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 is a waybill

A waybill is a document that gives an employee the right to drive a company car. It is compiled by the organization’s dispatcher and indicates the driver’s name, work time, purpose of the trip, fuel consumed, data on pre-trip technical and medical control, route, and more.

Until 2013, there was an approved form of the sheet, now it is free - the main thing is to indicate everything necessary in it:

sheet number;
validity period - a specific day or the beginning and end of the period, if there are several days;
about the organization: name, address, telephone number, INN;
about the car: type, make, model, license plate number, number on the speedometer at departure and arrival, date and time of technical control, release to the line and return;
about the driver: full name, date and time of medical examination;
about transportation: type of message and transportation.

The document helps the organization take into account operating time and fuel consumption, and monitor the driver’s work. If the company operates on a general taxation system or a simplified tax system with a tax of 15%, expenses on the sheet can be deducted from taxes. To do this, you need to save receipts from the gas station.

For the traffic police and other control organizations, a waybill is proof that the driver and car do not pose a danger to traffic.

Form of waybill by order of the Ministry of Transport of the Russian Federation. You can use it or another - the main thing is to indicate this data

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:

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.
Pre-trip medical examination of an employee driving a vehicle. In addition to him, officials and the organization itself bear responsibility.
Technical control of the vehicle before departure. Punishment for the offense is imposed, among other things, on the transport company.
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.

In what cases is a waybill needed?

There are three cases with a waybill.

Mandatory registration:

commercial transportation of goods by cars or trucks;
transportation of people and luggage by buses and trolleybuses;
a taxi waybill is also required.

At the same time, one should not confuse driving a car in official mode and for personal purposes.

For example , a citizen has a personal car, which is used as a taxi. After working a shift, he comes to the organization, hands over documentation and revenue, and undergoes post-trip inspections. And then he heads home in his car, but no longer as a taxi driver. Having stopped such a driver, the traffic police officer has no right to demand a waybill from him and accordingly punish him for his absence.

Optional registration. A personal car is used for business purposes. Having stopped such a driver, the traffic police officer will not be able to determine that the driver is driving on official business. Therefore, a ticket will not be required. Unless, of course, there is official cargo in the trunk with shipping documents for it.

Often, vouchers for such trips are issued at the insistence of the employer in order to maintain strict financial records and control over labor discipline.

No drafting required. The car is used by an ordinary citizen for personal and family needs. Even if it is used to transport cargo (for example, household appliances during a move) or passengers (for example, a trip with relatives on vacation), this does not entail the need to prepare such documentation.

There is also no waybill provided for a driver who borrowed a car from a friend, or rented it, etc.

Do I need a waybill for a truck?

A truck needs a submarine only when the vehicle is used for commercial purposes. If the car is moving without a load and the driver explains that he is using the car for himself, then there is no violation. True, a traffic police officer can take action to verify these facts. For this, an administrative case is initiated, the owner may be asked to register the DP, invoices, witnesses may be questioned, etc.

Do I need a license for a car owned by a legal entity?

Again, if the car transports business cargo and passengers.

Often such cars are used by business managers or individual workers for themselves. This includes driving this type of transport to work. In these cases, a waybill is not required.

But here difficulties arise in communicating with traffic police officers. Sometimes it takes a long time to prove the absence of commercial purposes in operating a car.

The way out of this situation is to draw up a lease agreement or power of attorney from the organization to an individual (employee, manager). This agreement or power of attorney simply states that transport is provided to the employee/manager for his own needs not related to the activities of the company.

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.

Who and under what circumstances has the right to demand verification of the waybill.

The fine for driving without a waybill, based on current legislation (according to Administrative Code 12.3), is five hundred rubles . Instead of imposing a fine, the traffic police inspector has the right to issue a verbal warning to the driver.

The following regulatory authorities have the right to request and check the waybill:

Labor inspection , when there are facts or grounds to suspect the employer of violating the labor code in relation to employees.
Tax office , when it is necessary to check whether the organization correctly takes into account the costs of fuel and fuel and lubricants, and if a reduction in income tax is announced, then confirmation of the fact of a drop in profits. Tax officials can check travel documents during any (scheduled, extraordinary) audits.
An employee of the traffic police or Transnadzor , directly on the roads, with drivers performing commercial flights, during document checks (does the driver have a license, on what basis is he driving a car belonging to the organization - that same trip on a waybill, etc.) .

From a specialist's point of view

Nikita Ignatiev

Lawyer. Work experience in the specialty is 14 years. Direction: family, inheritance, civil law.

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Taxi drivers are also required to travel according to waybills , regardless of whether they are private owners (an officially registered individual entrepreneur) or work in one of the large taxi companies (the same Yandex. Taxi, Uber and other aggregators). A waybill must be issued to every vehicle that carries out any commercial transportation (of goods, people) both as part of a legal entity and as an individual entrepreneur. And it doesn’t matter where such a car is driven - in the city, in the suburbs or on an intercity route, the driver must always have a waybill.

