Full text of Art. 11.23 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 11.23 of the Code of Administrative Offenses of the Russian Federation.

(Name as amended, entered into force on November 15, 2014 by Federal Law of October 14, 2014 N 307-FZ.

1. Driving a vehicle or getting on the line vehicle for transportation of goods and (or) passengers without technical means control that ensures continuous, uncorrected recording of information about the speed and route of the vehicle, the work and rest schedule of the vehicle driver (hereinafter referred to as the tachograph), if its installation on the vehicle is required by law Russian Federation, as well as with a non-working (blocked, modified or faulty) tachograph or with a tachograph that does not meet the established requirements, except in the case of a breakdown of the tachograph after the vehicle is put on line, as well as in violation of the established rules for using the tachograph (including blocking, adjustment, modification or falsification of information registered by him) -
(Paragraph as amended, put into effect on November 15, 2014 by Federal Law of October 14, 2014 N 307-FZ.

entails the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from five thousand to ten thousand rubles.

2. Violation of the established work and rest schedule by a person driving a vehicle for the transportation of goods and (or) passengers -
shall entail the imposition of an administrative fine in the amount of one thousand to three thousand rubles.

The note is additionally included by Federal Law of July 23, 2013 N 193-FZ; no longer valid as of November 15, 2014 - Federal law dated October 14, 2014 N 307-FZ.

(Article as amended, put into effect on April 1, 2013 by Federal Law of June 14, 2012 N 78-FZ.

Commentary on Article 11.23 of the Code of Administrative Offenses of the Russian Federation

1. The norms of the commented article are aimed at implementing the Federal Law of July 24, 1998 N 127-FZ "On state control for the implementation of international road transport and liability for violation of the procedure for their implementation" (as amended and additionally). The purpose of the norms established by the commented article is to prevent violations that impinge on safety traffic, life and health of citizens.

2. International road transportation is defined as the transportation by an appropriate vehicle of goods and passengers outside the territory of Russia or through its territory, as well as through the territory of Russia. Intercity road transport is carried out by both domestic and foreign carriers in accordance with Russian and multilateral permits.

3. In accordance with Art. 8 of the above-mentioned Federal Law, drivers of vehicles are obliged to observe the work and rest regime stipulated by the relevant international treaty of the Russian Federation on the work of the crew of vehicles engaged in international road transport (such agreements were concluded with states neighboring Russia, including those included in the CIS). Russia is a party to the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), signed in Geneva on July 1, 1970, regarding the use of digital control devices to monitor the work and rest schedules of drivers. In accordance with the order of the Government of the Russian Federation dated January 23, 2008 N 46r, the Ministry of Transport of the Russian Federation determined the procedure for producing driver cards for international road transport and approved their samples (see Order of the Ministry of Transport of Russia dated October 20, 2009 N 180 // RG. 2010. March 17). It is provided that control devices (tachographs) must be installed on vehicles to register the work and rest regime of drivers of vehicles belonging to foreign carriers in the member states of the European Agreement on the Work of Vehicle Crews, as well as to foreign carriers in accordance with another international treaty of the Russian Federation.

4. The Ministry of Transport of the Russian Federation has approved the Rules for the use of tachographs on road transport(Order of July 7, 1998 N 86 // RG. 1998. December 9). The Regulations on state control over the implementation of international road transport (approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1272 (as amended and supplemented)) establishes that officials Bodies of the Rostransinspektsiya (now Rostransnadzor) carry out inspections of control devices (tachographs), registration of the work and rest regime of drivers, filling out tachograms or, in established cases, keeping by drivers daily registration sheets of the work and rest regime, compliance by drivers with this regime (subparagraph "e" clause. 9 Rules).

5. The article contains two types of administrative offenses, the subject of which in both cases is the driver of a cargo vehicle and the driver of a bus engaged in international transportation. In the first case, administrative liability is provided for the absence of a control device (tachograph), as well as for driving a vehicle or bus with a switched off tachograph, an empty tachograph, or without maintaining the appropriate control sheets.

In the second case, we are talking about a violation by the driver of the above-mentioned vehicle of the established rules of work and rest in the presence of indicators of relevant and properly used control devices or sheets.

6. Officials of bodies exercising control and supervision in the field of transport (Article 23.36), as well as internal affairs bodies (police) (Article 23.3), have the right to consider cases under the commented article.

Officials of the specified bodies have the right to draw up protocols on administrative offenses (Part 1 of Article 28.3).

Consultations and comments from lawyers on Article 11.23 of the Code of Administrative Offenses of the Russian Federation

If you still have questions regarding Article 11.23 of the Code of Administrative Offenses of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult with the lawyers of our website.

