What does the traffic police check during a routine inspection?

Inspection of the traffic police of a legal entity (organization)

Olya Kadrovik October 27, 2015 at 12:07 pm

Sole mio October 27, 2015 at 03:36 pm

Panda October 27, 2015 at 03:44 pm

Sole mio October 27, 2015 at 03:46 pm

Panda October 27, 2015 at 03:58 pm

Sole mio October 27, 2015 at 4:13 pm

YuROK October 28, 2015 at 02:42 pm

Caretaker October 28, 2015 at 03:31 pm

Olya Kadrovik (topic author) October 29, 2015 at 01:39 pm

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Well, whoever searches will always find it, and this is what we managed to find, this is from the Notification of the order to inspect the organization.
List of documents, the provision of which by a legal entity or individual entrepreneur is necessary to achieve the objectives of the audit:
- Certificate of state registration (copy)
- Certificate of tax registration (copy)
- Minutes of the meeting of founders.
Decision, order on the appointment of a director - Information about the vehicles of the legal entity (IP), indicating: type, brand, registration mark of the vehicle
- Documents confirming the qualification training of specialists of the legal entity (IP) (copy)
- Documents confirming the completion of certification in road safety by specialists of the legal entity (IP) (copy)
- Agreement on pre-trip examinations of vehicle drivers (when conducting medical examinations by third-party organizations)
- Conclusions on the admission of drivers to independent work on this type of vehicle (documents on completing an internship for the right to drive a designated type of vehicle)
- Documents on drivers’ training to improve their professional skills.
— Documents confirming the planning and conduct of periodic maintenance of the vehicle.
— Primary accounting documentation of the automatic telephone exchange.
— Operational logs and instructions according to the list:
• Log of pre-trip inspections of drivers;
• Road accident logbook (internal information to be identified during an internal investigation);
• Road accident logbook (information subject to verification with the territorial traffic police authorities);
• Technical condition monitoring log when releasing and returning vehicles from the line;
• Journal for conducting briefings with drivers on traffic safety;
• Action plan for traffic safety and accident prevention;
• Job description of the person responsible for traffic safety;
• Instructions for drivers sent on a business trip;
— Order on the appointment of a person responsible for organizing road safety;
— Order on the appointment of someone responsible for the operation of vehicles;
— If you have rented vehicles — Vehicle rental agreement
— Agreements and certificates of work performed for the disposal of production and consumption waste;
— Documents on compliance by vehicle drivers with the work and rest regime (report card and PVTR)

kasak77 October 29, 2015 at 1:41 pm

Olya Kadrovik (topic author) October 29, 2015 at 01:42 pm

Panda October 29, 2015 at 01:58 pm

Olya Kadrovik (topic author) October 29, 2015 at 02:24 pm

Panda October 29, 2015 at 02:52 pm

Olya Kadrovik (topic author) October 29, 2015 at 02:56 pm

Panda October 29, 2015 at 03:04 pm

Olya Kadrovik (topic author) October 29, 2015 at 04:03 pm

Panda October 29, 2015 at 04:51 pm

kasak77 October 29, 2015 at 5:11 pm

Olya Kadrovik (topic author) November 10, 2015 at 12:17 pm

TRAINING AND CERTIFICATION IN ROAD SAFETY
According to paragraph 4 of Article 20 of the Federal Law “On Road Safety”, legal entities and individual entrepreneurs carrying out transportation by road and urban ground electric transport must ensure that the organization has an official responsible for ensuring road safety and has passed certification in the prescribed manner for the right to occupy the relevant position.
The question arises: where to get training and certification in road safety? The answer is in the regulatory document of the Ministry of Transport and the Ministry of Labor of the Russian Federation, which contains a List of institutions providing a similar service. This document states who must undergo training and certification, how certification is carried out and in which educational institutions it can be completed. A list of educational institutions where you can undergo training and certification in road safety is at the end of the article. So, Order of the Ministry of Transport of the Russian Federation and the Ministry of Labor of the Russian Federation dated March 11, 1994 No. 13/11
“On approval of the Regulations on the procedure for certification of persons holding positions of executive managers and specialists of transport enterprises”
With amendments and additions dated: October 27, 1995, May 11, 2000 .

