Do I need to change the analog tachograph to digital. Validity of analog tachographs with a puck by law Can an analog tachograph be used

17.07.2019

Up to what date can AESTR analog tachographs and tachographs without NCM block (SKZI) be used? When is the ban on the use (operation) of AETR analog tachographs and tachographs without an NCM block (SKZI)? What to do with tachographs without the NKM block (SKZI) in order to comply with the current legislation? The answers to these and many other questions in the material of this article...

From July 01, 2016, analog tachographs (AESTR), as well as Russian tachographs without an NCM block (SKZI), are banned from operation in the territory of the Russian Federation.

Previously, these tachographs were allowed to be used until January 01, 2018, subject to certain conditions, but this period was reduced!

More precisely:

analog tachographs could be operated until January 01, 2018, provided that they were installed on the vehicle by the vehicle manufacturer before June 16, 2010;
tachographs without the NKM unit (SKZI) could also be used until January 01, 2018, provided that they were installed on the vehicle of the workshop before March 11, 2014.

Why was the deadline shortened? In our opinion, there are two factors here:

This is primarily due big amount fraud by unscrupulous carriers, who, in order to save their own money, installed such tachographs "retroactively", since they are two times cheaper than tachographs with the NKM block (SKZI).
Fraud by unscrupulous workshops , who sold such tachographs to conscientious carriers, luring them with a low price for equipment, while not explaining to carriers about the illegality of installing such equipment. By such actions, the workshops deceived bona fide carriers astray. (In our opinion - pure fraud!)

ATTENTION ACTION! FREE CHECK of tachographs for compliance with current legislation. We help to return cash paid to scammers and restore justice!

A COMMENT:

Well, if with analog tachographs AESTR - everything is clear, this is clearly written in the order. Regarding tachographs without the NKM block (SKZI), many customers have questions. We explain:

It is not the tachographs themselves that fall under the ban, but cards for tachographs without the NCM block (SKZI), since they do not meet the requirement Appendix N 1 to the order of the Ministry of Transport of Russia N 36, namely they are not crypto-secure.

WE QUOTE THE EXTRACT FROM APPENDIX No. 1 to ORDER No. 36:

Application No. 1. Requirements for tachographs installed on vehicles.

CHAPTER 1 General provisions.

Item 4. Types of tachograph cards:

1) driver card - provides identification and authentication of the driver using encryption (cryptographic) means , as well as storing data on the driver's activities;

The full text of the order of the MINISTRY OF TRANSPORT No. 36 can be found on the website of the AUTOMOBILE TRANSPORT AGENCY and.

The list of cards corresponding to Order No. 36 is published on the website of the AUTOMOBILE TRANSPORT AGENCY and . As a result, we see that these are only production cards FSUE "NTC "ATLAS". Take a look at your driver card for the tachograph and see who made it - the answer is obvious!

REASONABLE QUESTION: Why are cards for tachographs without a NKM block (SKZI) banned from July 01, 2016, and not the tachographs themselves?

ANSWER: It would not be correct to prohibit tachographs without an NCM (CIPF) block, since many models can be retrofitted with an NCM (CIPF) unit, replace the driver card, which will bring the digital tachograph of the Russian Federation into compliance with the current legislation, the main thing is that the tachograph model and the version of the board fall into the list approved for operation on the territory of the Russian Federation. The list of models of similar tachographs is also published on the AUTOMOBILE TRANSPORT AGENCY website and.

ATTENTION!!! To simplify the work of controllers represented by traffic police inspectors (STSI) and the transport inspectorate ROSTRANSNADZOR, AUTOMOBILE TRANSPORT AGENCY has opened access to the online service for checking RF and AETR cards. We also recommend that you check your card in advance now in order to avoid "unpleasant nuances" after the ban on July 01, 2016.

You can promptly replace a digital tachograph without an NCM (CIPF) unit with a new one, retrofit it with an NCM (CIPF) unit, and also order a driver card for a digital tachograph of the appropriate type from us at STAVINTECH- contact our sales department!

IMPORTANT!!! On the cards of drivers in the process of using tachograph cards, a huge number of violations of work and rest regimes are collected, caused by improper operation of the tachographs themselves and ignorance of the norms of the order of the Ministry of Transport No. 15. When meeting with the inspector, this will lead to a large number fines! In order to avoid administrative sanctions, we strongly recommend that you read the following articles on our blog:

- typical driver mistakes

- correct use tachograph

- modes of work and rest

- reading data

If this educational program is not enough for you, you can read the source text of the documents and our comments on them below:

Now let's look at the chronology of events:

On December 2, 2015, the Order of the Ministry of Transport No. 348 appears, which amends Order No. 273 of August 21, 2013 regarding the procedure for equipping vehicles with tachographs and clarifies the list of exceptions.

TEXT OF REGULATION

Order of the Ministry of Transport of the Russian Federation of December 2, 2015 N 348 "On Amending the Procedure for Equipping Vehicles with Tachographs, approved by Order of the Ministry of Transport of the Russian Federation of August 21, 2013 N 273"

In accordance with the Government Decree Russian Federation dated November 23, 2012 N 1213 "On the requirements for tachographs, categories and types of vehicles equipped with them, the procedure for equipping vehicles with tachographs, the rules for their use, maintenance and control of their work" (Collected Legislation of the Russian Federation, 2012, N 48, art. . 6714)

Amend the Procedure for equipping vehicles with tachographs, approved by order of the Ministry of Transport of the Russian Federation of August 21, 2013 N 273 (registered by the Ministry of Justice of Russia on February 24, 2014, registration N 31407), taking into account the changes made by order of the Ministry of Transport of Russia of October 21, 2015 g. N 314 (registered by the Ministry of Justice of Russia on November 11, 2015, registration N 39665), according to the annex to this order.