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In addition, a taxi driver working privately (as an individual entrepreneur) can draw up his own waybill based on the above sample and guided by his needs. But it should be taken into account that legally significant points cannot be excluded from the document, otherwise such a waybill will not have legal force.

The fine for driving without a waybill is 500 rubles . This value is the same for private owners (taxi drivers and others) and for drivers working at state-owned enterprises. For driving without a waybill, a traffic police officer cannot take the car to the impound lot. There is no such penalty for this violation.

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:

Who can check travel documents?

Waybills perform tasks from various areas of law, which is why they are checked by various control organizations:

Road Safety Inspectorate and Transnadzor - they monitor whether traffic rules are violated, whether the driver legally operates the vehicle and carries out transportation.
Tax service - a sheet may be required when a desk or field audit is carried out. Service employees ensure that the tax-free amount declared by a company or individual entrepreneur for fuel and lubricants is justified.
State Labor Inspectorate - conducts an inspection if there is reason to believe that an employee’s rights have been violated.

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:

Remove any TAXI identification signs: remove the orange light from the roof, turn off the green signal - “free”.
Move only in the general flow, and not in a dedicated lane.
Do not board/disembark passengers. If video cameras record this, you won’t prove anything later.
Do not take orders from aggregators or taxi fleet managers.
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.

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The amount of the fine for the absence of a waybill is prescribed in the Code of Administrative Offenses of the Russian Federation.

When issuing a fine, the traffic police may rely on two articles:

Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation.

Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation.

According to Article 12.3, the driver is responsible for the vehicle. Therefore, a traffic police officer can issue a fine for driving without a waybill in the amount of 500 rubles.

According to Article 12.31.1, the fine is 20,000 rubles. in case of prosecution of an official of the enterprise. The fine can reach 100,000 rubles when the legal entity is personally responsible.

Therefore - do not wait for the license to be revoked - immediately report the incident on the line!!!!

Penalties are applied not only for the absence of a travel document, but also for incorrect execution of this document. According to Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation, in the absence of an appropriate mark from the doctor on the waybill about the driver’s medical examination, the organization can be fined 30,000 rubles, and its official - 5,000. The same amount of fine awaits the enterprise if the technical inspection rules are violated car.

It is worth remembering that if the absence of a waybill is detected, both the driver and the legal entity can be fined immediately under the two articles given above.

It is necessary to pay special attention to the note in Article 12.31.1, which states that a private entrepreneur who has not registered legally bears full responsibility, regardless of whether he is

legal entity or not. Thus, the fine can reach 100,000 rubles quite legally. Individual entrepreneurs should pay close attention to the waybill, ensure its availability and correct execution.

We draw the conclusions from the above: first of all, for legal entities who do not want to fill out travel forms on a daily or monthly basis, a document such as a power of attorney is required. There are practically no differences between ordinary powers of attorney and powers from legal entities. The only difference can be the details of the principal and the seal with the signature of the manager. There are also several differences in the first part of the power of attorney. A sample of this document is available on the Internet. Filling it out according to the example will not be difficult. It is necessary to indicate the data of the person who trusts the car, the data of the person to whom it is trusted, and the characteristics of the car that is given for use.

One of the open questions today remains fuel consumption. Accountants are very disapproving of receipts from gas stations that are stamped with a weekend or night date. It is believed that if the car is working, then it must be used and refueled only during working hours. The Tax Service believes that the car should be used for work only during working hours, as stated in the Labor Code.

However, if you know the Tax Code well enough, then, based on Article No. 264, “an enterprise can count expenses for the purchase of fuel if the car is used for work purposes.” Article No. 254 states that “... the composition of material waste, if these waste are related to the main activities of the enterprise.” Also Art. No. 252 “the costs of an enterprise are expenses that are documented and carried out

taxpayer, and they are produced for the profit of the organization.” The main thing now remains to prove that all activities are performed for the sake of this. Therefore, in addition to the waybill and documents that justify expenses for the purchase of fuel, documents will be required that confirm the employee’s attitude to work activities during non-working hours. Such documentation may include an employment contract, rules established within the company, and an order on overtime work.

Thus, the law does not clearly state that the cost of refueling a car should only be during working hours, so if you have a good knowledge of the laws and the Tax and Labor Code, you can calmly argue and document every action related to the costs of the enterprise.

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.

Who needs a waybill

Paper is not necessary in all cases of vehicle ownership. Thus, it is necessary to issue an LP only when carrying out commercial activities in the following areas:

transportation of people;
transportation of various kinds of objects;
provision of public transport services.

Owners of organizations are often interested in the question of whether a waybill is needed when an employee uses a company car for the convenience of carrying out assignments. Officially, such operation of a vehicle does not imply any type of liability. However, road officials often try to impose an unlawful fine for such actions. In such cases, it is necessary to send a complaint to the judicial authorities.