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Let's consider part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, which introduces a 50 percent discount on the payment of fines for violating traffic rules:

1.3. When an administrative fine is paid by a person held administratively liable for committing an administrative offense provided for in Chapter 12 of this Code, with the exception of administrative offenses provided for in Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of Article 12.15, Part 3.1 of Article 12.16, Articles 12.24, 12.26, Part 3 of Article 12.27 of this Code, no later than twenty days from the date of the decision to impose an administrative fine, an administrative fine may be paid in the amount of half the amount of the imposed administrative fine fine If the execution of the decision to impose an administrative fine was delayed or spread out by the judge, body, or official who issued the decision, the administrative fine is paid in full.

Please note that this article lists some features.

The 50 percent discount is not available on all traffic police fines.

Violations to which the discount does not apply:

Article 12.1, part 1.1. Repeated driving of an unregistered vehicle,

Article 12.8. Driving or transferring control to a person who is intoxicated.

Article 12.9, parts 6 and 7, Repeated speeding by 60 km/h or more.

Article 12.12, part 3. Repeated driving through a prohibiting traffic light signal.

Article 12.15, part 5. Repeated entry into the oncoming lane

Article 12.16, part 3.1. Repeated driving in the opposite direction on a one-way road.

Article 12.24. Violation of rules resulting in harm to the health of the victim.

Article 12.26. Refusal of medical examination for intoxication,

Article 12.27, part 3. Use of alcohol, narcotic or psychotropic substances after an accident.

When paying all other traffic fines, you have the right to count on a 50 percent discount.

To receive a 50 percent discount, you must pay the fine within 20 days from the date of the administrative violation decision. If the driver does not meet this deadline, the fine will have to be paid in full.

If the fine is paid after 20 days, then according to the traffic police database your fine is listed as arrears and must be paid additionally.

The discount is not provided if the driver has received a deferment or installment payment of the traffic fine.

In 2017, traffic police officers identified 701 violations of traffic rules, of which 4 violations under Article 11.23 Part 1 of the Code of Administrative Offenses of the Russian Federation “Driving a vehicle or releasing a vehicle on the line for the transport of goods and (or) passengers without a technical control device, a violation by the person driving a vehicle for transporting goods and (or) passengers, work and rest schedule,” also, under this article, the State Traffic Safety Inspectorate receives incoming materials from other departments of the State Traffic Safety Inspectorate for decision-making.

Dear drivers, please note that the 50 percent discount does not apply to the commission of an administrative offense provided for in Chapter 11 of this Code, under Article 11.23 of the Code of Administrative Offenses of the Russian Federation; in this regard, you must pay the fine under Article 11.23, Part 1 of the Code of Administrative Offenses of the Russian Federation in full.

Text of Article 11.23 of the Code of Administrative Offenses of the Russian Federation in a new edition.

(Name as amended, entered into force on November 15, 2014 by Federal Law of October 14, 2014 N 307-FZ.

1. Driving a vehicle or putting a vehicle on line for the transport of goods and (or) passengers without a technical control device that provides continuous, uncorrected recording of information about the speed and route of the vehicle, about the work and rest schedule of the driver of the vehicle (hereinafter referred to as the tachograph) ), in the event that its installation on a vehicle is provided for by the legislation of the Russian Federation, as well as with a non-working (blocked, modified or faulty) tachograph or with a tachograph that does not meet the established requirements, with the exception of the case of a tachograph breakdown after the vehicle is put on line, as well as in violation of the established rules for using a tachograph (including blocking, adjustment, modification or falsification of information registered by it) -
(Paragraph as amended, put into effect on November 15, 2014 by Federal Law of October 14, 2014 N 307-FZ.

entails the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from five thousand to ten thousand rubles.

2. Violation of the established work and rest schedule by a person driving a vehicle for the transportation of goods and (or) passengers -
shall entail the imposition of an administrative fine in the amount of one thousand to three thousand rubles.

The note is additionally included by Federal Law of July 23, 2013 N 193-FZ; no longer in force on November 15, 2014 - Federal Law of October 14, 2014 N 307-FZ.

(Article as amended, put into effect on April 1, 2013 by Federal Law of June 14, 2012 N 78-FZ.

N 195-FZ, Code of Administrative Offenses of the Russian Federation, current edition.

Commentary on Article 11.23 of the Code of Administrative Offenses of the Russian Federation

Comments on the articles of the Code of Administrative Offenses will help you understand the nuances of administrative law.

1. The object of the act in question is the rules for driving a vehicle, the rules for its operation. An integral element of committing an offense in this case is a violation of the rules for using a technical control device that ensures continuous, uncorrected recording of information about the movement of the vehicle, i.e. tachograph.