Minister M.Yu. Sokolov

Appendix to the order of the Ministry of Transport of the Russian Federation of December 2, 2015 N 348

Changes to the Procedure for equipping vehicles with tachographs, approved by order of the Ministry of Transport of the Russian Federation of August 21, 2013 N 273 (registered by the Ministry of Justice of Russia on February 24, 2014, registration N 31407)

In paragraph 3 of the Procedure for equipping vehicles with tachographs:

1) paragraph seven after the words "(AETR * (2), Geneva, July 1, 1970)" shall be supplemented with the words ", with the exception of technical means of monitoring the observance by drivers of driving, work and rest regimes that do not ensure the registration of information on tachograph cards, made in the form of a plastic card with an electronic data carrier and complying with the requirements for tachographs installed on vehicles (Appendix N 1 to the order of the Ministry of Transport of Russia N 36), or the requirements of the AETR (hereinafter referred to as analog control devices)";

2) the eighth paragraph after the words "dated September 10, 2009 N 720*(3)" shall be supplemented with the words ", with the exception of analog control devices";

3) add paragraph nine as follows: "vehicles of categories N2, N3, M2, M3, equipped with analog control devices - until July 1, 2016".

The official text of the document can be found on the website of the AUTOMOBILE TRANSPORT AGENCY

A COMMENT: Of course, clarity has increased, but not everyone understands, there is no specifics and there is a double interpretation, therefore, on December 10, 2015, the AUTOMOBILE TRANSPORT AGENCY publishes an Information Letter with explanations.

TEXT OF THE REGULATORY DOCUMENT

From July 1, 2016, the operation of vehicles equipped with technical means monitoring compliance by drivers with driving, work and rest regimes that do not ensure the registration of information on tachograph cards made in the form of a plastic card with an electronic data carrier and complying with the requirements for tachographs installed on vehicles (Appendix No. 1 to Order No. 36 of the Ministry of Transport of Russia), or AETR requirements (hereinafter referred to as analog control devices). The relevant changes were approved by Order of the Ministry of Transport of Russia dated December 2, 2015 No. 348 “On Amendments to the Procedure for Equipping Vehicles with Tachographs, approved by Order of the Ministry of Transport of the Russian Federation dated August 21, 2013 No. 273”.

We also inform you that FBU Rosavtotrans records in the relevant lists information about each copy of the card that meets the requirements for tachographs installed on vehicles (Appendix No. 1 to Order No. 36 of the Ministry of Transport of Russia). Information from the list is posted on the official website of FBU Rosavtotrans in the Equipment Check section of the Maps of the Russian Federation. All cards that meet the requirements of the AETR are registered in the register of issued cards (cards) used in digital control devices installed on vehicles in accordance with the order of the Ministry of Transport of Russia dated May 21, 2012 No. 145 “On approval of the procedure for issuing cards (cards) used in digital control devices installed on vehicles. The register is maintained by FBU Rosavtotrans. Information from the register is posted on the official website of the FBU Rosavtotrans in the Equipment Check section of the AESTR Cards.

Information about tachograph cards can be checked in the "Checking equipment" section by entering the tachograph card number and the date of its validity.

Tachograph cards issued on the territory of the Russian Federation and not listed in the "Checking Equipment" section do not meet the requirements for tachographs installed on vehicles (Appendix 1 to the order of the Ministry of Transport of Russia No. section "Check Equipment" is an analog control device, and its operation is prohibited from July 1, 2016.

The official version of this letter can be found on the ROAD TRANSPORT AGENCY website and

A COMMENT:After the publication, a huge number of requests began to arrive.therefore, on December 19, 2015, the AUTOMOBILE TRANSPORT AGENCY publishes another Information Letter with explanations.

TEXT OF THE REGULATORY DOCUMENT

In connection with the receipt of a large number of requests regarding analog control devices, in addition to the letter dated February 10, 2016 No. 08-02/363, we announce the following.

The obligation to equip vehicles with technical control devices that ensure continuous, uncorrected recording of information about the speed and route of the vehicle, about the mode of work and rest of the driver of the vehicle (tachographs) is established for legal entities and individual entrepreneurs, carrying out activities in the territory of the Russian Federation related to the operation of vehicles, is established by paragraph 10 of paragraph 1 of Article 20 of the Federal Law of December 10, 1995 No. 196-FZ "On Security traffic”(hereinafter - Federal Law No. 196-FZ), which entered into force on April 1, 2013.

According to the paragraph of Federal Law No. 196-FZ, the requirements for tachographs, the categories and types of vehicles equipped with them, the procedure for equipping vehicles with tachographs, the rules for their use, maintenance and control of their work are established in the manner determined by the Government of the Russian Federation. Decree of the Government of the Russian Federation of November 23, 2012 No. 1213 "On the requirements for tachographs, categories and types of vehicles equipped with them, the procedure for equipping vehicles with tachographs, the rules for their use, maintenance and control of their work" established that the requirements for tachographs, categories and the types of vehicles equipped with them, the rules for their use, maintenance and control of their work are approved by the Ministry of Transport of the Russian Federation in agreement with the Federal Security Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation, the procedure for equipping vehicles with tachographs is established by the Ministry of Transport of the Russian Federation.

In pursuance of these provisions of the legislation, the Ministry of Transport of Russia issued an order dated February 13, 2013 No. 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 on vehicles" (hereinafter - Order of the Ministry of Transport of Russia No. 36).

