Quite often, entrepreneurs use a personal car in their activities; this is not prohibited by law. At the same time, using the simplified tax system, you can write off fuel and lubricant expenses using it. Such expenses can be confirmed by documents that confirm that the transport is used for production needs. Such documents are: invoice, check, receipt and waybill. In this article we will look at the current 2020 instructions for issuing an individual entrepreneur’s waybill for a car and truck.
Waybill - what is it?
Before finding out whether a fine is imposed for the absence of a waybill, it is necessary to understand what the document is.
A waybill is a paper that is issued to the driver of an organization and gives him the right to drive a vehicle. The reporting document must necessarily contain information about:
- the person who drives the car;
- organizations or individual entrepreneurs;
- vehicle;
- the route being executed.
The document format can be free, or it can be written in a unified form.
Who needs a waybill
It is prohibited to use a vehicle, in accordance with the law, without a issued waybill in the following situations:
- if you are driving a bus, tram or trolleybus;
- when the company transports passengers;
- if the organization is engaged in the transportation of luggage, goods and cargo.
However, there are often cases when a company driver does not transport people, goods or cargo, but uses the car for his personal movements. A reasonable question arises whether there is a fine for the lack of a waybill in such a situation. The difficulty is that there is no clear answer. All controversial issues will be resolved only in court. But there have already been precedents when a decision was made in favor of the driver.
Rules for using waybills in 2020
Good afternoon, dear reader.
In this article we will talk about the waybill - a document that is primarily needed by drivers of commercial vehicles.
Popular questions related to the use of waybills:
Let's consider these questions in more detail.
Waybill in traffic rules
In the 2020 traffic rules, the phrase “waybill” is used only once, in paragraph 2.1.1:
2.1.1. Have with you and, at the request of police officers, hand over to them for verification:...
- in established cases, permission to carry out activities for the transportation of passengers and luggage by passenger taxi, waybill, license card and documents for the transported cargo, and when transporting large, heavy and dangerous goods - documents provided for by the rules for the transportation of these goods;
At the same time, “established cases” are not described in the traffic rules, so you will have to turn to other regulatory legal documents.
Why do you need a waybill?
The waybill is primarily intended for the accounting department of legal entities, as well as for tax office employees. It is this primary document that allows you to take into account gasoline costs and deduct them from the tax base. Essentially, a waybill is needed in order to reduce the amount of taxes paid.
However, there are situations when a waybill is mandatory.
Do you need a waybill for a passenger car?
Let's immediately highlight the drivers who do not need a waybill :
1. If the car belongs to an individual and is used by him for his own purposes or is transferred to another individual by proxy.
2. If the car belongs to a legal entity and accounting for fuel costs does not matter for this legal entity.
Let's look at the situation using an example. Let the car belong to an individual entrepreneur who uses the simplified taxation system and has chosen income as the taxable base.
In simple terms, only the income of this legal entity is subject to taxes, regardless of its expenses. In the described example, it doesn’t make much sense to arrange travel vouchers, because
this will only lead to additional time spent filling out paperwork and will not bring any benefit.
In this case, instead of a waybill, a legal entity can issue a special power of attorney to drive a car, which the driver will present to traffic police officers when checking documents. The power of attorney form for a legal entity will be published in a separate article.
I would also like to draw your attention to the fact that in some cases, filling out a waybill is mandatory. Let's move on to consider them.
When is it necessary to fill out a waybill?
Let's consider article 6 of the federal law “Charter of road transport and urban ground electric transport”:
Article 6. Waybills
2. It is prohibited to transport passengers and luggage, cargo by buses, trams, trolleybuses, cars, trucks without issuing a waybill for the corresponding vehicle.
The second paragraph of this article contains situations in which driving vehicles is prohibited:
- transportation of passengers and luggage;
- transportation of goods.
Let's consider the concepts passenger, baggage and cargo:
1) luggage – passenger’s belongings accepted for transportation in the prescribed manner;
3) cargo – a material object accepted for transportation in the prescribed manner;
12) passenger - an individual who has entered into an agreement for the carriage of a passenger, or an individual for the purpose of whose transportation a vehicle charter agreement has been concluded;
How long is the ticket issued for?
