Using the vehicle for commercial purposes imposes certain obligations on the owners. In particular, the driver should always have a trip sheet with him. However, not everyone understands who needs to have a document, for what purposes it is necessary, and whether a penalty is imposed for the lack of a waybill. The paper allows the driver to be behind the wheel of the car and contains all the information about both the driver and the vehicle. At the same time, organizations and legal entities can monitor the work of an employee, keep a record of fuel and based on it calculate mileage.
Waybill - what is it?
Before finding out whether a penalty is imposed for the lack of a waybill, it is necessary to understand what the document is.
A waybill is paper that is issued to the organization’s driver and gives him the right to drive a vehicle. The reporting document must contain information on:
- the person who drives the machine;
- organization or individual entrepreneur;
- a vehicle;
- running route.
The format of the document can be free, or it is written in a unified form.
Who needs a waybill
It is forbidden to use the vehicle, in accordance with the law, without a issued waybill in the following situations:
- if you are driving a bus, tram or trolley;
- when the company carries passengers;
- if the organization is engaged in the transportation of baggage, goods and cargo.
However, there are often cases when the driver of the company does not transport people, goods or goods, but uses the car for his personal movements. A reasonable question arises whether the penalty for the lack of a waybill is threatened in such a situation. The difficulty is that there is no single answer. All disputed issues will be resolved only in court. But precedents already happened when the decision was made in favor of the driver.
Prevent the problem
To save time, money and nerves, it is better for individual entrepreneurs and employees of organizations to draw up a waybill. The penalty for absence can be an unpleasant incident, then you have to go to court to protect your rights.
But it should be remembered that even private entrepreneurs are required to have this document with them, if the car is used in the work process, it is used to transport people or goods.
The exception can be applied only when an individual entrepreneur uses the machine for his own needs or transferred it to another person by proxy.
Penalties
The Code of Administrative Offenses of the Russian Federation indicates the penalty for the lack of a waybill. The amount of recovery starts from 500 rubles. Sometimes the traffic police officer may be limited to a simple penalty. At the same time, punishment can follow not only for the lack of a document, but also for errors in its design.
The legislation clearly defines what penalty for the lack of a waybill can be imposed:
- If the driver is responsible for the vehicle, then he may be ordered to correct the deficiencies or they will be fined in the amount of 500 rubles.
- If the responsibility for the car is imposed on the official of the company, then the punishment for non-compliance with the law will be much stricter. In this case, a fine of 20 thousand rubles is imposed.
- If drivers of cars owned by a legal entity do not have a waybill, the fine for organizing can reach 100 thousand rubles.
Private undertaking, which issued IP, is fully responsible. Even without being a legal entity, he can be punished to the fullest extent of the law.
Implications for Individual Entrepreneurs
The penalty for the absence of a waybill for private entrepreneurs is issued regardless of who drives the car. Moreover, the punishment can be very significant and the amount of the penalty - reach up to 100 thousand rubles. Therefore, individual entrepreneurs must carefully monitor the availability of the document and the correctness of its completion.
Features of driving a truck
The penalty in the absence of a waybill on the truck driver will be imposed without fail. Individual entrepreneurs can use the PG-1 form to write this paper, which is aimed at people who do not use hired labor. In this case, it is possible to develop an individual, more convenient form for filling out. It is important to correctly indicate all the necessary details that are approved by the Ministry of Transport.
The document requires:
- stamps on the inspection of the vehicle by a mechanic;
- stamp of a medical worker about pre-trip examination.
If goods will be transported, then a waybill for the goods must be attached to the waybill. A document can be drawn up either by an accounting officer or a dispatcher, as well as by an individual entrepreneur.
It is imperative that the waybill issued in accordance with all the rules is recorded in the book of accounting. The entrepreneur must certify the record with his signature and seal. Only in this case, it is possible to calculate the cost of combustible materials and the driver’s salary, if any. The waybill also records:
- travel time;
- downtime
- the presence of an accident;
- stops for technical needs.