In accordance with Appendix No. 2 to Order No. 36 of the Ministry of Transport of Russia, the following categories and types of vehicles put into circulation and in operation on the territory of the Russian Federation are equipped with tachographs:

vehicles used for the carriage of passengers, having, in addition to the driver's seat, more than eight seats, the maximum mass of which does not exceed 5 tons (category M2);
vehicles used for the carriage of passengers, having, in addition to the driver's seat, more than eight seats, the maximum mass of which exceeds 5 tons (category M3);
means of transport intended for the carriage of goods maximum weight over 3.5 tons, but not more than 12 tons (category N2);
vehicles intended for the carriage of goods, having a maximum mass of more than 12 tons (category N3);

with the exception of:

vehicles of category M2, M3, carrying out urban and suburban regular transportation in accordance with the Rules for the carriage of passengers and baggage by car and urban terrestrial electric transport, approved by the Decree of the Government of the Russian Federation of February 14, 2009 No. 112;
vehicles approved for international road transport in accordance with the admission card for motor vehicle for the implementation of international road transport of goods and passengers (Order of the Ministry of Transport of Russia dated November 22, 2004 No. 36 "On approval of the forms of license forms, license cards, admission certificates and access cards" (registered by the Ministry of Justice of Russia on December 17, 2004, registration No. 6204) equipped with control devices in accordance with the requirements European agreement relating to the work of crews of vehicles producing international road transport(AETR, Geneva, 1 July 1970);
passenger and cargo trolleybuses;
concrete pump trucks, concrete mixer trucks, asphalt distributors, truck cranes and vehicles equipped with loader cranes, ambulances medical care, tow trucks, fire trucks, vehicles for public utilities and road maintenance, vehicles for servicing oil and gas wells, vehicles for the transportation of cash proceeds and valuable goods, vehicles equipped with lifts with working platforms, medical complexes on the chassis of vehicles, mobile shops, buses for funeral services, cars - houses, armored vehicles, self-propelled agricultural vehicles, mobile laboratories and workshops, mobile reportage television studios;
vehicles registered with military motor vehicle inspectorates or automotive services federal executive bodies in which military service is provided for by federal law;
vehicles of bodies carrying out operational-search activities;
vehicles registered by the bodies exercising state supervision over technical condition self-propelled machines and other types of technology;
vehicles included in the list of types and categories of wheeled vehicles, from the year of manufacture of which 30 years or more have passed, which are not intended for commercial transportation of passengers and goods, have original engine, body and frame (if any), preserved or restored to their original condition, and in respect of which the disposal fee is not paid, approved by Decree of the Government of the Russian Federation of August 30, 2012 No. 870 “On disposal fee in relation to wheeled vehicles”;
buses with more than 20 seats and trucks with gross weight over 15 tons, intended for long-distance and international transportation, equipped before November 8, 2013 in the manufacture of tachographs in accordance with the Decree of the Government of the Russian Federation of August 3, 1996 No. 922 "On improving the safety of intercity and international transportation of passengers and goods by road" .

By order of the Ministry of Transport of Russia dated August 21, 2013 No. 273, the Procedure for equipping vehicles with tachographs (hereinafter referred to as the Procedure) was approved, establishing the procedures and stages for equipping vehicles of various categories and types with tachographs.

In particular, the specified Procedure for vehicles put into circulation and in operation on the territory of the Russian Federation, specified in Appendix No. 2 to the order of the Ministry of Transport of Russia No. 36 to the words "except", the following terms of equipment are established:

vehicles of categories N2, N3, M2 and M3 equipped by vehicle manufacturers before April 1, 2014 with technical means of monitoring compliance by drivers with driving, work and rest regimes that comply with the requirements of the European Agreement concerning the work of crews of vehicles producing international automobile transportation (AETR, Geneva, July 1, 1970), with the exception of technical means of monitoring compliance with driving, work and rest regimes by drivers that do not ensure the registration of information on tachograph cards made in the form of a plastic card with an electronic information carrier and corresponding to the requirements for tachographs installed on vehicles (Appendix No. 1 to the order of the Ministry of Transport of Russia No. 36), or the requirements of the AETR (analog control devices), - until January 1, 2018;
vehicles of categories N2, N3, M2, M3, equipped with technical means of monitoring the observance by drivers of driving, work and rest regimes, which do not ensure the registration of information on tachograph cards made in the form of a plastic card with an electronic information carrier and complying with the requirements for tachographs installed on vehicles (Appendix No. 1 to the order of the Ministry of Transport of Russia No. 36), or the requirements of the AETR (analog control devices), - until July 1, 2016.

The relevant changes were approved by Order of the Ministry of Transport of Russia dated December 2, 2015 No. 348 “On Amendments to the Procedure for Equipping Vehicles with Tachographs, approved by Order of the Ministry of Transport of the Russian Federation dated August 21, 2013 No. 273”.

When carrying out international road transport, the obligation to install on vehicles and use control devices (tachographs) for recording the mode of work and rest of vehicle drivers is established by Article 8 of the Federal Law of July 24, 1998 No. 127-FZ “On State Control over International Road Transport and on responsibility for violating the procedure for their implementation.

Vehicles approved for international road transport in accordance with the vehicle permit card for international road transport of goods and passengers are equipped with control devices in accordance with the requirements of the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR, Geneva , July 1, 1970).

The official version of this letter can be found on the websiteAUTOMOBILE TRANSPORT AGENCIES and

A little digression...

ATTENTION!!! A huge number of violations are collected on driver cards for digital tachographs. To avoid this, it is necessary for responsible persons of enterprises to regularly read data from cards, analyze and prevent violations. For this, it is convenient to use the GR.CARDS software package. Software works on cloud technology and is available for use from any computer with Internet access.

We offer a FREE version of the GR.CARDS software package for enterprises!

The software package allows:

read information from any driver cards (AESTR, CIPF and without CIPF)
store read data indefinitely
create an unlimited number of information reading points
upload data for submission to regulatory authorities
monitor the expiration dates of driver cards for digital tachographs
view the history of driver activity by day
view the odometer and mileage of the vehicle for any period of time
monitor the timing of the next tachograph calibrations
promptly reminds about observance of deadlines for reading
monitors the status of tachographs at the enterprise
unlock the card on your own without contacting specialized services
conduct full analysis observance of work and rest regimes by drivers for compliance with the norms of the current legislation

More about the capabilities of the software package

IMPORTANT!!! DON'T FORGET to buy a USB reader for downloading data from driver cards for digital tachographs. For normal operation It will be enough for you to purchase an inexpensive smart CARD reader solution! You can buy from us or in any digital electronics supermarket.

The answer to the question of whether it is possible to drive with an analog tachograph in 2019 (yes, you can) is somewhat unexpected in light of the well-known innovations, according to which it is not allowed.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

However, in reality, even in 2019, it is allowed to move around Russia with a European-style analog tachograph (AETR), although the Russian-style device is now unconditionally forbidden to operate.

