Who should pay for the driver card for the tachograph?

Driver cards must be issued at the expense of the employer

The limited liability company tried to appeal through the court the order of the state labor inspector, in which the employer was required to pay the employee the unlawfully withheld part of the salary and compensation for its delay. The inspector saw a violation of the rights of an employee who worked as a driver in the fact that upon dismissal, the amount for issuing a driver’s card was withheld from him (appeal ruling of the Arkhangelsk Regional Court dated May 21, 2018 in case No. 33a-3247/2018).

The court found the inspector's actions lawful. According to Art. 22 of the Labor Code, the employer is obliged to provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties. By virtue of Art. 20 of the Federal Law of December 10, 1995 No. 196-FZ “On Road Safety”, legal entities and individual entrepreneurs carrying out activities related to the operation of vehicles are required to equip vehicles with tachographs, one of the elements of which is a driver card. The card provides identification and authentication of the driver using encryption (cryptographic) means, as well as storage of data on the driver’s activities.

Does the employer have the right to withhold from the employee the cost of the initial registration of a personal driver card for a tachograph? The answer to this and other practical questions is in the “Knowledge Base of the Legal Consulting Service” of the Internet version of the GARANT system.
Get full access for 3 days for free!

It is the employer's responsibility to provide employees with tachograph driver cards. At the same time, the driver’s card is a personal card, it cannot be transferred to another driver, and also cannot be withdrawn from the driver, including upon dismissal of an employee, since before the expiration of its validity period the driver - card owner will not be able to receive a new card, accordingly, will not be able to carry out similar work activities at the new place of work.

In this regard, the court concluded that the employee is not obliged to reimburse the employer for the cost of the driver card upon dismissal.

Who owns the driver card?

Questions that often arise:

Who owns this card - the driver or the company where he works?
Should the driver return the card to the employer upon dismissal?
Can the driver receive another card in his name during the validity period of the card?
Can an employer demand reimbursement from an employee of expenses incurred by the employer to obtain such a card?

Who owns the driver card?

According to Art. 20 of the Federal Law of December 10, 1995 N 196-FZ “On Road Safety”, equipping vehicles with tachographs is the responsibility of legal entities and individual entrepreneurs carrying out activities related to the operation of vehicles on the territory of the Russian Federation.

As follows from paragraph 2 of Appendix No. 1 to the order of the Ministry of Transport of the Russian Federation dated February 13, 2013 No. 36 “On approval of the requirements for tachographs installed on vehicles, categories and types of vehicles equipped with tachographs, rules for the use, maintenance and control of the operation of tachographs installed for vehicles" (hereinafter referred to as the Appendix to Order No. 36), the tachograph includes an on-board device and external components, which include the driver card (clause 4 of the Appendix to Order No. 36).

The driver card provides identification and authentication of the driver using encryption (cryptographic) means, as well as storage of data about the driver’s activities. It contains information about his last name, first name, date of birth, his driver’s license number and the name of the issuing authority, a photograph of the driver, etc.

The question often arises - who owns this card - the driver or the company where he works?

The answer is to the driver . Clause 10 of the Procedure for issuing cards used in tachographs, approved by Order of the Ministry of Transport of the Russian Federation dated May 21, 2012 No. 145 (hereinafter referred to as the Procedure), states that the applicant in the case of applying for a driver card is an individual, i.e. the card is issued to him, and it is he who is its owner (see the third paragraph of clause 23 of the Procedure).

The next important question is whether the driver must return the card to the employer upon dismissal?

The answer is no . Neither the Labor Code of the Russian Federation, nor Order No. 36, nor the Procedure oblige a driver who was issued a driver card during his employment relationship with a particular organization to return it to the employer upon dismissal. In addition, the employer’s actions to withhold the driver’s card upon dismissal of the employee, in our opinion, are devoid of practical meaning, since after the employment relationship with the employee terminates, the employer will not be able to use the employee’s personal document or transfer this document for use to other persons ( other employees).

Can a driver receive another card in his name during the validity period of his current driver card?

The answer is no . Termination of an employment contract with an organization that, at the time the card was issued, had an employment relationship with the driver is not a reason to replace the driver card.

A valid driver card can only be replaced if:

when the card expires;
there is a defect in the card that makes it impossible to use or the card malfunctions;
loss or theft of the card.

Consequently, the employer, by retaining the driver’s card upon dismissal of the employee, will deprive the latter of the opportunity to work in the future in another organization as a driver, since issuing another card for him will be impossible until the expiration date of the retained card (or until it is lost or stolen).

Can an employer demand reimbursement from an employee of expenses incurred by the employer to obtain such a card?

And again, the answer is no . Firstly, the possibility of an employer exercising the right to demand reimbursement by an employee of expenses incurred for the preparation of one or another official document for an employee does not depend on who exactly has the original document. Secondly, we believe that in the event of a trial, the court will not support such an employer’s demand, since the law imposes on employers the obligation to equip the vehicles in which drivers carry out their work activities with tachographs, which include driver cards.