Currently, the requirements for tachographs are regulated by Order of the Ministry of Transport of the Russian Federation dated February 13, 2013 N 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 means." However, despite the publication of the said normative act, most vehicles on the territory of the Russian Federation are not equipped with these means. In this regard, the letter of the Ministry of Internal Affairs of the Russian Federation dated May 22, 2013 N 13/5-134 “On the application of part one of Article 11.23 of the Code of Administrative Offenses of the Russian Federation” remains relevant, according to which, in the opinion of the Prosecutor General’s Office of the Russian Federation, the State Traffic Inspectorate does not have sufficient grounds to charge drivers for driving vehicles to be equipped with tachographs, without such technical means of control. In this connection, the implementation of the provisions of the commented article is possible in relation to almost any vehicle, i.e. contributes to violation of the established procedure for the operation of vehicles and transportation. In this regard, the application of the commented article requires suspension until approval of the procedure for equipping vehicles with tachographs, while simultaneously continuing work to bring through the means mass media to the owners (possessors) of vehicles of the requirements of the legislation of the Russian Federation in this part. In full, the provisions of the commented article are subject to application on the territory of the Russian Federation starting from April 1, 2014. Until specified period their implementation was carried out in accordance with the requirements of international treaties only in relation to international road transport.

The objective side of the act in question includes driving a vehicle in the absence of a control device (tachograph), with a device that is not working or does not meet the established requirements, as well as violation of the rules for using the tachograph, for example, by turning it off, blocking it, changing the device, etc. Thus, the objective side of the act in question lies in the implementation of the actions provided for by the disposition of the article.

The objective side of Part 2 of this article is the violation by the driver of the vehicle of the established work and rest schedule, the monitoring of compliance with which is ensured by the tachograph. Thus, this act is also directly related to the use of this equipment.

2. The subjects of this offense are exclusively individuals. In most cases, citizens who drive a vehicle in violation of established requirements are recognized as subjects. At the same time, the law also provides for the possibility of bringing to administrative liability the official responsible for the installation and verification of the tachograph installed on the vehicle. As a rule, the responsible official is considered chief mechanic, garage manager, etc., i.e. the person responsible for the release of vehicles for travel.

The determining indicator of the subjective side of the act in question is the intentional form of guilt. However, the priority of acts committed intentionally does not exclude the possibility of committing this offense through negligence. A reckless form of guilt is allowed in the case of driving a vehicle with a faulty tachograph or violation of the work and rest schedule by the driver of the vehicle. In most cases, the implementation of the objective side of the act in question is associated with a deliberate violation of the established rules for operating vehicles.

The following commentary to Article 11.23 of the Code of Administrative Offenses of the Russian Federation

If you have questions regarding Art. 11.23 of the Administrative Code, you can get legal advice.

1. The object of the offenses specified in the article is public relations in the field of ensuring traffic safety in transport.

Legal regulation of this area of ​​relations is carried out through the Federal Law of July 24, 1998 N 127-FZ “On state control over the implementation of international road transport and on liability for violation of the procedure for their implementation.”

International road transportation is defined as the transportation by an appropriate vehicle of goods and passengers outside the territory of Russia or to its territory, as well as through the territory of Russia. Intercity road transport is carried out by both domestic and foreign carriers in accordance with Russian and multilateral permits.

2. The objective side of the offense in question consists of committing the following illegal actions: driving a cargo vehicle or bus while carrying out an international road transport without a control device (tachograph) or with the tachograph turned off, as well as with unfilled tachograms or without maintaining registration sheets reflecting the work and rest schedule of drivers; violation of the established work and rest regime by the driver of a cargo vehicle or bus engaged in international road transportation.

In accordance with Art. 8 of the above-mentioned Federal Law, drivers of vehicles are obliged to observe the work and rest regime stipulated by the relevant international treaty of the Russian Federation on the work of the crew of vehicles engaged in international road transport (such agreements were concluded with states neighboring Russia, including those included in the CIS). It is provided that control devices (tachographs) must be installed on vehicles to register the work and rest regime of drivers of vehicles belonging to foreign carriers in the member states of the European Agreement on the Work of Vehicle Crews, as well as to foreign carriers in accordance with another international treaty of the Russian Federation.

In addition, the Ministry of Transport of the Russian Federation approved the Rules for the use of tachographs in road transport in the Russian Federation (Order No. 86 of July 7, 1998). The Regulations on state control over the implementation of international road transport (approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1272) establishes that officials of the bodies of the Rostransinspektsiya (now Rostransnadzor) carry out checks of control devices (tachographs), registration of the work and rest schedule of drivers , filling out tachograms or, in established cases, maintaining daily registration sheets for drivers of the work and rest regime, compliance by drivers with this regime (subclause “e” of clause 9 of the Rules).