General information

Tachographs are devices that record the flight parameters of a driver working on vehicle. With their help, his working day is controlled.

These devices are divided into older, analog, and more modern, digital. Currently in general case the use of older analog models is no longer permitted.

The driver can only have digital devices on his vehicle. You can use analog tachographs in 2019 only in one case, when this device meets European requirements (AETR) and if the car itself has the right to cross the Russian border.

Basic concepts

The tachograph is an on-board device installed on trucks weighing more than 3.5 tons and on buses that include eight seats and more.

These devices are designed to determine the basic parameters of a given flight of the vehicle.

The tachograph sets the distance traveled, records the time spent on the trip and calculates the speed of the device.

In addition, he remembers how much time during the day the driver or drivers spent on work and rest. Its purpose is to protect the labor rights of the driver, the device does not allow him to violate the labor regime.

What types are divided by design

According to their design, tachographs are divided into analog and digital. The former are considered less modern devices and gradually give way to the second.

Analog tachographs are similar in appearance to either a speedometer or a radio tape recorder. They are equipped with a paper puck (disk) that fits inside the device.

Digital tachographs look like radio tape recorders. These devices receive information about the movement of the car from sensors, one of which is mounted on the gearbox of the car.

This device works with a driver card. All information available to the device is entered both on the memory device in the tachograph itself and on the driver card placed in its slot.

Equipping vehicles in Russia with new analog tachographs has been prohibited since 2014.

The reason for this decision was that digital devices are more modern, so from that time a course was taken to switch to them.

At the same time, in the future, it was allowed to use vehicles on which the analog device was installed before 2014.

As of 2019, this option has been cancelled. Required to install new model tachograph and on the devices on which the old one was originally installed.

The legislative framework

The legislative framework for the operation of tachographs and the replacement of analog devices with digital ones includes:

"On approval of requirements for tachographs installed on vehicles ...", adopted on February 13, 2013
, adopted on August 21, 2013, including amendments of December 28, 2015;

Operation features

The operation of an analog tachograph is not particularly difficult. The device looks like a speedometer or car radio, and all its functions are obvious to an experienced driver.

In particular, a device that resembles a speedometer in appearance has indicator lights (red lights) that are placed below the scale.

If, in particular, the left warning lamp lights up, this indicates a general problem, due to the presence of which the device is not able to work.

In particular, its front cover may not be tightly closed or not closed at all. Also, a light on the left may be a sign that the device is missing a disk, or that its pen has broken.

The right red light under the scale, in turn, is designed to signal the driver's acceleration above the planned limit.

He adjusts this bulb himself, determining the maximum allowable speed. To do this, the driver opens the front cover and sets the required figure by turning the screw in the window.

There is also a counter on the speedometer display, which records the total mileage of the vehicle. All digits on this meter white color, they show the number of kilometers driven.

The exception is the rightmost figure, which shows hundreds of meters (tenths of a kilometer). She is dyed red.

On both sides of this distance meter there are knobs with which you can configure which driver you want to record given time work, on the first or second.

The one of the handles that refers to the driver who is not currently driving indicates the crossed-out square at the top. Thus, the device determines that given driver does not work.

At the same time, the device itself automatically fixes two main modes related to the work of another driver. When the vehicle is running, this time is memorized as driving mode time.

When the car is stationary, this time is defined as the mode passive work. It is assumed that in this case the driver is either in a traffic jam or stops at a traffic light.

Thus, if the switch knob is directed towards the hammers with a cross, then it is assumed that during this period the driver is either moving or busy servicing the vehicle.

In the second case, he is not driving, but fixes malfunctions, draws up the required paperwork, etc. The tachograph distinguishes these two situations by the presence or absence of vehicle movement.

If the handle is directed to the chair (or bed), then the corresponding period of time is regarded as rest.

During these hours, the car should not move, the driver himself also does not perform any work operations.

How to use this factory installed device

The driver, before starting the trip, needs to be sure that this chart disk is comparable to the model of the analog tachograph installed on his vehicle.

In addition, he is required to enter the required information on the puck by hand, namely:

Next, the washer for the tachometer is placed in the proper slot. For this purpose, it is required to lift the cover on the panel located on the front of the device. Next, the carrier is inserted into the groove and the cover is lowered back.

If the vehicle is driven by two drivers at once, then the washers of both of these employees are inserted into the two connectors.

In this case, the information will be entered on the carrier for which it is determined by the position of the handle pointing to the crossed hammers. The carrier of the other driver must point to the crossed-out square.

During the trip, the performer in this moment duty, the driver does not switch the tachometer to driving and passive operation.

The device performs this action independently, focusing on whether the car is moving or standing. In this case, before the start of the interval occupied by rest, the driver is obliged to indicate the relevant fact himself by pointing the pen at the crib icon.

When finished using the tachograph washer, the driver removes it from the socket. Then he enters into the center of the device information based on the results of these 24 hours, namely:

Name locality in which the puck was removed and the time of this action;
the figure on the odometer at the end of the working period;
total distance travelled.

Validity

The driver keeps the puck, which contains information for the day, for 28 days.

Thus, a driver whose vehicle is equipped with an analog tachograph is required to keep 29 discs in the car, including the one in the tachograph.

It is this number of them that he is obliged to submit to the traffic police inspector at. At the same time, it was established that the traffic police officer who checks the disks is obliged to put his personal stamp on each of them, certifying the completed check.

Their withdrawal is not allowed, it is equated to the manipulation of pucks. After this time, the disks are transferred to the legal entity that hired this driver or to an individual entrepreneur.

At the same time, the enterprise is obliged to store the discs for three years, after which they can be disposed of.

Do I need to change the analog tachograph to digital in 2019

The general rule is that it is necessary. It was determined that on all vehicles equipped with such a device, it was necessary to replace it with a digital device by January 1, 2019.

However, there is a significant exception to this rule. former analog type, cannot be replaced.

If the vehicle has such a device and if the driver owns a card that gives access to international road transport (IAP), he does not need to make such a replacement.