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

Administrative offense	Citizens	Officials	Legal entities and individual entrepreneurs
Qualification of workers (part 1)	20,000 rub.	100,000 rub.
Lack of medical examinations (part 2)	3,000 rub.	5,000 rub.	30,000 rub.
Lack of technical inspection (part 3)	3,000 rub.	5,000 rub.	30,000 rub.

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.

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 .

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.

The procedure for assigning a fine to various categories of violators

Fine for driving without a “ticket” for individual entrepreneurs and self-employed people

There are no separate fines for the absence of a waybill for individual entrepreneurs; all sanctions are specified in Part 2 of Art. 12.3 Code of Administrative Offenses of the Russian Federation. An individual entrepreneur, based on Order No. 152, needs this document without fail, but there is no talk about the self-employed in this regulatory act, from which we can conclude that it is not necessary to draw up the document. But the practice of applying this provision has not yet been established.

Now self-employed people cannot obtain a taxi permit without registering as an individual entrepreneur. The head of Yandex.Taxi has already made a proposal to legislators to equalize individual entrepreneurs and self-employed people in this regard and introduce electronic “vouchers” for ease of registration.

It is necessary to take into account that for the purpose of applying the Code of Administrative Offenses of the Russian Federation for such offenses, an individual entrepreneur (Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation) is equated to a legal entity.

For legal entities

Traffic police officers have the right to impose a fine on an organization for the absence of a waybill for its driver. If according to Part 2 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, the driver faces punishment, then the legal entity is already attracted under Art. 12.31.1 (the article contains several parts that provide for punishment for violating the rules for registering a driver’s departure, including failure to comply with qualification requirements and other safety rules), and the amount of the fine increases: for officials - up to 20,000 rubles, for legal entities - 100 000 rubles.

For an incorrectly formatted sheet

It all depends on what design violations were committed. If there is no information about passing a medical examination, you face a fine under Part 2 of Art. 12.31.1 Code of Administrative Offenses of the Russian Federation, if there is no mark on passing technical control - under Part 3 of Art. 12.31.1 Code of Administrative Offenses of the Russian Federation (punishments: for an individual - 3,000 rubles, for a legal entity - 35,000).

For lack of a medical examination stamp

A specific norm of the Code of Administrative Offenses of the Russian Federation introduces a fine for the absence of a medical examination in the waybill; this is part 2 of Art. 12.31.1. Individuals face a fine of 3,000 rubles, officials - 5,000 rubles, organizations and enterprises - 35,000 rubles.

For lack of a “ticket” for a truck driver

A similar procedure applies when a fine is imposed for the absence of a truck waybill. When carrying out commercial transportation, a waybill is required regardless of whether the vehicle is a truck or a passenger car: both of these types of vehicles are specified in the Motor Transport Charter, and no exceptions are made in Order of the Ministry of Transport No. 152.

What is the fine?

The driver of the car will be responsible for not having a waybill with him. This punishment has a relatively low social danger, so the driver does not face deprivation of his license. The punishment is assigned as follows:

the protocol must be reviewed no later than 15 days from the moment of its execution - during this period, information about the owner, the reasons for the absence of a waybill and other circumstances will be requested;
consideration of cases is within the competence of officials of the State Traffic Safety Inspectorate (MVD), and the driver is notified of the time and place of the proceedings when drawing up a protocol, or by a separate summons;
if the offense is committed for the first time and is of a minor nature, a warning is allowed - it is included in the list of main sanctions under Part 2 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation and is announced in writing;
if there is no sign of insignificance, a fine is imposed in a fixed amount - 500 rubles.

You can challenge a decision to impose a fine or warning within 10 days from the date of its receipt. It must be taken into account that the fact that the driver forgot the issued waybill at the workplace is not a basis for terminating the case or canceling the decision. To impose a penalty, it is enough to confirm that the driver did not have the sheet at the time of checking the documents.

From the contents of the waybill, information about other traffic violations can be established. responsibility for which will be borne by officials of the enterprise or the legal entity itself. For example, if there is no mark on passing a pre-trip technical inspection, the punishment will follow under Art. 12.31.1 of the Code of Administrative Offenses of the Russian Federation, and the fine for an enterprise can reach 30,000 rubles.

The fine must be paid by the offender himself. The law gives no more than 60 days for voluntary payment. If the payment is not received by the budget within the specified period, the sanction will be enforced. The resolution is sent to the FSSP service, after which the deduction occurs at the expense of the debtor’s salary or property assets.

A fine is imposed for each detected fact of operating a car without a waybill. If the violation is of a continuing nature (for example, when driving a car for one day), only one report can be drawn up. However, similar enforcement measures may follow the very next day if the driver again does not have the specified document with him.