You don’t have to pay fines for “Platon” - Lawyer advocat1

What is the Plato system, why was it created

Plato is a system of tolls on federal highways to compensate for the damage caused to the road surface by heavy vehicles. Charged to owners of trucks weighing more than 12 tons. Spent on road repairs and construction.

How does the Plato system work?

The law obliges truck owners to register with the toll collection system. When registering, you must attach a package of documents. After that, the user’s personal account is opened on the official website of the system and a settlement record is created to account for funds.

The fee can be calculated in one of two ways:

Using an on-board device. A special on-board device is installed in the car, which records paid kilometers using satellite communications. Money is debited from the account during the trip for the actual distance traveled. Therefore, before leaving, you must top up your balance.

Pros:

there is no need to issue a route card and coordinate the route each time, the money is debited from the prepaid balance;
It is possible to use postpaid if certain conditions are met (more on this below).

Minuses:

costs for the purchase and installation of an on-board device;
it is necessary to monitor the serviceability of the on-board device;
periodic replacement of the device is necessary;
At the most inopportune moment, the money on your balance sheet runs out.

By drawing up a route map. In this case, before each flight you need to issue a one-time route card. This can be done via the Internet in Plato’s personal account, through a self-service terminal or at user support centers. The map calculates the route along federal highways, which must be paid immediately.

Pros:

no need to monitor the serviceability of the on-board unit;
no need to think about the current balance in the Plato system.

Minuses:

the card must be issued for each flight;
you cannot change the route;
You cannot use postpaid.

Compliance with the rules for using Plato is monitored by special cameras. They are installed on stationary frames and special vehicles. Data from cameras is processed at the Center for Automated Crime Recording.

Recorded violations are sent to Rostransnadzor, which sends out letters with decisions on violations.

Requirements for drivers according to “Plato”

To register in the system, the driver needs to fill out a form on the website or at one of its offices. From the documents you will need a copy of the vehicle registration. Next, within 10 working days , the information provided will be verified.

The driver will receive a login and password to log into Platon, as well as a payment account number. Before departing on your next trip, you need to deposit funds into your current account using a bank card or via a terminal.

You can make payments to s/s “Platon” through special terminals, by credit card via the Internet or at the bank using a receipt.

Next, the system itself will calculate the amount of payment and withdraw the necessary funds from the account.

If the driver does not make advance payments on time, the system records this as an offense, and data about this is sent to the traffic police.

For whom is it required?

Heavy trucks with a maximum permissible weight of over 12 tons are required to pay the Platon tax - Eurotrucks, cargo trailers, domestic KAMAZ and MAZ dump trucks, etc. This value is indicated in the PTS, STS or certification documents for the vehicle.

Which vehicles are exempt from fines for driving without Plato in 2021:

vehicles transporting weapons and military equipment;
buses and other passenger vehicles, except vans;
cars of special services and departments with sound and light signals - the Ministry of Emergency Situations, the Ministry of Internal Affairs, the fire department, emergency rescue, medical and intensive care.

As a rule, tax is paid in advance: the owner deposits money into a personal account according to the tariff, and it is spent as data is received from the car’s on-board unit. A driver traveling to a stop in transit can buy a one-time “ticket” - a route card.

How to register a car in the system

Individual entrepreneurs, as well as managers of private enterprises who are planning to engage in freight transportation, must know the procedure for registering in the Platon system. This will not only eliminate the imposition of a fine for violating the rules, but will also reduce the time for the start of cargo transportation by large-capacity road transport.

You can register in the Platon system at one of the Information Support Centers. They are available in every major city of the Russian Federation, as well as at all automobile border control points at the entrance to Russia. Registration in the system is free; there is also no need to purchase a Platon device, since it will be provided to the truck owner without charging a fee.

The question of whether it is possible to drive a truck without a tachograph has nothing to do with the Plato system. A tachograph is a device that monitors the speed of trucks and passenger vehicles, as well as the working hours of drivers. The tachograph is installed on any vehicle used for commercial transportation, including passenger vehicles and with a carrying capacity of less than 12 tons. The Platon system is intended only for heavy-duty trucks.