Filling out travel forms every day is a rather labor-intensive task. Especially for small organizations where there is no separate dispatcher. Therefore, the question arises, is it possible to book a trip for several days ?
The answer to this is given in paragraph 10 of the order of the Ministry of Transport of the Russian Federation “On approval of mandatory details and the procedure for filling out waybills”:
10. The waybill is issued before the start of the trip, if the duration of the vehicle driver’s trip exceeds the duration of the shift (working day), or before the start of the first trip, if during the shift (working day) the vehicle driver makes one or more trips.
Thus, a waybill is issued:
- for 1 day, if the flight duration is 1 day or several flights are performed per day.
- for 1 flight, if the flight duration exceeds 1 day.
For example, if a driver goes on a long trip across the country, the duration of which is 2 months, then the waybill is issued only before the start of this trip.
As for organizations whose cars return to the parking lot every day, they must issue waybills every day.
Note. Until March 1, 2020, a waybill could be issued for a period not exceeding one month.
Medic's Mark
All drivers working for hire must undergo mandatory pre-trip medical examinations. A note indicating that such an inspection has been completed is placed on the waybill.
Pre-trip medical examination
Technical inspector's mark
If the vehicle is engaged in the transportation of passengers or cargo, then it must undergo a pre-trip inspection of its technical condition, a note about which is also placed on the ticket:
Pre-trip technical control
How to fill out a waybill?
In 2020, there is no standard travel form. Therefore, each organization can develop its own form. It should be noted that there are mandatory details that must be present in any waybill.
Instructions for issuing a waybill
Penalty for lack of waybill
Well, the last issue that will be discussed in this article is the fine for the lack of a waybill. The punishment is provided for in Part 2 of Article 12.3 of the Code of Administrative Offenses and is a warning or a fine in the amount of 500 rubles .
Good luck on the roads!
Source: https://pddmaster.ru/avtomobili/osobennosti-ispolzovaniya-putevyh-listov.html
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.
Penalties
The Code of Administrative Offenses of the Russian Federation specifies the fine for the absence of a waybill. The recovery amount starts from 500 rubles. Sometimes a traffic police officer may limit himself to a simple penalty. In this case, punishment may follow not only for the absence of a document, but also for errors in its execution.
The legislation clearly defines what fine can be imposed for the absence of a waybill:
- If the driver is responsible for the vehicle, he may be given an order to correct the defects or a fine of 500 rubles.
- If responsibility for the car is imposed on an official of the company, then the punishment for non-compliance with the law will be much more severe. In this case, a fine of 20 thousand rubles is imposed.
- If drivers of cars belonging to a legal entity do not have a waybill, the fine for the organization can reach 100 thousand rubles.
The private entrepreneur who has registered the individual entrepreneur bears full responsibility. Even if he is not a legal entity, he can be punished to the fullest extent of the law.
What a punishment
Administrative legislation provides for a fine for the absence of a waybill (Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation).
The fine amount is 500 rubles . no matter who the culprit is or an ordinary citizen, or an individual entrepreneur, or an organization. It also doesn’t matter which car doesn’t have a document. The fine for not having a waybill for a truck is the same as in the case of a bus or car.
No other enforcement measures are provided. That is, the traffic police officer does not have the right to remove from control, arrest the vehicle, or take other measures.
Additional Responsibility
At the same time, the absence of a waybill is a reason for drawing up documents about the presence of several more violations.
- Failure to undergo a medical examination before departure. Pre-trip inspection must be organized by the owner (tenant) of the vehicle. Most often these are the driver's employers. Failure to conduct a medical examination at all as such is punishable by a fine of 30,000 to 50,000 rubles. (Article 11.32 of the Code of Administrative Offenses of the Russian Federation).
- Violation of registration of the results of the pre-trip medical examination. The results of the medical examination are included in the waybill. In the absence of a medical examination in the waybill, as well as in the absence of the document itself (even if the examination actually took place), a fine of 30,000 rubles . And if the inspection should be organized by an ordinary individual, then the amount of the penalty is 3,000 rubles . (Part 2 of Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation).
