Fine for driving without a waybill from an organization or taxi

What is a waybill?

PL is a document that allows organizations:

1. Monitor readings on costs for fuels and lubricants, vehicle mileage, and parking costs.
2. Set wages and social benefits in accordance with the length of shifts.
3. Reduce tax expenses (for example, amounts spent on gasoline and other fuels and lubricants are not taken into account when calculating the company’s income tax).

This document is issued to the driver and includes columns with the following information:

• information about the number and validity period of the license;
• information about the vehicle (type, model, license plate, odometer readings before and after the trip, date of departure and return, date of pre-trip maintenance);
• data of the vehicle owner (name and details of the company or full name and details for individual entrepreneurs);
• driver details (full name, date of pre- and post-trip medical examination, certified by a medical professional).

An organization can draw up leaflets in any form, the key requirement is compliance with Order of the Ministry of Transport No. 152, which establishes the obligation to have this document for entrepreneurs and legal entities using vehicles for commercial purposes for transporting people and goods.

According to Order No. 476 of 2021, the PL must contain the data of the owner of the vehicle. From time to time, new requirements appear that representatives of organizations need to monitor in order to make timely changes to their travel forms.

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

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

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

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

From a specialist's point of view

Nikita Ignatiev

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

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

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

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

Who can check travel documents?

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

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

How much can a fine be for driving without a waybill?

If a motorist cannot provide the form due to its complete absence, he will be subject to an administrative penalty of 500 rubles. Motorists can even count on a warning without facing administrative liability. It should also be taken into account that material sanctions are applied not only in cases of complete absence of a PL, but also in case of its incorrect registration.

There is a certain system of punishments that sanctions illegal activities at various levels of the organization:

• 500 rubles - an ordinary citizen bears full responsibility for vehicles;
• 20 thousand rubles - the punishment for violation falls on the employee of the organization and he is responsible for the absence of a sheet;
• 100 thousand rubles is a financial penalty for legal entities.

Authorities can apply all preventive measures to the violator at once. An individual entrepreneur bears full legal responsibility even in cases where he is not listed among legal entities.

It is a mistake to believe that a waybill is an unnecessary formality. First of all, the PL is an official document that helps keep records and save money. Thus, this paper is considered a more convenient, reliable way to confirm payments from gas stations than checks. Therefore, the presence of such a form is beneficial to both the state and the car owner’s company.

It is important to know: if an organization has decided not to fill out travel forms every day, it needs to think about issuing official powers of attorney.

Fines for lack of waybill for individual entrepreneurs

Despite the relatively small size of the businesses of private entrepreneurs, the size of the fine can be quite impressive. The maximum fine for individual entrepreneurs is 100 thousand rubles. To avoid the loss of such funds, it is worthwhile to think in a timely manner about correctly filling out the forms necessary for carrying out activities.

Fines for lack of waybill for legal entities

Organizations are most often subject to rigorous audits. For this reason, waybills must always be available, regardless of the purpose for which the company car is used. Legal entities are subject to the maximum possible amount of material penalties.

What is the penalty for not having a “ticket”?

If the driver should have a waybill, but does not have one, when stopping, a traffic police officer may issue a fine. Although it is possible to issue a warning under this article.

Important! Errors in the sheet are equivalent to its absence.

What size of the fine does the Code of Administrative Offenses provide for the absence of a DP?

• for drivers – 500 rubles;
• for officials – 20 thousand. rub.;
• for legal entities and individual entrepreneurs – up to 100 thousand. rub.

Collections from individual entrepreneurs

If the entrepreneur is also a driver (some taxi drivers work this way), the fine can actually amount to 100,000 rubles.

Collections from organizations (legal entities)

Sometimes circumstances arise when employees who are not drivers and do not transport anything for commercial purposes are forced to use official vehicles. And even in this case, issuing a fine is legal. This is evidenced by the Supreme Court Decision No. 302-KG14-529 of 2014. The waybill is necessary because the company must ensure the safety of employees driving their vehicle. Otherwise, the organization faces a fine of up to 100 thousand rubles.

Collections from truck drivers

The truck driver is required to have a waybill. If the requirement is not met, a fine will be imposed. Its size will depend on who owns the vehicle – from 500 rubles to 100 thousand.