When determining whether the use of an analog tachograph is in the law or not, it is worth checking whether it is not European.

Of course, you should not pass off a Russian tachometer as a European one, since it will be impossible to deceive the inspector, they are too different.

Thus, analog tachographs domestic production, the installation of which was allowed until 2014, and with which, starting from this year, it was only possible to drive, but not put them on the vehicle, are completely prohibited in 2019.

Video: do I need to change the puck device

How much will a replacement cost

Replacing an analog tachograph with a digital one will cost 32–40 thousand rubles. At the same time, when studying proposals, it is worth paying attention to whether it is only about installing the device or about performing the whole range of work with the tachograph, including calibration, (“turnkey”).

Currently, prices for this procedure may be higher than in 2017, when to change analog tachograph digital was not too late.

Wherein self-installation devices are not allowed. Its installation on a vehicle can only be performed in a workshop whose employees understand the connection diagrams of various devices and at the same time have permission to perform this kind of work.

A list of workshops with this right can be found on the Internet.

Is there a penalty for driving with this device?

Since the use of an analog tachograph is not allowed in 2019, its presence on a vehicle may be the basis for a fine.

At the same time, this violation will be qualified as the absence of a tachograph, and the driver will be punished with a fine for driving without such a device.

Its value will be 1000-3000 rubles for the driver himself. In its turn entity who owns the vehicle may be punished with a fine of 5,000 to 10,000 rubles.

Of course, such rules do not apply if the vehicle is equipped with an analog tachograph that complies with AETR standards, and the vehicle itself is designed for travel outside of Russia.

At the same time, in practice, such a vehicle may not cross the borders of Russia, remaining within the country.

And in the case when it is used exclusively for domestic transportation, the driver and the company are not charged with anything.

The actual performance of a flight abroad is not necessary. In 2019, it is quite enough to have an analog tachometer on board exactly according to the AETR standards, but not a prohibited domestic sample.

Thus, the use of an analog tachograph in 2019 is banned.

According to changes in order of the Ministry of Transport No. 273 from July 1, 2016, owners of cargo vehicles must switch to digital tachographs. And it looks like this time the timing of the entry into force new norm laws will not change. How prepared are carriers for innovation? And, in fact, what should they prepare for in connection with the onset of "Day X"? We spoke with experts whose views on the upcoming changes, to put it mildly, do not coincide.

Short story question

One of the most common causes of death on the roads is driver fatigue. And the most severe accidents are associated with the fatigue of professional drivers driving vehicles of categories N3 - weighing over 12 tons.

To solve this problem, since 2009, the Government of the Russian Federation has taken a number of measures, including those aimed at introducing control over the mode of work and rest of drivers:

In 2009, in accordance with the Decree of the Government of the Russian Federation of September 10, 2009, the introduction of a new type of tachograph began, the transition from analog to digital tachographs.

In 2010 - 2011 began mass production tachographs within the framework of Decree 720 of the Government of the Russian Federation.

In 2013 were introduced Additional requirements to tachographs in accordance with Order No. 36 of the Ministry of Transport, subject to mandatory compliance with Order No. 720 of the Government of the Russian Federation. Introduced direct responsibility for the lack of a tachograph.

In 2015, the regulations of the Customs Union came into force, with an approved transitional period until July 01, 2016.

Note that the order of the Ministry of Transport of the Russian Federation No. 36 "On approval of the procedure for equipping vehicles with tachographs" contains requirements for equipping buses and trucks engaged in commercial transportation with new generation tachographs using cryptographic information protection tools (CIPF).

It was assumed that the installation of tachographs would take place in several stages. From April 1, 2014, trucks carrying dangerous goods, from July 1, 2014 - buses and trucks weighing more than 15 tons, from September 1, 2014 - trucks weighing from 12 tons, from April 1, 2015 - trucks weighing from 3.5 to 12 tons.

For vehicles already equipped with means for monitoring work and rest regimes, a mandatory period for equipping with new tachographs was provided - January 1, 2018.

However, then the installation dates for digital tachographs were postponed - and the "starting point" was July 1, 2016.

First of all, it must be noted that for carriers operating international shipping and for carriers engaged exclusively in domestic transportation, the requirements for tachographs from July 1 will be different.

For carriers engaged in international road transport, the requirements of the AETR agreement (International Agreement Concerning the Crews of Vehicles Carrying out the Transportation of Goods and Passengers) are mandatory. In this case, carriers are required to comply with the following regulations: TR CU 018/2011; AETR; 127 FZ; 195 FZ; 196 FZ; 197 FZ. Analog tachographs for international carriers are allowed.

For carriers engaged exclusively in domestic transportation, the requirements of the legislation of the Russian Federation are mandatory, which provide for a different type of tachograph that is not compatible with the AETR. The technical requirements for this type of tachograph are set out in the Order of the Ministry of Transport No. 36, and the equipment procedure is in the Order of the Ministry of Transport No. 273. In this case, carriers must comply with the following regulations: TR CU 018/2011; 195 FZ; 196 FZ; 197 FZ; Decree of the Government of the Russian Federation 1213; Orders of the Ministry of Transport No. 36, No. 273, No. 15, No. 348 (amending Order No. 273).

It is important to note that the operation of vehicles with analog tachographs for road carriers operating domestic flights is not prohibited and cannot be prohibited in accordance with applicable law, up to the disposal of the vehicle. Although some carriers believe that the operation of such vehicles will be prohibited from July 1. This is wrong.