3. The subjects of this offense are drivers of a cargo vehicle or bus engaged in international road transportation.

4. The subjective side of the offense is characterized by guilt in the form of intent or negligence.

New edition of Art. 11.23 Code of Administrative Offenses of the Russian Federation. Driving a vehicle or putting a vehicle on line for the transportation of goods and (or) passengers without a technical means of control, violation of the work and rest regime by the person driving the vehicle for the transportation of goods and (or) passengers

1. Driving a vehicle or putting a vehicle on line for the transport of goods and (or) passengers without a technical control device that provides continuous, uncorrected recording of information about the speed and route of the vehicle, about the work and rest schedule of the driver of the vehicle (hereinafter referred to as the tachograph) ), in the event that its installation on a vehicle is provided for by the legislation of the Russian Federation, as well as with a non-working (blocked, modified or faulty) tachograph or with a tachograph that does not meet the established requirements, with the exception of the case of a tachograph breakdown after the vehicle is put on line, as well as in violation of the established rules for using a tachograph (including blocking, adjustment, modification or falsification of information registered by it) -

entails the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from five thousand to ten thousand rubles.

2. Violation of the established work and rest schedule by a person driving a vehicle for the transportation of goods and (or) passengers -

shall entail the imposition of an administrative fine in the amount of one thousand to three thousand rubles.

Note. Expired thirty days after the official publication of Federal Law No. 307-FZ of October 14, 2014.

Commentary on Article 11.23 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offenses specified in the article is public relations in the field of ensuring traffic safety in transport.

Legal regulation of this area of ​​relations is carried out through the Federal Law of July 24, 1998 N 127-FZ “On state control over the implementation of international road transport and on liability for violation of the procedure for their implementation.”

International road transportation is defined as the transportation by an appropriate vehicle of goods and passengers outside the territory of Russia or to its territory, as well as through the territory of Russia. Intercity road transport is carried out by both domestic and foreign carriers in accordance with Russian and multilateral permits.

2. The objective side of the offense in question consists of committing the following illegal actions: driving a cargo vehicle or bus during international road transport without a control device (tachograph) or with the tachograph turned off, as well as with unfilled tachograms or without maintaining registration sheets reflecting the work schedule and drivers' rest; violation of the established work and rest regime by the driver of a cargo vehicle or bus engaged in international road transportation.

In accordance with Art. 8 of the above-mentioned Federal Law, drivers of vehicles are obliged to observe the work and rest regime stipulated by the relevant international treaty of the Russian Federation on the work of the crew of vehicles engaged in international road transport (such agreements were concluded with states neighboring Russia, including those included in the CIS). It is provided that control devices (tachographs) must be installed on vehicles to register the work and rest regime of drivers of vehicles belonging to foreign carriers in the member states of the European Agreement on the Work of Vehicle Crews, as well as to foreign carriers in accordance with another international treaty of the Russian Federation.

In addition, the Ministry of Transport of the Russian Federation approved the Rules for the use of tachographs in road transport in the Russian Federation (Order No. 86 of July 7, 1998). The Regulations on state control over the implementation of international road transport (approved by Decree of the Government of the Russian Federation of October 31, 1998 N 1272) establishes that officials of the bodies of the Rostransinspektsiya (now Rostransnadzor) carry out checks of control devices (tachographs), registration of the work and rest schedule of drivers , filling out tachograms or, in established cases, maintaining daily registration sheets for drivers of the work and rest regime, compliance by drivers with this regime (subclause “e” of clause 9 of the Rules).

3. The subjects of this offense are drivers of a cargo vehicle or bus engaged in international road transportation.

4. The subjective side of the offense is characterized by guilt in the form of intent or negligence.

Another comment on Art. 11.23 of the Code of the Russian Federation on Administrative Offenses

1. The Federal Law of July 24, 1998 “On state control over the implementation of international road transport and liability for violation of the procedure for their implementation” stipulates in Article 8 that drivers of vehicles when carrying out international road transport are required to observe the work and rest regime, established by the international treaty of the Russian Federation on the work of crews of vehicles engaged in international road transport.

When carrying out international transportation, a control device must be installed on a cargo vehicle or bus - a tachograph, which records the work and rest hours of vehicle drivers. In some cases, instead of a tachograph, it is allowed to maintain daily registration sheets of work and rest schedules for vehicle drivers.

The object of the offense in question is road safety during international road transport by truck or bus, and the offense directly infringes on the Rules for the use of tachographs in road transport of the Russian Federation, approved on July 7, 1998 by order of the Minister of Transport of the Russian Federation.

The article also provides for one subject. This is the driver of a vehicle, but not just any vehicle, but one engaged in international road transport. Moreover, drivers who can be held administratively liable for the offense in question are both citizens of the Russian Federation and foreign citizens.

From the subjective side, both offenses can be committed either intentionally or through negligence.

2. The objective side of the offense provided for in Part 1 of Article 11.23 is driving a cargo vehicle or bus during international road transport: without a control device (tachograph), with the tachograph turned off, with unfilled tachograms, without maintaining registration sheets reflecting the regime work and rest.