Collections from car drivers

If the driver is in a car without passengers or cargo, it is not necessary to have a permit. The same applies to the situation when a power of attorney is issued to the driver. The need for a waybill arises when passengers or luggage are transported in a passenger car. This rule also applies to taxis. If there is no voucher, a fine of up to 100 thousand rubles will be imposed. The size depends on the article of the Code of Administrative Offenses, which the inspector will point out.

Who can be fined?

The text of the Code of Administrative Offenses of the Russian Federation includes the terms “officials” and “legal entities,” but there are reservations that, from the point of view of the law, in this case not only a commercial/budgetary organization, but also an individual entrepreneur is considered a legal entity.
Self-employed individuals are not mentioned in the articles of the Code of Administrative Offenses of the Russian Federation, but we suspect that the traffic police inspector issuing a fine will not pay attention to the difference between individual entrepreneurs and self-employed citizens. Get a free demo version of the service for filling out and accounting for waybills

Shelf life and validity of PL

These deadlines are regulated by two orders of the Ministries, as well as one Federal Law and the Tax Code:

• No. 152 of the Ministry of Transport of 2008 - at least 5 years (no upper limit);
• No. 558 of the Ministry of Culture of 2010 - 5 years, if during this time an inspection by the regulatory body was carried out (if this did not happen, the sheets must be canceled upon expiration of the period);
• No. 402-FZ Art. 29 of 2014 – 5 years;
• Art. 24 clause 3 subclause 5 of the Tax Code – from 4 years.

Thus, the paper should be stored for approximately 5 years.

Companies that do not provide transport services can issue sheets for 1-30 days. Transportation companies must issue new sheets daily; one document cannot be valid for several trips on different days. The exception is business trips, in which case the submarine is given for the entire period.

How long to store

The sheet is necessary to record the activities of private entrepreneurs and legal entities that are engaged in official economic activities. The rules for storing this form are fixed in a variety of regulatory documents of the country.

In accordance with the order of the Ministry of Transport number 152, adopted on September 18, 2008, the waybill must be stored for at least 5 years. A longer period remains a valid option.

Order of the Ministry of Culture of the Russian Federation number 558, adopted on August 25, 2010, regulates: a five-year storage period is permissible only subject to regular checks of documents. In the absence of control from higher regulatory authorities, the legal significance of waybills is nullified. That is, the organization does not have the right to further use them.

The Tax Code of the Russian Federation defines the storage period as a period lasting at least 4 years. At the same time, the country’s accounting legislation obliges firms that own movable property to keep the form for at least 5 years.

In the rules on storing waybills, there are two special cases that you should be aware of:

1. Leaflets whose validity period ranges from one day to a month are acceptable for organizations whose activities are not related to the field of motor transport services.
2. There is an exception for organizations that are required to issue a document daily. It is acceptable to issue this for a longer period, if an employee of the organization is forced to go on a business trip - the form will be issued for the entire period of departure.

Thus, when determining the shelf life, one cannot limit oneself to only one regulatory document. It is important to analyze all the requirements put forward by law.

Consequences of an incorrectly formatted sheet

The amount of the fine will again depend on the owner of the vehicle whose ticket contains violations. The amount of punishment can vary from 3 to 30 thousand rubles.

To issue a PL correctly, you must follow several rules:

• each vehicle used for commercial transportation must have its own submarine;
• its service life is 1-30 days;
• Each vehicle driver must have his own sheet;
• the PL must contain the data stated in the Order of the Ministry of Transport.

Information about issued vouchers is recorded in the registration journal, and the papers themselves are stored in the organization’s archives.

Penalties for the absence of a submarine on a truck

Freight transport is characterized by an increased public danger of operation, regardless of what exactly the vehicle is transporting. For this reason, truck drivers' permits are checked more carefully. The penalty for the absence of a waybill is determined depending on who owns the truck: an individual, an individual entrepreneur or a legal entity.

Pre-trip technical control

Pre-trip technical inspection can only be carried out by a certified specialist in the field of "Maintenance and repair of motor vehicles" or a person qualified as a "Technical Condition Inspector of Motor Transport". The document must contain the date and signature of the controller, otherwise the entry is invalid.

For violation of registration of technical control of a vehicle, the Code of Administrative Offenses provides for the following liability:

• a waybill without a record of passing this type of control will entail a fine of 5,000 rubles. for officials and 30,000 rubles. for legal entities (clause 3 of article 12.31.1);
• If the condition of the car does not correspond to the results of technical control, and there are breakdowns in which it is prohibited to travel on a flight, officials will be issued a fine of 5,000-8,000 rubles. (clause 2 of article 12.31).