The source of the misunderstanding in this matter was the letter of the FBU Rosavtotrans dated February 10, 2016, which stated:

However, later, says Gennady Linnik, Director for Interaction with State Authorities and Public Organizations of ATOL DRIVE LLC, on February 29, 2016, the authors of this letter posted an addition to the previous letter on the Rosavtotrans website, in which they detailed the legal basis for equipping vehicles with tachographs. According to this letter, the ban on the operation of vehicles with analog tachographs is not introduced by order of the Ministry of Transport No. 348, however

For the lack of a technical means of monitoring compliance by drivers with driving, work and rest regimes that do not ensure the registration of information on tachograph cards made in the form of a plastic card with an electronic information carrier and corresponding to the requirements for tachographs installed on vehicles (Appendix N 1 to the order of the Ministry of Transport of Russia N 36), or the requirements of the AETR (hereinafter referred to as analog control devices) "on vehicles of categories N2, N3, M2, M3, performing domestic transportation from July 1, 2016, the sanction of Article 11.23 of the Code of Administrative Offenses will be applied by the employees of the regulatory and supervisory authorities.

In other words, although the vehicles themselves, equipped with analog tachographs, are not subject to the ban, for the lack of digital tachographs with CIPF, trucking companies operating domestic carriers can be fined from July 1, ”concludes G. Linnik.

Tachograph as an object technical regulation

No public authority has the right to demand the replacement of an analog tachograph if it has or had a certificate of conformity at the time of its production / installation, meeting legal requirements, and therefore safe in operation, - says Maxim Sukhomlinov, Director of the Service Department of the Reliable Contact Group of Companies.

The expert argues his point of view, referring to paragraph 65 of Table 4 of Appendix 1 technical regulation"On the safety of wheeled vehicles of the Customs Union" (TR CU 018/2011), which entered into force on the territory of the Russian Federation on January 01, 2015.

Based on this document, the requirements of FZ-184 "On Technical Regulation" fully apply to the tachograph, in particular, the procedure for confirming compliance with current legislation. Based on Article 20 of the Federal Law No. 184 "On Technical Regulation", confirmation of compliance lies in the certification procedure. The result of the procedure for confirming compliance with the current legislation is a certificate of conformity.

Since, on the basis of paragraph 65 of Appendix 10 of the Technical Regulation on the Safety of Wheeled Vehicles of the Customs Union (TR CU 018/2011), the tachograph is a component of the vehicle, it must comply with the requirements of the Technical Regulation on the Safety of Wheeled Vehicles of the Customs Union (TR CU 018/2011), which must be confirmed by the TR CU Certificate of Conformity. All certificates of compliance with the Technical Regulations on the safety of wheeled vehicles are subject to mandatory registration and are freely available on the website of Rosacreditation.

Thus, M. Sukhomlinov explains, in accordance with Part 1 of Article 54 of the Constitution of the Russian Federation: "The law establishing or aggravating liability does not have retroactive effect", that is, all tachographs that have certificates of compliance with current legislation at the time of their production / installation, even after the expiration of the certificate itself remain "in the law". The most common analog tachographs 1324 and 1318 have or have had a valid certificate of compliance with the Technical Regulations on the safety of wheeled vehicles. Moreover, these tachographs are included in the Register of Measuring Instruments, which allows them to carry out State verification, which in turn gives the legal significance of their testimony, and this, in accordance with Federal Law -102 "On ensuring the uniformity of measurements", allows such tachographs to participate in state control. Thus, as mentioned above, the Ministry of Transport of the Russian Federation does not prohibit the operation of vehicles with analog tachographs. The Ministry of Transport of the Russian Federation cannot violate the law with its regulatory legal acts, the expert concludes, this does not happen.

Therefore, M. Sukhomlinov insists, the Ministry of Transport simply recommends re-equipping only those vehicles with analog tachographs that have tachographs that do not have a certificate of conformity. Such tachographs include TGK-100, 1319, 1314, etc.

However, I would not recommend the owners of such tachographs to rush to replace such tachographs, - continues M. Sukhomlinov. - On October 16, 2015, the Government of the Russian Federation issued Decree No. 1108. It defines the executive authorities and their powers in the field of compliance with the requirements of the Technical Regulations "On the safety of wheeled vehicles of the Customs Union". We remind you that the tachograph is a component of the vehicle and therefore is within the scope of this Technical Regulation.

The body exercising control in the field of safety of wheeled vehicles in operation (and therefore their components) is now the Ministry of the Interior, in particular the traffic police. Thus, the Ministry of Transport of the Russian Federation cannot impose mandatory requirements on vehicles in operation, as well as on their components, in particular tachographs. This fact is also confirmed by article 4, paragraph 3 of the Federal Law-184 On technical regulation:

It is important to pay attention to the following terminological subtlety, - continues M. Sukhomlinov. - Order of the Ministry of Transport No. 348 requires to equip with tachographs by July 1, 2016 those vehicles that have been installed not analog tachographs, but "analog control devices". That is, tachographs that did not have and do not have a certificate of conformity with one of the Technical Regulations on the safety of wheeled vehicles.

Thus, analog tachographs are in principle not subject to mandatory replacement. No public authority has the right to demand the replacement of an analog tachograph if it has or had a certificate of compliance with the legal requirements in force at the time of its production / installation, and therefore safe to operate. Orders of the Ministry of Transport No. 36, 273, 348 are exclusively advisory in terms of technical requirements, - concludes M. Sukhomlinov.

In support of his position, M. Sukhomlinov cites the decision of the Arbitration Court of the Magadan Region of May 13, 2016 in the case between the UGADN of the Magadan Region and PJSC "Magadanenergo" about tachographs that do not meet the requirements of Order 36 of the Ministry of Transport on May 13, 2016:

This is the first of its kind, in which all legislation in the field of tachography was analyzed in detail. The court recognized that the presence of a cryptoprotection block in the tachograph is only advisory and not mandatory.

Indeed, PJSC "Magadanenergo" applied to the Arbitration Court of the Magadan Region with an application to invalidate paragraph 5 of the order of the State Road Supervision Authority for the Magadan Region of the Federal Service for Supervision in the Sphere of Transport No. 01-16 / 47 dated 11/11/2015, which states that the enterprise operates vehicles for the carriage of goods and passengers equipped with Continental-VDO1381 tachographs that do not meet the established requirements. To participate in the case as a third party, the company "Torgmontazh-Plus" LLC was involved, which carried out the installation of tachographs on the transport of PJSC "Magadanenergo".