In other words, the need for the employer to bear the costs of issuing a driver card is established by law, therefore, in this case, we cannot talk about material damage caused to the employer by a resigning driver who refused to return the driver card issued to him.

Ask your questions in the comments. We will answer them in the same format.

Who should pay for the driver card for the tachograph?

Leave your phone number and name, the manager will call you back immediately.

Consent to the processing of personal data.

With this statement I confirm my consent to the processing, including using automation tools (collection, recording, accumulation, storage, modification, use, transfer, depersonalization, deletion, destruction), of my personal data specified in the application.

The purpose of processing personal data is to issue, replace or update a driver card.

The organization issuing the cards has the right to transfer the personal data specified in the application to a third party, which is the manufacturer of tachograph cards, included in the list of information about tachograph card models. The purpose of transferring personal data to the tachograph card manufacturer is to issue a driver card.

The organization issuing cards has the right to transfer the personal data specified in the application to a third party - FBU Rosavtotrans. The purpose of transferring personal data to the Federal Budgetary Institution "Rosavtotrans" is to record in the list of information about each copy of tachograph cards transferred, activated, disposed of by manufacturing organizations and workshops.

The organization producing tachograph cards has the right to transfer the personal data specified in the application to a third party who is an accredited certification center in accordance with the established procedure. The purpose of transferring personal data to the certification center is to issue a qualified tachograph card certificate.

I am familiar with the rules for using IPFSH.467444.001PP “Software and hardware encryption (cryptographic) means of protecting information “Diamant” tachograph card.

Submit your request now

And get a set of thermal paper for the tachograph as a gift!

Who should pay for the driver card for the tachograph?

Leave your phone number and name, the manager will call you back immediately.

Consent to the processing of personal data.

The purpose of processing personal data is to issue, replace or update a driver card.

I am familiar with the rules for using IPFSH.467444.001PP “Software and hardware encryption (cryptographic) means of protecting information “Diamant” tachograph card.

Submit your request now

And get a set of thermal paper for the tachograph as a gift!

Who should pay for the driver card for the tachograph?

Payment for tachograph card

In accordance with “Art.
2" Requirements for tachographs installed on vehicles, categories and types of vehicles
equipped with tachographs, rules for the use, maintenance and control
of tachographs, approved by Order of the Ministry of Transport
of the Russian Federation dated February 13, 2013 N 36 (hereinafter referred to as the Requirements for
tachographs), in The tachograph consists of an on-board unit and external
components, in particular tachograph cards.

Answer:
According to “Art. 20" of the Federal Law of December 10, 1995 N 196-FZ "On Road Safety", a tachograph is recognized as a technical control device that provides continuous, uncorrected recording of information about the speed and route of vehicles, about the work and rest schedule of vehicle drivers.

Who owns the driver card?

Who should pay for the driver card for the tachograph?

Recommendations. Carry a copy of the calibration certificate with you. If you do not have an inspector’s card, ask the inspector to sign the printout in the format: “The control was carried out by the State Traffic Safety Inspectorate, full name, date and time.” If the work and rest schedule is not observed, make printouts and write down the reasons for the violations, ask the perpetrators of the violations to sign the report and, if possible, put a stamp. If the tachograph is faulty, keep track of the mode manually on the back of the thermal tape. Retain such printouts for 28 days and provide them to the inspector upon request.

The driver card for the tachograph is a formulator with an integrated microchip, which ensures the connection of information about the driver’s flight using encryption means. The map acts as a means of monitoring the driver’s compliance with the speed limit, driving route, alternating periods of driving and rest.

Who should pay for the driver card for the tachograph?

The right to submit an application to renew a domain name registration remains with the previous administrator until the expiration of the preferential renewal period. The duration of the preferential renewal period is 30 days after the end of the registration period.

When the delegation established by the domain name administrator is terminated due to the expiration of the domain name registration, the registrar installs temporary DNS servers for the domain that redirect requests via the http protocol to the registrar's service website with information about the reason for the termination of delegation.

Who pays for the driver card for the tachograph?

The driver card for a digital tachograph looks like a regular bank card, just like a driver’s license has a driver’s photo, driver information and signature (individual driver card). Information on the driver’s work and rest schedule and other data can be stored on the card.

The application or cover letter must include contact information.
The application can be sent by the driver:
- personally through the post office or courier service;
- through the enterprise. The company can collect driver statements and send them, along with a covering letter, to E22 LLC;

How should an inspector conduct a tachograph inspection?

Carry a copy of the calibration certificate with you. If you do not have an inspector’s card, ask the inspector to sign the printout in the format: “The control was carried out by the State Traffic Safety Inspectorate, full name, date and time.” If the work and rest schedule is not observed, make printouts and write down the reasons for the violations, ask the perpetrators of the violations to sign the report and, if possible, put a stamp. If the tachograph is faulty, keep track of the mode manually on the back of the thermal tape. Retain such printouts for 28 days and provide them to the inspector upon request.