Code of the Russian Federation on Administrative Offenses
Article 12.31.
Release onto the line of a vehicle that is not registered in accordance with the established procedure, has not passed state technical inspection or technical inspection, with obviously false state registration plates, has faults with which operation is prohibited, with devices installed without appropriate permission for sending special light or sound signals, or with illegally applied special color graphic schemes of vehicles of operational services 1. The release on the line of a vehicle that is not registered in the prescribed manner or has not passed state technical inspection or technical inspection -
entails the imposition of an administrative fine on officials responsible for the technical condition and operation of vehicles, in the amount of five hundred rubles;
for legal entities - fifty thousand rubles. 2. The release onto the line of a vehicle that has defects with which operation is prohibited, or that has been converted without the appropriate permit,
shall entail the imposition of an administrative fine on officials responsible for the technical condition and operation of vehicles in the amount of five thousand to eight thousand rubles.
3. Release onto the line of a vehicle with obviously false state registration plates or with lighting devices installed on its front part with red lights or red reflective devices, as well as lighting devices, the color of the lights and the operating mode of which do not comply with the requirements of the Basic Provisions for Admission vehicles for operation and the duties of officials to ensure road safety -
entails the imposition of an administrative fine on officials responsible for the technical condition and operation of vehicles in the amount of fifteen thousand to twenty thousand rubles;
for legal entities - fifty thousand rubles. 4. The release onto the line of a vehicle with devices installed on it without appropriate permission for sending special light or sound signals (with the exception of security alarms), as well as with special color graphic schemes of emergency service vehicles illegally applied to its outer surfaces -
shall entail the imposition of an administrative fine on officials responsible for the technical condition and operation of vehicles, in the amount of twenty thousand rubles;
for legal entities - fifty thousand rubles. Note.
For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities. Article 12.31.1 Violation of the safety requirements for the transportation of passengers and luggage, cargo by road transport and urban ground electric transport.
1. Carrying out transportation of passengers and luggage, cargo by road transport and urban ground electric transport in violation of professional and qualification requirements for employees.
A fine on officials in the amount of 20,000 rubles;
for legal entities - 100,000 rubles. 2. Carrying out transportation of passengers and baggage, cargo by road and urban ground electric transport in violation of the requirements for pre-trip and post-trip medical examinations of vehicle drivers.
Fine for citizens in the amount of 3,000 rubles;
for officials - 5,000 rubles; for legal entities - 30,000 rubles. 3. Carrying out transportation of passengers and luggage, cargo by road transport and urban ground electric transport in violation of the requirements for pre-trip inspection of the technical condition of vehicles.
Fine for citizens in the amount of 3,000 rubles;
for officials - 5,000 rubles; for legal entities - 30,000 rubles. Note.
For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities. Article 12.32 Admission to driving a vehicle by a driver who is intoxicated or does not have the right to drive a vehicle.
Allowing a driver who is intoxicated or does not have the right to drive a vehicle to drive a vehicle.
A fine for officials responsible for the technical condition and operation of vehicles in the amount of 20,000 rubles;
for legal entities - 100,000 rubles. Note.
For administrative offenses provided for in this article, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities. Article 12.32.1 Admission to driving a vehicle for a driver who does not have a Russian national driver's license.
Admission to drive a vehicle for a driver who, in cases provided for by the legislation of the Russian Federation on road safety, does not have a Russian national driver's license.
A fine for officials responsible for the technical condition and operation of vehicles in the amount of 50,000 rubles.
Article 12.34 Failure to comply with road safety requirements during the repair and maintenance of roads, railroad crossings or other road structures.
Failure to comply with road safety requirements during the repair and maintenance of roads, railway crossings or other road structures, or failure to take measures to promptly eliminate obstacles to traffic, prohibit or restrict road traffic on certain sections of roads if the use of such sections threatens road safety .
A fine for officials responsible for the condition of roads, railway crossings or other road structures in the amount of 2,000 to 3,000 rubles; for legal entities - 300,000 rubles.

Frequency of scheduled inspections during state supervision in the field of road safety

Attention! Since October 8, 2019, scheduled inspections of organizations operating vehicles are no longer carried out . This issue is discussed in the article “Cancellation of scheduled inspections for organizations operating transport.”

Good afternoon, dear reader.

This article will discuss the provision “On federal state supervision in the field of road safety.” The next changes to this document came into effect on March 1, 2018 .

This document is intended primarily for legal entities and individual entrepreneurs. This article will focus on conducting inspections of organizations operating vehicles:

Frequency of scheduled inspections

The frequency of inspections depends on which risk category the legal entity or individual entrepreneur is assigned to:

How does the risk category change?

14. Classification of the activity of the subject of supervision to the risk category and revision of the decision to classify the activity of the subject of supervision to the risk category are carried out on the basis of a decision of the head (deputy head) of the territorial body of the Ministry of Internal Affairs of the Russian Federation for the subject of the Russian Federation at the place of registration of the subject of supervision.