Where to check fines for Plato

Checking Plato fines is possible in different ways:

In the personal account of the Platon system, only for users registered in the system.
On the Rostransnadzor website (registration on the website is not required). You will need to enter the organization's tax identification number and vehicle registration certificate.
On the State Services portal. Registration on the portal with confirmation of your account in the MFC is required.

It is better to regularly monitor both the appearance of new fines and the repayment of paid fines for each car in order to eliminate errors and avoid problems with double fines and bailiffs.

Transport companies can monitor fines for Plato, as well as other fines for traffic violations, using a special aggregator Online State Traffic Safety Inspectorate.

the service undertakes to track all new fines of the organization: traffic police, MADI, AMPP, Plato;
automatically pays off new fines of the organization;
tracks the results of payments and displays them in your personal account;
helps identify partially paid orders that cannot be found by standard means;
saves the history of all fines for each car;
notifies about enforcement proceedings on overdue fines.

How does fine control work for organizations?

The service notifies the organization about a fine by email or SMS, and prepares a detailed report on the outstanding fines. Eliminates the need to manually check each machine.

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What will they be fined for?

Despite the fact that the fine for driving without a Plato was reduced (until 2016 it reached 40 thousand rubles), this did not affect the grounds for administrative penalties. In particular, a penalty may be issued if the following reasons exist:

absence of a Platon device or a completed route map in the driver’s cabin;
driving onto a federal highway with a non-working Platon device;
lack of sufficient funds on the device balance to pay for travel;
departure along a different route and on a different day than indicated on the route map.

Many drivers are interested in what the fine will be for not including Platon, and is it possible to include the amount paid for travel on the federal highway in the transport tax? Regarding the first question, the answer is clear: a non-working device gives every reason to impose a fine of 5,000 rubles. The inclusion of the amount paid in the Platon system in the transport tax is allowed on a general basis. Tax cannot be paid off with a fine.

To reduce the amount of transport tax, the truck owner must submit an application to the Federal Tax Service with information about making payments into the Platon system for the reporting period. In this case, only the cost of travel of 12 tons per 1 km on federal highways is taken into account. If the amount paid exceeds the amount of the annual transport tax, then you will not have to pay it. If the payment is less, then this amount is deducted from the tax payment.

Drivers should note that a fine for overloading a truck in 2021 or a fine for oversized cargo is not directly related to the Platon system or administrative penalties for violating the rules of tolls for using federal highways. The grounds and amount of the fine in each of the mentioned cases are determined in accordance with a separate article of the Code of Administrative Offenses of the Russian Federation.

Penalty for absence of Plato

The amount of the fine for non-compliance with the requirements of the Platon system is 5,000 rubles (Article of the Administrative Code 12.21.3). A repeated violation will cost the driver 10,000 rubles, that is, 2 times more. The list of violations includes the system being turned off, as well as its absence.

A repeated violation is considered if committed at least 24 hours later. If the violation is committed on the same day, no fine will be charged.

Fine for non-payment of system or mileage

The amount of the fine in this case is still the same 5,000 rubles. For example, the driver does not pay for the kilometers traveled or deliberately changes the indication of the route traveled.

Initially, the fines were many times higher. In accordance with Article 12.21.3 of the Code of Administrative Offenses of the Russian Federation, in case of violation of the rules of the “Platon” system, the driver was fined in the amount of 5,000 rubles. In case of violation, officials and entrepreneurs had to pay 40,000 rubles, and legal entities - 450,000 rubles. In case of repeated violation of the rules of the system, the fine for drivers was 10,000 rubles, for entrepreneurs and officials - 50,000 rubles, and for legal entities a fee of 1,000,000 rubles was charged.

Later, as is already known, a new law was adopted and the conditions changed. A fine of 5,000 rubles and, for a repeated violation, 10,000, respectively, will no longer be taken from the driver of a heavy-duty truck, but from its owner. That is, if the driver is an employee and is not the owner, then the owner bears all responsibility associated with fines in the Platon system.