– the inspector is not obliged to demand that the driver card be removed from the tachograph, because this action can lead to disruption of the work and rest regime. Also, the inspector has no right to demand that the driver provide a calibration certificate! Moreover, the law does not stipulate the inspector’s obligations regarding the need to use the controller’s card, which in turn will lead to the impossibility of downloading data from the tachograph memory. The inspector is also not required to put a stamp on the printout.

Who should pay for the driver card for the tachograph?

Tachograph card

We report the following: The requirements for tachographs are established in Appendix 1 to Order No. 36 of the Ministry of Transport of Russia dated February 13, 2013. According to paragraph 2 of this Appendix, a tachograph is a combination of an on-board device and external components (in particular driver cards). A tachograph driver card - a plastic card with a built-in microchip - is a “key” that provides identification and authentication of the driver using encryption (cryptographic) means.

1). Costs for the production of tachograph cards should be reflected under subsection KOSGU 226 “Other work, services” (Section V of the instructions approved by Order of the Ministry of Finance of Russia dated July 1, 2013 No. 65n). The institution can immediately write off the cost of producing the card as expenses (and not reflect it on property accounts). In order to ensure management accounting and control over the movement of cards, you can maintain off-balance sheet accounting in an additional off-balance sheet account. This follows from the provisions of paragraph 332 of the Instructions to the Unified Chart of Accounts No. 157n. More on this in recommendations No. 2 and No. 3.

Who should pay for the driver card for the tachograph?

A self-respecting company will not allow a person without documents to drive a vehicle: violations of the law are fraught with large fines. The labor market is satiated with resumes of potential drivers: no document - the employer will easily find another candidate. Have a driver card, but it's expired? Issued for CIPF, but will you have to work on a dump truck with a recorder according to the AETR? How to solve the problem without missing out on a lucrative job offer?

The production of cards is the work of certified centers that have special equipment: an electronic chip is built into the “plastic” and printed on polymer using security technologies. Where can I get an urgently needed card? To do this, just contact the Tachonet company, the official representative of the manufacturer of driver cards for tachographs (CIPF, AETR, technical standard).

Driver card for tachograph

• The degree of protection against changes in readings is higher for the AETR card: the encrypting device is a speed sensor that encodes and sends information for storage in the device’s memory. The encoding of the signal in the CIPF block occurs in the cryptographic protection block itself: it is impossible to hack, but it is possible to make changes and distort the incoming information.

Where can I get a driver card for a tachograph? The plastic is issued by an office that has a license to issue such a document and to install tachographs. The official website of RosAvtoTrans provides the addresses of all organizations in the Russian Federation that can provide services for issuing driver cards and installing tachographs.

The organization purchased personalized driver cards for tachographs: accounting and taxation procedures

Justified expenses mean economically justified expenses, the assessment of which is expressed in monetary form. Documented expenses mean expenses supported by documents drawn up in accordance with the legislation of the Russian Federation.

Based on part 1 of Art. 7 of the Federal Law of July 24, 2009 N 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund” (hereinafter referred to as Law N 212-FZ) is subject to insurance contributions for organizations producing payments and other remuneration to individuals, payments and other remuneration accrued by them in favor of individuals within the framework of labor relations and civil contracts, the subject of which is the performance of work and the provision of services, are recognized.

Who should pay for the driver card for the tachograph?

— Only one CIPF block is activated and used in the tachograph, which complies with the Requirements for tachographs installed on vehicles (Appendix No. 1 to this Order), information about which is included by the Federal Budgetary Institution Rosavtotrans in the list of information about models of tachograph CIPF blocks.
— The tachograph uses cards of the driver, enterprise, workshop, controllers, which comply with the Requirements for tachographs installed on vehicles (Appendix No. 1 to this Order), information about which is included by the Federal Budgetary Institution "Rosavtotrans" in the list of information about card models.

Requirements for vehicle drivers:
- before starting to move the vehicle (at the beginning of a shift, working day), insert the driver card into the left slot of the tachograph and enter the card PIN code (when driving, the second driver inserts the driver card into the right slot of the tachograph and enters the PIN code your card after identifying the card of the first driver);
- at the request of the tachograph, manually enter data about your activity indicating the name of the place where the daily work period begins, or ignore this tachograph request (if you ignore the specified tachograph request, the type of activity of the driver (second driver - in the case of a crew) and the place in which the daily work period begins, are determined and recorded automatically);
- remove the driver card from the tachograph slot at the end of the daily work period (end of a shift, working day) after the tachograph has requested - the completion of the corresponding work period and about confirming or entering the name of the place where the daily work period ended;
— at the request of representatives of control authorities, provide access to the tachograph and driver card, as well as, at their request, print information in the form of appropriate printouts;
— print information;
— do not use a contaminated or damaged driver card;
— do not remove the card while the vehicle is moving;
— do not use the driver card after its expiration date;
— ensure the operation of the tachograph in accordance with these Rules for the use of tachographs installed on vehicles and the operating instructions of the tachograph manufacturer.