In the absence of a decision to classify the activity of the subject of supervision as a risk, such activity is considered to be classified as low risk.

The decision to assign one or another risk category is made by the head or deputy head of the Ministry of Internal Affairs for the constituent entity of the Russian Federation.

Moreover, if the organization is new and no decision has been made on it, then it is considered to be in the low-risk category.

Default risk categories

Depending on the activities carried out by a legal entity, it may be classified into the following risk categories:

Please note that if an organization operates vehicles from different rows of the table, then the highest risk category is selected.

For example, if an organization has dump trucks, passenger taxis, and buses transporting groups of children, then it will be classified as high risk.

Note. The table above shows the default risk categories for different types of activities. If there are violations on the part of the organization, the risk category can be increased, and if there are no violations, it can be decreased (this will be discussed below).

Conditions for increasing or decreasing the risk category

Let's look at a few examples:

The organization is engaged only in transporting passengers in passenger taxis. The default category is medium risk. However, one of the drivers was charged under Article 12.24 of the Code of Administrative Offenses for causing minor harm to health in an accident. Therefore, a legal entity is assigned an extremely high risk category. The frequency of scheduled inspections is once a year.

The organization transports passengers by bus. The default category is significant risk. At the same time, drivers and employees of the organization have not been held accountable over the past 3 years. The category of legal entity is reduced to medium risk. Scheduled inspections are carried out no more than once every 4 years.

As for the inspections themselves, they can be scheduled or unscheduled, documentary or on-site.

A documentary check means that employees of the Ministry of Internal Affairs require the provision of documents that they need in order to make sure that a legal entity or individual entrepreneur complies with the requirements of the law.

During an on-site inspection , employees of the Ministry of Internal Affairs travel to the location of the legal entity.

This article discusses the conditions, compliance with which will help legal entities and entrepreneurs fall into a lower risk category, i.e. increase the time between scheduled inspections. If all documents and vehicles are in order, then the check should not cause problems in any case. However, it will take time, so it makes sense to ensure that the organization falls into the category with as little risk as possible. And to do this, you need to ensure that employees do not violate legal requirements.

Well, in conclusion, I suggest you study the full text of the regulatory document yourself:

Traffic police check on the road: under what right?

The only document that the driver must follow is the Traffic Rules. He doesn't have to know the rest. But to be fully prepared, it is better to understand some provisions of the Police Law in advance. After all, quite often traffic police inspectors take advantage of the illiteracy of car owners and do what they want.

WHEN A TRAFFIC OFFICER HAS THE RIGHT TO STOP A CAR: EVERYONE STOP!

To check documents - driver's license, car papers, insurance, driver and passenger ID - the car can be stopped only at a stationary traffic police post. Not mobile, but stationary - see paragraph 63 of the Administrative Regulations of the State Traffic Safety Inspectorate (approved by order of the Ministry of Internal Affairs dated March 2, 2009 No. 185). On the road, an inspector has the right to stop you only for the following reasons: if you have violated traffic rules, or there is information (for example, from other drivers) about a traffic violation, or the car is passing through one of the traffic police search bases.

They may also stop to attract the driver as a witness or, if necessary, to provide assistance to the victim. Sometimes an inspector urgently needs to go on official business, but doesn’t have his own car... And the last reason (it is quite often used by traffic police inspectors to justify stopping and inspecting cars right on the road) is the holding of special events. But such events (mandatorily!) must be carried out on the basis of an order issued by the head of a department of the internal affairs body. It is clear that the inspector may not have a written order from his boss to inspect all passing Volvos to search for escaped criminal N. But he is obliged to refer to this very order and give the name and position of the manager who gave it.

If you are stopped in an open field, referring to some kind of “Interception” operation, immediately report this by calling the helpline (it is usually indicated on the traffic police vehicle) and duplicate the call to the emergency number 112 or 02. And then act in accordance with with traffic rules.

RIGHTS AND RESPONSIBILITIES OF THE TRAFFIC INSPECTOR AND DRIVER: EVERYTHING IS ACCORDING TO THE RULES

Before requesting documents, the traffic police inspector must introduce himself and show his official identification (clause 2.4 of the traffic rules). The driver must have with him (and present to the policeman upon request) a driver’s license, documents for the car, and an insurance policy (clause 2.1.1 of the traffic rules). In principle, the police officer may also require a passport. If the driver has not violated traffic rules or committed anything illegal, he must be released immediately. If the inspector is interested in what is in your pockets, in the trunk, in the cabin, under the hood, then this is already a personal search or a vehicle search, and its conduct is strictly regulated.