- Lack of control over the technical condition of transport. Commercial vehicles transporting people and cargo are required to undergo technical inspection before being released for a shift. A note about successful completion is made on the waybill. If it is not there, then the inspection is not completed properly. For which a fine of 30,000 rubles is provided for a legal entity, this is for organizations and entrepreneurs. For citizens – 3000 rubles. (Part 3 of Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation).
Thus, the absence of a waybill can lead to a large summary fine.
For example, a commercial truck was delivering food to a hypermarket. While checking the driver's documents, the traffic police officer discovered that there was no waybill. The transport organization ensured the passage of a medical examination and technical condition, but did not draw up a waybill and did not issue it to the driver, and the driver left for the trip without a document. The fine for the organization will be 60,000 rubles. for failure to complete inspections (30 thousand for a medical examination and 30 thousand for a technical inspection), and the driver 500 rubles. for driving a car without a waybill.
The fines for legal entities and individual entrepreneurs are the same. However, in addition to the organization, I impose sanctions on its officials (director, head of the transport department, etc.). This amount increases the amount of fines for lack of medical examination and technical control by 5 thousand rubles .
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.
IP truck waybill for individual entrepreneurs
If an entrepreneur uses trucks in his activities, he must keep records of fuel consumption, pay wages to drivers and make payments for transportation with customers. Such problems are solved by drawing up a waybill - for individual entrepreneurs it is necessary to draw up a form for a period of 1 day to 1 month.
Note! The most common and convenient option for filling out travel forms is daily. However, if the driver is not able to return to the garage every time after completing tasks, it is possible to draw up a document for a long period with closure upon the provision of services.
As a form for a truck waybill for individual entrepreneurs, the PG-1 form, approved by the Ministry of Transport in order No. 68 of June 30, 2000, can be used. It has now been canceled - after the introduction of order No. 152 of September 18, 2008, this normative act lost force and became the relevant forms according to decree No. 78 are forms 4-C or 4-P. Since 2013, Law No. 402-FZ came into force, establishing the right of business entities to develop and approve primary documentation themselves.
From now on, individual entrepreneurs can create travel forms themselves in compliance with the requirements of Law No. 402-FZ and Order No. 152. Or use any of the existing forms, focusing on ease of use. It should be taken into account that the 4-C form is recommended for working with special equipment; 4-P – for individual entrepreneurs who practice hourly payment with drivers; PG-1 - for individual entrepreneurs who independently perform cargo transportation services or use transport for their own production purposes.
Working with clients
The truck is often used by individual entrepreneurs to satisfy customer requests. Such work must also be recorded. For this purpose, there is a section that describes the driver’s work and how the vehicle is operated.
In completely different situations, traffic police fines may be imposed. The absence of a waybill when transporting goods is a violation. Therefore, it is necessary to have it and fill out the appropriate fields correctly. The paper must contain the following information:
- information about the customer;
- starting point of movement;
- the end point of the journey;
- duration of the trip;
- distance;
- nature of the cargo.
After the end of the trip, summary information about the work done is indicated. Information about the exact mileage and total working time of the driver, as well as about all transported goods should be recorded here.
Fine for not having a taxi driver's waybill
Strict compliance with all laws requires the carriage of passengers. Without a correctly completed waybill, an entrepreneur or his hired employee cannot go on line. If transportation was nevertheless carried out, it is difficult to later confirm the amount of work performed. The paper must be issued at the beginning of the working day by the dispatcher. Next, the driver fills out the document independently. It is on the basis of such records that salaries are calculated and revenue is reconciled.
Taxi drivers do not have strict requirements for the form for the waybill. You can use your own development or use a standard one. The main thing is that the details comply with all standards.
A fine for the taxi driver not having a waybill is imposed on the responsible person. Therefore, most often the amount is 20 thousand rubles. Dispatchers do not have the right to release cars onto the line without this document. At the same time, the duration of the trip is not regulated in any way. Usually paper is issued for one shift. But the document is issued for a specific person, and not for a car. This is due to the fact that several employees may use a car during the day, and records must be kept for each driver.
Waybill for an individual entrepreneur: form
Developing a waybill form for individual entrepreneurs is a labor-intensive task that requires a certain amount of time. For your convenience, our website specialists have developed a form for an individual entrepreneur’s travel document that meets all mandatory requirements. You can download it by following the link.