For foreign citizens, the rules are slightly different: if the truck belongs to a foreign carrier, the fine will be collected not from the owner, but from the driver. Moreover, if a trucker was caught for non-payment at a distance of no more than 50 km from the border of the Russian Federation, and then still paid the money, he is released from administrative liability.

If two or more fines are issued per day

Freight transport owners are often held accountable several times within one day. It is illegal. In note 2 to article 12.21.3. The Code of Administrative Offenses of the Russian Federation states:

The owner (possessor) of the vehicle, in the event that an administrative offense was recorded by special technical means operating in automatic mode, having the functions of photography, filming, video recording, or by means of photography, filming, video recording two or more times during the day in relation to each vehicle after the first recording of such an administrative offense is not brought to administrative responsibility for the second and subsequent cases during the day when such an administrative offense was recorded.

Thus, “repeated” fines within 24 hours must be appealed.

How to check for fines

Since control over heavy trucks is not carried out by the traffic police, it will not be possible to check fines for “Platon” using conventional methods. You can check their availability on the Rostransnadzor website. From the main page, go to the “Platon Toll Collection Systems” section, then indicate in the form:

type of vehicle owner – private or legal entity;
car registration certificate number (CTC);
state vehicle sign;
captcha

Then click the “Check” button. The answer comes instantly. You can pay off the fine in the Internet application, cash desks or ATMs of Sberbank, and using the details - through any financial organization or payment system.

The message also appears in the vehicle owner’s Personal Account in the system. However, online information was launched only at the end of 2021 and is still being tested. The developers note that the violator will be able to reliably verify the presence of penalties on the website of the Transport Supervision Service. It provides detailed instructions on Plato fines: how to check them and pay them.

The vehicle owner or driver has 10 days from the date of receipt of the letter to appeal the penalty. You can protest the recovery by filing a claim:

by letter or in person to the head office of the Service at 25475, Moscow, st. Petrozavodskaya 32A;
online through a special service of Rostransnadzor;
by e-mail

Attention! All information for filing a complaint is in the resolution. It is necessary to indicate the address and full name (or name) of the person fined, the date and circumstances of the violation. If this does not help, you can challenge the punishment in court.

The judicial district is determined by the location of the defendant. This is almost always the Central Interregional Department of Rostransnadzor, where the information and analytical complex is located, that is, the statement of claim is filed in Moscow. Such complaints are not subject to state duty.

How to appeal fines for Plato

The need to challenge a fine for Plato may arise for various reasons:

the route was paid for, but due to a glitch in the system, a decision was received;
received a fine, but is not the owner of the vehicle;
the violation was recorded again within one day.

You can file a complaint to cancel the fine within 10 days from the date of receipt of the decision. This can be done in different ways:

Contact Rostransnadzor in person or send a complaint:

Russian Post at the address: st. Petrozavodskaya 32a, Moscow, Russia, 125475;
in electronic form via a form on the Rostransnadzor website.

Contact the district court

Supporting documents are attached to the complaint. It is best to follow the rules and not take the matter to court.

Checking fines for legal entities. persons

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Payment of monetary penalty

According to the rules of the Platon system, tolls on federal highways are collected from the advance payment. Lack of sufficient funds in the system, as well as other violations, are grounds for a fine. Payment of a monetary penalty occurs according to the standard procedure:

Bank transaction;
through a payment terminal;
through the Internet.

Preferential repayment

Current legislation allows motorists to pay the fine imposed on them for violating the Platon payment system with a 50% discount. This possibility is allowed by the provisions of clause 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation. The only requirement that the driver must comply with is paying the fine within 20 days after it was imposed. If the administrative penalty was repaid later than this period, the benefit does not apply.

What is the fine for Plato for legal entities?

The amount of fines for Plato is determined in Art. 12.21.3 Code of Administrative Offenses of the Russian Federation. They are the same for legal entities and individuals.

For any violation of the rules for using Plato, the fine is 5,000 rubles.

The sanction is imposed on the owner of the vehicle. If the owner is a foreign citizen, the fine is issued to the driver of the heavy truck.