As a result of the case, the claims of the applicant, the Public joint-stock company energy and electrification "Magadanenergo", satisfied. The order of the Department of State Road Supervision for the Magadan Region of the Federal Service for Supervision in the Sphere of Transport No. 01-16 / 47 dated November 11, 2015 was declared invalid in part 5.

RF PP No. 1213 dated November 23, 2012, Orders of the RF Ministry of Transport No. 36 dated February 13, 2013 and No. 273 dated August 21, 2013, imposing requirements on tachographs, were recognized as having an exclusively advisory nature, including in terms of the presence in the tachograph of the CIPF cryptoprotection block.

However, G. Linnik draws attention to the following significant circumstance:

First of all, there is no contradiction with the Technical Regulations of the Customs Union "On the safety of wheeled vehicles" TR TS 018/2011, since the equipment procedure is established by the regulatory legal acts of the Russian Federation, the state considers the means of monitoring compliance by drivers with driving modes as one of essential elements ensuring road safety ". Here is an excerpt from TR TS 018 / 2011 p. 14: "The design of vehicles of categories M2 and M3, which are commercially transporting passengers, and categories N2 and N3, which are commercially transporting goods, must be equipped ( regular places installation, fastening, power supply) by technical means of monitoring compliance with driving, work and rest regimes by drivers (tachographs). Equipment of vehicles with the specified equipment is carried out in the manner established by the regulatory legal acts of the states - members of the Customs Union. The requirements of this paragraph shall not apply to vehicles referred to in Article 2 of the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR)."

Order of the Ministry of Transport No. 36 was registered by the Ministry of Justice, and entered into force, - continues G. Linnik. - In accordance with Article 21 of the Code of Administrative Procedure of the Russian Federation, the norm of Order No. 36 of the Ministry of Transport can be challenged and declared illegal only by the Supreme Court of the Russian Federation. The decision of the Arbitration Court of the Magadan Region dated May 6, 2016 in case No. AZ7-66/2016 is not an assessment of the legality of Order No. 36 of the Ministry of Transport. Thus, only Supreme Court The Russian Federation may recognize Order No. 36 as inconsistent with the norms of the law. Part 3 of Article 4 of the Law on Technical Regulation directly provides for the possibility of issuing acts in the field of technical regulation by the federal executive authorities, that is, it is assumed that the requirements of technical regulations are not exhaustive and the requirements for products can be set out, among other things, in other acts. Manufacturers of tachographs with CIPF blocks received Certificates of compliance with the requirements of the Technical Regulations of the Customs Union "On the safety of wheeled vehicles" TR CU 018/2011. Thus, drivers and legal entities whose vehicles will not be equipped with the appropriate equipment by July 1, 2016 (and these are tachographs with CIPF for road carriers engaged in domestic transportation) can be fined from 1 to 3 thousand rubles for citizens and from 5 up to 10 thousand rubles for officials.

Final word experts

Maxim Sukhomlinov:

Ministry of Transport, presenting in its order No. 36 requirements technical nature(the presence of a cryptoprotection block in the object of technical regulation tachograph), exceeded his authority. Powers in the field of technical regulation belong to the Ministry of Industry and Trade. In Federal Law 184 "On Technical Regulation" in Chapter 4, paragraph 3, it is directly written - Executive authorities may issue regulations in the field of technical regulation only advisory nature. And the Ministry of Justice registers order No. 36 as mandatory.

As a result, over the past three years, transport workers have been equipping and re-equipping their cars with tachographs, with redundant, optional requirements, losing millions of rubles, which in no way affected road safety in general. So the result for today. According to FBU Rosavttrans, from 2013 to March 2016, a little less than 400,000 tachographs with CIPF were installed. According to the traffic police of the same period, the accident rate for the specified categories of transport has not decreased. Order of the Ministry of Transport No. 36 can only be advisory in nature, and, therefore, analog tachographs are not subject to mandatory replacement.

Gennady Linnik:

First of all, I note that the traffic police, on the contrary, declares that the accident rate has decreased for the specified categories of transport and calls for vehicles to be equipped with tachographs with CIPF individuals, according to which the statistics show an increase in the accident rate.

Currently, analog tachographs are almost completely out of service. They were replaced by newer, modern digital devices or devices that use special cryptographic information protection blocks in their design. These products fully comply with the requirements established in the countries of the European Union, which allows them to be used throughout the territory of the countries of the Old World and the states that adjoined them.
According to the current Russian laws, the operation of analog tachographs is allowed only until 07/01/2016.

An exception

But there are also relaxations in strictly observed rules. They are made for cars that were equipped with tachographs produced before 2010. But here there are additional requirements:
- obligatory connection of the device to the odometer
- the device has been calibrated (there are corresponding marks in the passport)
- the device is working, the slightest malfunctions are not allowed.

Briefly about the product

The tachograph is a special control on-board unit, which in without fail should be installed on modern trucks. With the help of this compact device, all the main parameters of the truck are monitored, speed, distance traveled, travel time, etc. are recorded. The most important parameter, which is also flawlessly "read" by modern devices - the working conditions of the driver. It is easy to see how much time a person spent behind the wheel, what and where he took breaks for rest, etc. It is important to note that each device has a special driver card for the tachograph with a personal access code, so it will not work to try to deceive the device.

The legislative framework

According to the order number 348 issued by the Ministry of Transport, drivers and owners trucks time was allotted for the installation of tachographs. Until 01.07.2016, all vehicles of this category must be equipped with special readers. For failure to comply with the order, strict liability follows - fines, car arrest, etc. It should be noted that the vast majority of car owners of such trucks turned out to be law-abiding citizens and complied with the instructions of the department.
However, this did not solve the problem. Fully. Continuing to improve the system of control over the movement of trucks, the working conditions of drivers and the transportation of goods, the Government continues to improve metering devices and is gradually upgrading them.