To learn about the features of storing waybills, read the article “What is the shelf life of waybills (nuances)?”
Responsibility of bus owners
Unlike passenger cars and trucks, which are used for business activities, a specific waybill form has been developed for bus drivers. It is a form PA-1, which was developed by the Ministry of Transport. In 2008, the document was finalized and appropriate changes were made to it. A waybill is necessary to monitor the driver’s route and calculate his remuneration. A traffic police officer can check the availability of the following data:
- flight departure time;
- speedometer readings;
- customer name;
- full route.
The sheet is issued in the morning by the dispatcher. The driver then enters the necessary data and at the end of the working day transfers the paper to the accounting department.
In what order is the waybill used?
There are several main purposes for which the use of a waybill is advisable - calculating wages to the driver, carrying out settlement transactions with customers, writing off money for fuel resources, lubricants. As part of the requirements of tax control officials, a person driving a freight transport must show his waybill and other documents reflecting the characteristics of the work and the goods. This fact is indicated in the traffic rules. In the case of transporting special cargo, the documents must be marked “dangerous cargo.”
UTII cargo transportation and transport services
When commercial transportation is carried out, waybills are drawn up on the basis of an order from the country's Ministry of Transport. The procedure defined by this document acts as a mandatory rule for entrepreneurs who own transport. If there is a specially trained hired employee, the driver can act in several ways - issue waybills independently or appoint a special responsible person to perform these actions. It is better to use the second option, especially if the employee has undergone specialized training and knows exactly how, who and when should issue the appropriate forms.
The waybill for a truck of an individual entrepreneur is issued strictly according to the regulations for the 1st current day of work. If a task requires more time, the driver must carry a document with him for a longer period, especially if he is staying outside the place where the truck is located. If it is necessary to prepare a sheet for a passenger car or bus, entrepreneurs use unified forms PL-1, PA-1. Due to the fact that the form of the sheet is not mandatory, such types of documentation as 4-C and 4-P may also be used. Documentation is completed in one version and without copies. The main thing is to establish internal document flow rules for the use of certain forms at a specific enterprise for the provision of transport and related services.
Medical and technical examination
Persons involved in the transport of people must undergo regular pre-trip medical examination. At the same time, the bus is also inspected for possible breakdowns. In this regard, the absence of a medical worker’s and mechanic’s seal is considered a gross violation.
Thus, not only a fine is imposed for the absence of a waybill for an individual entrepreneur, but also for the absence of the necessary stamps on it. The recovery amount varies. For officials, the fine can reach 5 thousand rubles. The organization may be subject to a penalty of up to 30 thousand rubles.
Medical examination of the driver and technical examination of the vehicle are fundamental factors for the legal transportation of people. Even if the order is placed remotely, the responsibility from the driver and his employer is not relieved.
Latest news on new waybills from March 01, 2020
When filling out a travel route, there are important points : information about the starting and ending points, intermediate points of the route should be as detailed as possible - include the exact address, name of the client, counterparty, department, time of arrival and departure from the destination, mileage.
Canceling stamps
Information about the type, make (model) of the vehicle, state registration plates is required to be filled out in the voucher . This data is unique for each vehicle and allows it to be uniquely identified.
There are also opposing opinions of the courts that a pre-trip medical examination is not necessary for persons working as drivers, whose official duties do not include the duties of drivers (Appeal ruling of the Moscow City Court dated September 18, 2020 No. 33a-6141/2020).
The method of filling out waybills is not established by Order of the Ministry of Transport of Russia dated September 18, 2008 No. 152. However, from the provisions of this document it follows that the dates and times of the pre-trip and post-trip medical examination of the driver are entered by the medical worker who conducted the relevant examination and certified with his signature indicating the surname and initials. The date and time of the pre-trip or pre-shift inspection of the technical condition of a vehicle must be entered by the inspector of the technical condition of vehicles who carried out the corresponding control and certified with his signature indicating the surname and initials. Thus, all notes from the physician and technical controller can only be made by hand.
Rules for filling out waybills
It is not at all necessary for an individual entrepreneur to strictly adhere to printed forms. However, the driver may receive a fine if the necessary details are not provided on the paper. The main ones are:
- The name of the document and its registration number.