For a repeated and each subsequent violation, a fine of 10,000 rubles. A fine can only be issued once per day.

During the first 20 days, the fine for Plato can be paid with a 50% discount.

How to avoid or evade a fine

Many drivers are interested in how to challenge a fine. It will be very difficult to do this, since the operators of the s/s “Platon” work together with the traffic police officers, which means they receive full support from them.

You can file a complaint through the court or on the official website of the traffic police. In order to receive a positive response to your request, you must provide serious reasons. These could be recordings from surveillance cameras or from a photo/video recording center, etc.

What vehicles are eligible for benefits?

For some types of vehicles, a discount is provided regarding payment for federal highways. The benefit will be accrued even if the vehicle weight is more than twelve tons, for the following vehicles:

cars that carry passengers. The exception is the cargo mode of transport, which is converted to transport people. In this case, the benefit will not be accrued;
special vehicles in public service, that is, firefighting vehicles, police vehicles, military vehicles and doctors. All of the above machines must have special systems that provide both sound and light signals;
special trucks that bring equipment for the military.

In simple words, we can say that benefits will be available only to vehicles that belong to the service category.

What is more profitable: paying fees for Plato or fines?

From 02/01/2021 the tariff for 1 km of track is 2 rubles. 20 kopecks

From 02/01/2021 the tariff for 1 km of track will be 2 rubles. 31 kopecks

Let's look at an example.

The car goes from Moscow to Krasnodar. The distance will be about 1450 km. The fee for Plato is 1600 rubles. (according to ati.su). The time to cover the route is 2 days, taking into account the driver’s working day.

You can only get 1 fine per day. This means that you can receive up to two fines per flight. From 5,000 to 10,000 rubles. The fee is significantly less than even one fine.

From January 1, 2021, the fee for Plato can be taken into account when calculating the tax base for corporate income tax as part of other expenses (subclause 49, clause 1, article 264 of the Tax Code of the Russian Federation). Which reduces the tax amount. It is definitely more profitable to pay Plato.

Decisions of lower courts

The company tried to appeal the decision through the court (case No. 12-15/2020). A representative of the plant explained that the truck was being used by Atomspetstrans at that time. As evidence, he presented copies of several documents: the lease agreement, which was concluded by the owner of MAZ and the company, payment orders for the payment of rent and the MTPL policy for the tenant. The applicant also provided a certificate from the head of the transport department stating that they did not operate the same MAZ from January 1 to August 9, 2019. The manager wrote a list of all the cars that left the company on July 23, 2021 (the day the violation was recorded): the rented truck was not on this list.

"Platon" rose in price below the forecast

Punishment for failure to pay a fine and lack of money on the balance sheet

The lack of funds on the device balance is also a violation; this can be regarded as an intentional refusal to pay for the system. In this case, a fine of 5,000 rubles follows.

According to Part 1 of Article 20.25, for failure to pay an administrative fine within the period provided for by this Code, the following penalties are provided:

Imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than 1000 rubles;
administrative arrest for up to fifteen days;
compulsory work for up to fifty hours.

How much does it cost to move a vehicle with a connected system?

The tariff established in 2021 is 2 rubles. 04 kop. for every kilometer of the federal highway. In the future, it is planned to index the cost in accordance with annual inflation parameters.

However, at the proposal of the Government of the Russian Federation, full indexation for inflation is planned only from 2022. Until this time, the increase will occur at a slower pace:

In 2021, the fee is 2 rubles. 20 kopecks per km.
In 2021 – 2 rubles. 35 kopecks

These and the following changes will be made from February 1 of each year .

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It should be noted that this is not the first time that the introduction of full indexation has been postponed. Similar decisions to postpone deadlines have been adopted annually, starting in 2021.

How is registration of freight transport carried out using the Platon system?

To register a freight transport, you need to visit the Internet and log into your personal user account. In this office you can do the following:

register a vehicle;
drive one car or several, if such a number is available;
deposit funds into your own personal account;
purchase a map for the route;
control expenses and consult an online consultant if necessary.