Deadline

The so-called "transitional" period provides for the possibility until January 1, 2018 to continue using the analog tachograph. The device has additional requirements, such as device calibration. But now lawyers are recommending changing old appliance. Moreover, the installation of the tachograph on freight car, which does not comply with the requirements of the law, is unacceptable.
And in less than a year, the use of an analog device will be banned completely. (already present)

Possible consequences

It is obvious that the installation of an outdated model will not bring any economic benefit. Moreover, the invested funds will not have time to pay off, so the loss will be obvious. So already now you should take care of the timely acquisition and re-equipment of the fleet (personal truck) with new, approved vehicles.
If, despite the warnings, someone decides to break the Law and try what is called “slip through”, nothing will come of it. Losses can be many times greater than the expected savings. If a tachograph that does not meet the requirements is found, traffic police officers regard this fact as the absence of a device. As a result, a fine administrative offense. The driver will have to pay 3,000 rubles, and the owner of the truck - up to 10,000 rubles. Impressive!

Summarize

A timely transition to a digital tachograph that fully meets the requirements established for such devices from 01/01/2018 is the right, far-sighted decision. You will not have forced downtime, fines, problems with the traffic police. Do business calmly, develop your company, acting strictly in the legal field!

But you can use the services of our workshop!

Our workshop has already mastered the service of issuing a vehicle access card to the carrier, which is specified in the exception. The international carrier card (admission card) does not force the carrier to actually engage in international transportation, it actually does not oblige you to anything, it provides many opportunities, the most important of them:

Do not change AETR tachographs, either analog or digital.
Do not spend money on replacing the CIPF block every 3 years.

As a result of the provision of this service, we save "unreal" money to our customers both immediately and subsequently.

In the winter of 2015, new changes appeared in the legislation of the Russian Federation regarding cargo and passenger traffic. On December 2, 2015, the Order of the Ministry of Transport of the Russian Federation No. 348 came into force. It obliges all owners of vehicles of categories N2, N3, M2, M3 to replace tachographs that comply with the European standard with devices equipped with an information cryptographic protection system - CIPF. For many, this amendment raises many questions. Drivers and owners of transport companies want to know if analogue puck tachographs are legal, how long they last, and how long they can drive without risking a fine. We will try to answer these questions in detail in our article.

Do I need to change the analog tachograph with a puck to digital and why

Prior to the entry into force of the order, devices with a washer were legally installed on cars and buses manufactured in Europe before 2006. Attempts to replace them began in 2014, since analog devices have a large number of disadvantages:

there is no way to check whether the device was installed within the legal time frame;
such tachographs very often act up and quickly fail;
it is very easy to deceive the system and enter false information into the device, since the puck is filled in by the driver manually, he can write any date and time;
to change the data on speed and distance, it is enough to install a magnet on the counter or turn off the power of the device.

Such devices are unreliable, they do not fully ensure road safety and driver control. But in our country there were not many who wanted to re-equip the vehicle with digital equipment. Therefore, Russia followed the example of Europe. There, a ban on analog tachographs has existed at the state level for about 10 years.

At the moment, there are only a few cases in which you can drive with this device:

the vehicle is used to transport goods and passengers abroad;
the analog device in the car was installed by the manufacturer;
if it is a bus with more than twenty seats;
for trucks with a carrying capacity of more than fifteen tons;
control equipment was installed before 8.11.13
the owner of the device with the washer has acquired an international carrier license.

In any other situation, to the question of whether an analog tachograph is in the law in Russia, there is only one answer: no, its use is contrary to the legislation of the Russian Federation. Now all carriers are required to operate devices with a CIPF block for passenger-and-freight transportation across Russia. If the leader transport company decides to deceive the law and acquires a license for international transportation, while doing domestic transportation, he will be fined. At the first check waybill find out at what points the vehicle was located. The responsible person will be forced to replace the device with a digital one, and may also receive a fine.

Validity of tachographs with washer

The official deadline for the replacement of on-board monitoring equipment in the Russian Federation is until July 1, 2016. By this time, all devices in which information was stored on the washer must be dismantled, and new digital ones installed instead. They provide reliable protection information from hacking and prevent the possibility of forging data on the movement, mode of work and rest of the driver. Access to information in digital tachographs carried out through special keys– electronic cards with an individual PIN code. This blocks access to data for third parties.

Since officially the use of these models after 1.07.16 is illegal, their operation is equated to the absence of a control device. The driver can be fined from 1 to 3 thousand rubles, and executive- 5-10 thousand.

How much will a replacement cost

The average price of a modern on-board instrument CIPF - 35 thousand rubles. It is also worth remembering that all information stored in the CIPF block is under the jurisdiction of the FSB. Therefore, such a device requires the purchase of a special license, and it must also be activated. The activation cost averages 15 thousand rubles.

How to install a digital tachograph

Installation Methods for Devices different types vary somewhat:

In radio format

You just need to replace the equipment and calibrate.

in the form of a speedometer

In addition to the main work, it will also be necessary to install a speedometer with CAN bus. This is necessary to prevent discrepancies in instrument readings.

Devices 1319 or EGK 10

They also need to replace the existing speedometer with a CAN bus device.

How to start using digital tachograph

Proper installation and operation of the monitoring device includes the following steps:

Fill out the activation form

It contains data about the vehicle, organization and driver. It is very important to enter all the information correctly, otherwise you will need to purchase additional block SKZI. Activation connects the following elements:

vehicle;
tachograph;
CIPF block;
owner data.

Register

All data is transferred to Rosavtotrans, where the owner receives a certificate.

Install hardware

It is important to entrust this stage to licensed workshops. They, as a rule, are the manufacturers of tachographs. You should not contact dubious organizations offering greatly reduced prices for installation. A device that is not installed according to the standards will not work correctly.

Get trained

Usually, when replacing an analog tachograph with a digital one, drivers do not have problems. These devices have a fairly simple interface, besides, it comes with detailed instructions. For those who find it difficult to figure it out on their own, there are two options:

learning via the Internet: viewing visual materials, video instructions and lessons;
training in the company: a live presentation for employees, an explanation of the principles of operation of the device, answers to questions of interest.

Finally, it should be noted that replacement is a necessary and mandatory event. It is designed to protect you from problems with the law and increase the safety of all road users.