- When the document was issued and its validity period. If the waybill is daily, then it is issued at the beginning of the driver’s shift. For long trips, you must indicate the validity period of the paper.
- Full information about the owner of the car: his full name, phone number and address.
- Information about the vehicle: name of the car, its license plate number, body type, model and odometer data.
- Date of shift and time of start and end of the journey.
- Driver information: full name, stamp confirming pre-trip inspection. After work, it is also necessary to undergo a medical examination, the details of which are entered into the waybill.
We are filling out travel forms from March 1, 2020 in a new way
- Name and number of the document.
- Validity period determined based on:
- flight start date (if it takes place within 24 hours);
- start and end dates of the flight (if it takes more than 24 hours).
- Information about the owner of the vehicle for which the sheet is being drawn up:
- name of the legal entity (full name, individual entrepreneur);
- address, telephone;
- Unified State Register of Legal Entities (USRIP) number.
- Information about the vehicle itself:
- type;
- model (and trailer model, if used);
- number;
- odometer data - at the time of leaving the parking lot and at the time of returning to the parking lot;
- date and time of leaving the parking lot and returning to the parking space;
- date and time of technical control (if there is a need for it).
- Information about the vehicle driver:
- FULL NAME.;
- dates and times of medical examinations - pre-trip and post-trip.
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The company also has the right to place any other details on the sheet at its discretion.
Waybill: which form to use
The form of the sheet used by the enterprise must contain columns in which it is possible to reflect information in accordance with the new edition of Order No. 152. We will consider a sample of the new waybill - 2020 further.
Medical workers who examine drivers before and after departure set the date and time for pre- and post-trip medical examinations. They also certify the information with their signatures with full name or stamps.
Please note: when independently creating a new form, in addition to the details necessary for the work, the company must include the required details. They are listed in Order 152 of the Ministry of Transport of the Russian Federation dated September 18, 2008. The form must also comply with the requirements of the Law on Accounting of December 6, 2011. The company must reflect the use of a specific form in its accounting policies.
General procedure for issuing travel documents for 2020
The form of waybills for 2020 was approved by the State Statistics Committee on November 28, 1997 by order No. 78. Now these forms are not mandatory for use. If necessary, the company has the right to develop forms independently, using those from the State Statistics Committee as a basis.
- document's name;
- serial number;
- information about the period for which the waybill was issued;
- information about the car owner;
- vehicle data, i.e. its type and model, state number;
- information about mileage at the beginning and end of the working day;
- date and time at which the car left the parking lot and at which it returned;
- personal signature and its transcript of the employee who controls the vehicle’s mileage and operating time;
- information about the driver;
- doctor's note on the driver's examination;
- a note stating that the vehicle underwent technical inspection before starting work, indicating the date and time of such inspection;
- personal signature and its transcript of the employee releasing the car for departure.
It will also significantly simplify the work of the driver, who now has the opportunity to take into account the total cost of fuel spent on the journey and determine the exact balance. The presence of this program is not necessary, because new forms can be completed manually.
Using a company car for personal purposes
And so, for this, let's remember the Decree of the Government of the Russian Federation No. 1156 of November 12, 2012, which canceled paragraph four of clause 2.1.1 of the Traffic Regulations of the Russian Federation. Let us remind you that this clause regulates the list of documents that the driver of the car is obliged to carry with him and present them to the police at the first request.
Medical examination notes no longer require a doctor's stamp. All you need is a signature and decryption. Previously, the procedure required the signature and full name of the medical examination to be certified with the stamp of the medical worker who conducted the examination.
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.
Punishment for incorrectly issued waybill
When checking all the necessary documents, the traffic police officer will pay attention to the correctness of their completion. To avoid a fine, it is important to enter all the required details. There are uniform requirements for the preparation of waybills. It is useful for all entrepreneurs to familiarize themselves with them:
- The document is filled out for each vehicle that is used in the work.
- The processing time can vary from one day to a month.
- Each driver is issued his own form, even if he uses one car.
- The sheet must contain detailed information about the vehicle, its owner and driver.
- The stamp of the organization or individual entrepreneur is required. The fine for a legal entity for not having a waybill is many times higher and depends on the status of the car owner.
- All travel forms must be entered into the registration log and stored for at least five years.
