually used for personal, non-commercial purposes. Therefore, legal entities should not issue a form for their own car, which is not involved in the process of making a profit.

In the discussed sheet there is no need if the owner of the organization wishes to issue an official power of attorney for the driver. If there is a power of attorney and there is no voucher, government officials do not have the right to impose penalties on either the owner of the vehicle or the driver driving it.

The form is required for a passenger vehicle only if it has been used for various types of transportation: transportation of goods, transportation of people and their luggage. If such activities are carried out, but there is no waybill, government officials are subject to financial liability in the amount of up to 100 thousand rubles.

According to the legislation for 2021, drivers of all vehicles that are listed among the property of legal entities or individual entrepreneurs are required to undergo a medical examination. Drivers are checked both before the start of their duties and after the end of the working day. This measure eliminates the possibility, for example, of incidents related to the consumption of alcoholic beverages before and during working hours.

Monitoring the technical condition of the vehicle is mandatory. In this case, the mechanic who inspected the car is obliged to put his signature on the document, confirming the serviceability of the vehicle or recording the presence of minor defects (scratches, small dents, etc.). The absence of a mechanic's signature is also a full violation of the norms.

The amount of the fine for violating the rules for using a waybill depends on the article of violation. A representative of the traffic service will indicate in the protocol what the person is accused of, after which a punishment commensurate with the offense will follow. The size of the financial penalty can be quite significant. For this reason, it is more advisable to take care of the availability of waybills in a timely manner.

Deadline for payment of fine

The payment of the administrative fine is given 60 days from the date of the decision. To save money, use Art. 32.2 hours 1.3. Code of Administrative Offenses of the Russian Federation. According to the regulations, if you make payment in the first 20 days, the amount is halved.

If the notice is received later than twenty days, you can go to court to restore justice. If the fine is large, it is not worth losing this privilege. When the court allows a deferment or payment in installments, you will have to pay the full amount. In these circumstances the discount does not apply.

Advice: Save the details confirming payment until you are sure that the data has been entered into the database. Otherwise, a second notification will be sent. Then you will have to collect evidence of the payment made after the fact.