Personal searches are carried out in accordance with the requirements of Article 27.7 of the Code of Administrative Offenses of the Russian Federation (CAO RF). The search is carried out only by a person of the same sex as the driver, in the presence of witnesses of the same sex. If, for example, an inspector decides to examine a female driver, then he will have to call a female inspector and female witnesses to the scene. Otherwise, a personal search cannot be carried out! The exception is cases when it is reliably known that the driver has a weapon or an instrument of crime. A protocol must be drawn up regarding the conduct of a personal search, and a copy is given to the driver.

Vehicle inspection can only be carried out in the presence of the car owner and two witnesses; a protocol must be drawn up.

Inspection of a vehicle is carried out in approximately the same way (Article 27.9 of the Code of Administrative Offenses of the Russian Federation). And here it is necessary to have witnesses present and to draw up a written protocol. The car is inspected only in front of the owner-driver!

If the inspector decides to rummage through the trunk himself, this is no longer an inspection, but a search. And it is possible only with the sanction of the court or prosecutor. I advise you to calmly remind the inspector about the inspection procedure. If your remark has no effect, call the helpline again.

Often inspectors are concerned about the presence of a warning triangle, first aid kit, or fire extinguisher. Here I would like to remind you: clause 2.1.1 of the traffic rules contains an exhaustive list of documents that the driver is required to present to the inspector - it does not contain any first aid kits, emergency signs or fire extinguishers. All this is controlled during a technical inspection. And the driver himself, before getting behind the wheel, is obliged to check the technical condition of the car. We all do this, right?

And therefore, the inspector has no right to demand that the trunk be opened “just to have a look.” Is there any reason to suspect the driver of transporting something prohibited? Let him call two witnesses and draw up an inspection report. No other way. By the way, the inspector’s partners cannot be witnesses. There is another move with which a police officer can try to look under the hood or in the trunk - checking the engine and body numbers. Only a technical control inspector has the right to conduct a so-called check of the technical condition of a vehicle in accordance with the Administrative Regulations (approved by Order of the Ministry of Internal Affairs No. 185) - at stationary posts, using special equipment. However, a traffic police inspector can check identification numbers, but only visually. That is, he looked under the hood, looked at the number, compared it with what is indicated in the documents (or is in the police officer’s computer, in the database) - and that’s all. He has no right to force the driver to clean his license plate!

PSYCHOLOGIST IN EMAILS

It happens that the inspector - especially after listening to the remark of a particularly smart driver - takes a wait-and-see attitude. Others begin to fuss, for some reason they offer to voluntarily show all things to the officer, or even come to an agreement... Why? It is enough to remind the inspector about Article 12.35 of the Code of Administrative Offenses of the Russian Federation. According to it, for illegally restricting the right to drive a vehicle, an official, that is, a traffic police inspector, faces a fine of 20,000 rubles!

And the fact that the inspector restricts the movement of the car without legal grounds can (and should!) be recorded on a voice recorder, phone camera or video recorder. In accordance with Article 26.7 of the Code of Administrative Offenses of the Russian Federation, such records are evidence and will be used when considering a complaint against the actions of the inspector.

Any media is suitable for them. We send the complaint to a higher division of the traffic police or to the prosecutor's office at the place where the vehicle was stopped. And it’s better to duplicate it on the traffic police website... But, I hope, in most cases it won’t come to that. From my own experience I can say: the driver’s peace of mind, based on knowledge of regulations, will cool down overly zealous traffic police inspectors.

Scheduled traffic police inspection

The traffic police agreed to a PLAN inspection of a small enterprise in the prosecutor's office earlier than three years from the previous one. They refer to the special status and the fact that the enforcement of Federal Law No. 294 of December 26, 2008 does not apply to them in terms of the timing of inspections.

What is the subject of their verification?

If investigative measures or an administrative investigation are not carried out, then the traffic police cannot conduct a scheduled inspection. It's strange that it was agreed upon.

The traffic police are misleading you. Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” fully applies to the traffic police.

It is the “scheduled inspection” by this body that does not apply to the exceptions provided for in paragraphs 3, 3.1 of Art. 1 of the law under consideration.

The grounds for a scheduled inspection are contained in Art. 9, 20, 21 (partially) of the said law. According to Art. 20 of the law, conducting an inspection in violation of paragraph 2 of Art. 9 (standard of three years) - a gross violation of inspection rules.

We received a decision - we need to write a complaint to the prosecutor's office. The prosecutor's office will issue a warning to prevent violation of the law.

Perhaps it was turned on by mistake. Then it is better to write a complaint to the regional prosecutor's office.