A penalty will be imposed on an organization or individual entrepreneur if at least one of the points is not observed. In this case, a warning may be issued for the first violation, and a fine for a repeated violation.
Passenger car waybill 2020 / Fine for driving without a waybill
This document gives the right to drive a car and contains all the information about it and the owner. Thanks to the waybill, companies monitor the driver’s activities, monitor gasoline consumption, and calculate the car’s mileage.
A waybill is a document that gives a person the right to drive a car. It contains the following information:
Waybill, what is it
1. Name of the organization that issued the paper.
2. Full name of the driver driving the car.
3. Information about the vehicle.
4. The route of the car.
Using the waybill, the organization checks the driver’s work, the consumption of fuel and lubricants, and the vehicle’s mileage.
There is a list of details that must be reflected in this document; it is regulated by Federal Law No. 152 and the corresponding resolution adopted by the Ministry of Transport.
Organizations have the right to independently decide on the choice of a specific form of guide sheet. This may be a form approved by the authorities or created individually. When choosing the second option, you must meet all requirements.
At the same time, it is not prohibited to use the universal version of the document, which is approved by the State Statistics Committee.
How long are waybills stored?
The shelf life of the submarine is at least 5 years. This means that any company can extend this period. One of the points of the order of the Ministry of Transport states that the waybill can be stored for 5 years, subject to control by the regulatory authority or inspection during the specified time period.
If no inspection has been carried out within 5 years, the organization is deprived of the right to use waybills. PL belongs to the primary documentation, for this reason its storage period is established by the Tax Code of Russia and the legislative act on accounting No. 402, adopted on November 4, 2014.
The Tax Code states that you need to keep a waybill for at least 4 years. The legislative act on accounting extends this period by another year.
If the company’s work is not related to the provision of motor transport services, they can issue a license for a minimum period of 1 to 30 days. Transport organizations are required to issue this document every day, with the exception of employee business trips. If an employee is sent somewhere on behalf of the company, a PL is issued for the entire period of the business trip.
Who needs a waybill when working?
The legislation of the Russian Federation states that the use of transport without a submarine is prohibited in the following situations:
1. if the car is used to transport female passengers;
2. when delivering luggage and cargo.
This document is mandatory for trams, trolleybuses and buses.
In some cases, an employee of an organization does not hold a driving position, does not carry out passenger or cargo transportation, but simply uses a vehicle for work to move around.
In this regard, the question arises: is there a fine for operating a car without a submarine? It is difficult to give an unambiguous answer; in some cases, the absence of this document is acceptable. But it is important to take into account that representatives of the State Traffic Inspectorate request a license if the car is registered to an organization or individual. person, and the driver uses it for personal purposes. In such situations, you often have to go to court to defend your position.
To avoid such problems and proceedings in the courts, it is recommended to issue PL to drivers. This will save time and prevent conflicts with traffic police representatives.
The presence of a waybill is also recommended for persons engaged in private business activities if they use their cars for work purposes, transport goods or passengers.
The only exception is the case when a physical a person operates a vehicle for his own needs or issues a power of attorney to another person.
What is the punishment for the absence of a submarine?
For an absent DP, the Code of Administrative Offenses of the Russian Federation prescribes penalties. In such cases, fines starting from 500 rubles are issued, sometimes limited to a simple warning.
Punishment in the form of fines is also imposed for incorrect execution of the document.
The legislation provides for the following fines:
If the responsibility for the vehicle lies with the driver, he will have to pay from 500 rubles. Perhaps everything will be limited to a warning.
If a company official is brought to justice, the fine can reach 20 thousand rubles.
Legal entities are issued fines in the amount of 100 thousand rubles.
Sometimes all 3 positions are performed simultaneously.
Private entrepreneurs bear full responsibility, even if they are legal entities.
If a company does not want to fill out the PL every day, it is recommended that it issue powers of attorney. It is necessary to take into account one nuance, in terms of saving money, the DP is a more reliable confirmation compared to receipts issued at gas stations.
Punishment for absent PL for individual entrepreneurs
The maximum fine for individual entrepreneurs is 100 thousand rubles. It is issued regardless of whether we are talking about the same person or different ones.