To get detailed information about the system itself and fines, you should visit the official Platon website. On the same site, visitors will be able to familiarize themselves in more detail with the working process of the system, learn about its legislative framework, and find the answer to any question they may have.

Since the fall of 2015, truck drivers have been faced with the need to pay for travel using the Platon system. The project was created with the goal of charging heavy vehicles in order to reconstruct existing roads and create new ones at a faster pace.

The Platon system brings in about 42 million rubles per day alone (about 15 billion rubles per year), according to Rosavtodor. But motorists caught in the crosshairs are more interested in another question: is it possible to legally avoid paying for travel using the Platon system? Let's figure it out.

Which roads have tolls?

Tolls are provided on federal roads. On the official Platon website you can find an up-to-date map of roads for which heavy vehicles will have to pay. Typically these include highways connecting cities. For example, the Moscow-St. Petersburg highway or the M-2 Crimea federal highway. For the convenience of drivers, I denote them with the sign M.

Typically, such roads are shorter and have a better surface. Most drivers choose them for these reasons. However, due to high pay, truckers are increasingly looking for a way to bypass highways. Recently, a ban on heavy trucks has been introduced on some bypass routes.

Should the driver pay a fine in the absence of “Platon”

If the absence of “Plato” is noticed when checking the documentation, the driver will have to pay a fine. In order to obtain the most acceptable fine amount, the policy in this direction is constantly changing. Currently, not only will all truck drivers and companies hiring such vehicles have to pay penalties for the absence of Platon, but also in the following situations:

if the current system operator is unable to obtain reliable information about the kilometers traveled by the vehicle due to the fact that the special tracking device has been disabled and broken;
a fine will be imposed if a device for monitoring kilometers traveled or a special map indicating the route is not found in the vehicle;
a fine is imposed if the driver of the vehicle sets off on a route other than the one previously announced;
if there is no money in the Platon system and freight transport does not stop, a fine will be imposed without fail.

What fine will be charged depends on who is driving the vehicle and accompanying the cargo.

What cars are exempt from payment in the Platon system?

As mentioned earlier, the system is designed for heavy trucks whose permissible weight exceeds 12 tons. They are the ones who harm roads the most. Such a measure is needed to maintain the good condition of federal roads.

However, trucks are not the only ones that drive on federal roads. The following vehicles are exempt from payment in the Platon system:

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Moscow ext 152
St. Petersburg ext 152
All regions ext 132 (Toll free)

Cars. Their weight is not so harmful to the road surface, so the state exempts owners from additional fees. For them, transport tax is a mandatory payment, with the exception of certain categories of citizens.
Heavy vehicles that transport people. However, the purpose of transportation must indicate passenger transportation. Cargo and passenger vehicles are not included in the list of exceptions. The driver will have to pay the fare.
Special transport. Military transport, ambulances, and fire trucks can travel on federal highways without additional charges.

How not to pay Platon legally

To become a member of the Russian Platon system, you must register in it.

There are still drivers in Russia who have not completed this very procedure. If you ask them whether they received “chain letters” with fines, it turns out that they did not (even registered citizens received them quite rarely). Lawyers note that this could be due to a conflict of law. Until recently, fines under the Platon system were dealt with by the State Traffic Safety Inspectorate, and Article 23.3 of the Code of Administrative Offenses states that the State Traffic Safety Inspectorate does not have the right to fine vehicle owners for violations related to Platon. Carriers who never paid for the system and were not punished for it can thank the traffic police officers: they could and could not issue a fine at the same time.

Now this problem is a thing of the past, because the authority to impose fines has been transferred to Rostransnadzor. His functions are fine, but there are still difficulties with personal data. If a person is registered in the system, then he allows the use of his personal information (PD), and if not, accordingly, an organization that has access to PD should issue him a fine. The traffic police has personal information, but there is still no agreement between the traffic police and Rostransnadzor on the transfer of personal data. This legal loophole allows drivers who are not registered in the Platon system to hope that they will not be fined. If the fine does come, then it will be possible to challenge it only in court, citing the lack of an agreement between the traffic police and Rostransnadzor on the use of PD.