Hello, Alexander Vasilievich!

According to paragraph 3 of Art. 1 Federal Law No. 294 of December 26, 2008 “On the protection of the rights of legal entities. ":

3. The provisions of this Federal Law establishing the procedure for organizing and conducting inspections do not apply: 1) to control measures, the implementation of which does not require interaction between bodies authorized to exercise state control (supervision), municipal control (hereinafter also referred to as state control bodies (supervision), municipal control bodies), and legal entities, individual entrepreneurs and the above persons are not charged with providing information and fulfilling the requirements of state control (supervision) bodies, municipal control bodies;2 ) when conducting operational investigative activities, conducting an inquiry , conducting a preliminary investigation ; 3) in the implementation of prosecutorial supervision (except for cases of inspections carried out by state control (supervision) bodies, municipal control bodies at the request of the prosecutor), justice and the conduct of an administrative investigation; 4) in proceedings on cases of violation of the antimonopoly legislation of the Russian Federation ;5) during the investigation of the causes of accidents, industrial accidents, infectious and mass non-infectious diseases (poisonings, injuries) of people, animals and plants, damage to the environment, property of citizens and legal entities, state and municipal property;6) during the investigation causes of emergencies of a natural and man-made nature and liquidation of their consequences; 7) to control measures aimed at countering the misuse of insider information and market manipulation. (Part 3 as amended.
Federal Law of July 18, 2011 N 242-FZ (see text in the previous edition) 3.1. The provisions of this Federal Law establishing the procedure for organizing and conducting inspections also do not apply when exercising the following types of state control (supervision): 1) control over the implementation of foreign investments; 2) state control over economic concentration; 3) control and supervision in financial and budgetary matters sphere; 4) tax control; 5) currency control; 6) customs control; 7) state port control; 8) control over the payment of insurance contributions to state extra-budgetary funds; 9) control in financial markets; 10) banking supervision; 11) insurance supervision; 12) supervision in the national payment system; 13) state control over the implementation of clearing activities; 13.1) state control over the implementation of activities for conducting organized trading; (clause 13.1 introduced by Federal Law of November 21, 2011 N 327-FZ) 14) control for compliance with the legislation of the Russian Federation and other regulatory legal acts of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs; (clause. 14 in ed. Federal Law of December 28, 2013 N 396-FZ (see text in the previous edition)15) control over compliance with the requirements of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism;16) border, sanitary quarantine, veterinary, quarantine phytosanitary and transport control at checkpoints across the State Border of the Russian Federation; 17) control over compliance with the requirements of legislation on anti-terrorist protection of objects. www.consultant.ru/document/cons_doc_LAW_156780/
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As you can see, the planned activities of the traffic police are not included in the list of activities that are not covered by the Law “On the Protection of the Rights of Legal Entities.” "

One thing that confuses me is that the prosecutor’s office agreed on the traffic police inspection plan for 2014, where your organization was included, which means that the inspection deadlines were not violated, but comply with the Law “On the Protection of the Rights of Legal Entities.” "

The procedure for the State Traffic Inspectorate to carry out federal supervision in the field of road safety is regulated

It is determined that such supervision is carried out within the framework of the daily execution of the duties assigned to the State Traffic Inspectorate, as well as through the organization and conduct of scheduled and unscheduled inspections.

The subject of supervision is compliance by legal entities, individual entrepreneurs carrying out activities in Russia related to the operation of vehicles, and providing services for their maintenance and repair, and citizens - road users, with mandatory requirements for the technical condition and design of motor vehicles, changes in their design , as well as the transportation of passengers and cargo (except for the requirements, compliance with which is verified during the implementation of federal transport supervision).

Inspections of subjects of transport activities are carried out within the time limits established by Article 13 of the law on the protection of the rights of legal entities and individual entrepreneurs.

The Regulations establish the powers of officials when exercising supervision, as well as the rights and obligations of the objects of supervision.

The period for conducting a documentary or on-site inspection cannot exceed twenty working days.

The results of supervision are, among other things:

— initiation of a case of an administrative offense;

— issuing requirements to subjects of transport activities to cease illegal actions in order to eliminate threats to the safety of citizens;

— issuance of a binding order to eliminate violations of mandatory safety requirements when operating vehicles, performing work and providing services for the maintenance and repair of vehicles;

— submission to managers and officials of subjects of transport activity of mandatory submissions on eliminating the causes and conditions that contributed to the commission of administrative offenses;

— delivery (direction) of the inspection report to the head of the legal entity, other official or authorized representative of the subject of transport activities.