The penalty for operating a car without a submarine is impressive. It is important to control the availability of the document and the correctness of its execution.
For legal entities
In addition to general cases in which a waybill is required, the issuance of this document is also necessary when using company vehicles by company employees.
The absence of a license plate for legal entities is fraught with a fine, regardless of the intended purpose of the transport. When traveling, vehicles must be equipped with submarines.
What are the consequences of incorrect design?
Registration of a DP with errors is fraught with a fine in the amount of 3 to 30 thousand rubles. There are certain rules for filling out this document:
1. Issued for each vehicle that is used by an individual entrepreneur or legal entity. face for ground vehicles.
2. Issued for a period of 1 to 30 days, but no more.
3. When using shift mode in an organization, a separate document is issued for each driver.
4. The PL must contain information about the vehicle and the certificate number.
5. Availability of the seal of an individual entrepreneur or legal entity. faces are required.
6. The date and time of departure is noted.
7. Indicate the number of medical examinations of the driver and information about the medical worker.
8. PL forms are entered in the registration book.
9. Documents are stored for 5 years or more.
If these instructions are ignored, the traffic police representative has the right to issue a penalty.
Lack of medical examination stamp
The amount of the fine for the absence of a stamp on medical examination in the DP is from 30 thousand rubles. for enterprises. The official will have to pay 5 thousand rubles.
When registering a trip remotely, it is not possible to put a stamp, but this does not relieve responsibility.
Failure to comply with regulations is punishable by fines.
A medical examination of drivers is a mandatory condition for transportation.
Fines for missing submarines for trucks
When sending a truck on its way, the license plate is required to be issued. Neglect of this requirement is fraught with a fine of 500 to 100 thousand rubles. The amount of punishment depends on the subject.
Missing license plate for a passenger car
If the car is owned by an individual and is used for personal needs, it is not necessary to issue a waybill. This document is not required for passenger cars and legal entities or car owners.
If necessary, a power of attorney can be issued to the driver, eliminating the need for a driver. In such cases, neither drivers nor owners face penalties.
Waybills for passenger vehicles are issued when carrying out cargo transportation and delivering passengers. This requirement also applies to passenger taxis.
Failure to comply with this condition is fraught with a fine of up to 100 thousand rubles. In accordance with the requirements of the 2020 legislation, legal entities, along with individual entrepreneurs, engaged in transportation must carry out medical examinations of drivers before and after flights, and check the technical condition of vehicles.
A missing mechanic's signature is considered a violation. If the waybill is not issued by the individual entrepreneur or the company will have to pay a fine. Its amount depends on the article that the traffic police officer decides to refer to when drawing up the protocol. Penalties can be significant; therefore, you should prepare travel forms in advance and check that they are filled out correctly.
Does the boss need a waybill?
If an individual entrepreneur is his own boss and uses the car for his own needs, then he has no need to fill out forms. He can also transfer the car to another driver by proxy. In this case, there will also be no penalties.
However, if the owner of the car uses it to transport people or goods, then the traffic police officer has the right to demand the appropriate document. Also, a person who transports passengers is required to regularly undergo a pre-trip inspection of his car and medical supervision. Otherwise, such activity is considered illegal and is punishable by a fine of up to 100 thousand rubles.
What is the penalty for its absence?
The waybill is stored for five years. If the document is executed incorrectly or is missing altogether, both persons - the entrepreneur and the driver - are liable, but penalties in the form of penalties are imposed on the businessman.
Penalties for the absence of a document are specified in the Code of Administrative Offenses of the Russian Federation. Specific values:
- The driver is responsible for the car and will be given a fine of 500 rubles* or a warning;
- the head of the company is responsible for the vehicle, he will pay sanctions in the amount of 20 thousand rubles;
- a legal entity will be fined up to 100 thousand rubles;
- sanctions for an incorrectly filled out voucher range from 3,000 to 30 thousand rubles.
If a company uses vehicles in its activities, its manager is obliged to issue a waybill. A unified form for entrepreneurship has not been developed, so businessmen can use standard forms by entering the required details. The second option is possible - to compose the PL of the car yourself. The only condition for filling out the voucher is that it must meet the requirements of Order No. 152.
*Prices are as of July, 2020.