Penalties for the lack of a waybill for a truck driver can range from 500 rubles to 100 thousand rubles.
Customer service
A truck is often used by an individual entrepreneur to satisfy customer requests. Such work also needs to be fixed. For this, a section is provided where the operation of the driver is described and how the vehicle is operated.
In completely different situations, traffic fines may be imposed. Lack of a waybill for the carriage of goods is a violation. Therefore, it is necessary to have it and correctly fill in the corresponding columns. The paper must contain the following data:
- information about the customer;
- starting point of movement;
- place of the end of the journey;
- the duration of the trip;
- distance;
- nature of the cargo.
After the trip, the final information on the work done is indicated. Information about the exact mileage and the total time of the driver’s work, as well as all the goods transported, should be written here.
Penalty for the lack of a waybill for a taxi driver
Strict compliance with all laws requires the carriage of passengers. Without a competently filled waybill, an entrepreneur or his hired employee cannot enter the line. If the transportation was nevertheless carried out, then it is difficult to confirm the amount of work performed. Paper should be written out at the beginning of the working day by the dispatcher. Next, the driver fills out the document on his own. It is on the basis of such records that the salary is calculated and the revenue is verified.
Taxi drivers do not have strict requirements for a form for a waybill. You can use your own development or use the standard. The main thing is that the details comply with all standards.
The penalty for the lack of a waybill for a taxi driver is imposed on the person in charge. Therefore, most often the amount is 20 thousand rubles. Dispatchers are not allowed to release cars on the line without this document. At the same time, the term of the voucher is not regulated in any way. Typically, paper is issued per shift. But the document is written out for a specific person, not a car.This is due to the fact that several employees can use the car during the day, and records should be kept for each driver.
Responsibility of bus owners
Unlike cars and trucks, which are used to carry out entrepreneurial activities, a specific form of the waybill has been developed for bus drivers. It is a form of PA-1, which was developed by the Ministry of Transport. In 2008, the document was finalized and amended accordingly. The waybill is necessary to control the driver’s route and calculate his remuneration. The traffic police officer can check the availability of the following data:
- departure time;
- speedometer readings;
- customer name;
- full route.
The sheet is written out in the morning by the dispatcher. The necessary data is then entered by the driver and at the end of the working day transfers the paper to the accounting department.
Medical and technical examination
Persons involved in transporting people should undergo a regular pre-trip medical examination. At the same time, the bus is also examined for possible breakdowns. In this regard, the absence of the seal of the medical worker and mechanic is considered a gross violation.
Thus, not only a fine is imposed for the lack of a waybill for an individual entrepreneur, but also for the lack of necessary stamps in it. The amount of the penalty varies. For officials, a fine can reach 5 thousand rubles. A collection of up to 30 thousand rubles may be imposed on an organization.
Medical examination of the driver and technical examination of the vehicle are fundamental factors for the legal transport of people. Even if the order is made remotely, the responsibility from the driver and his employer is not removed.
Rules for filling out travel sheets
It is not necessary for an individual entrepreneur to strictly adhere to typographic forms. However, the driver may be fined if the paper does not have the necessary details. The main ones are:
- Name of the document and its registration number.
- When paper is issued and its expiration date. If the waybill is daily, then it is written out at the beginning of the shift of the driver. For long trips, you must specify the validity period of the paper.
- Full details of the car owner: his name, phone number and address.
- Information about the vehicle: name of the car, its state number, body type, model and odometer data.
- Shift date and start and end time.
- Data about the driver: full name, stamp about passing the pre-trip inspection. After work, it is also necessary to undergo medical supervision, data about which is entered in the waybill.
Additional details
The document contains sections on the results of the work of both the driver and the vehicle itself. They can be filled as desired. Fines for absence are not eligible. Among the optional details can be identified:
- number of completed flights per shift;
- their length in kilometers and hours;
- route.
Sometimes entrepreneurs, for calculating the salaries of their employees, also provide for such mandatory columns;
- downtime on the way;
- the presence of an accident;
- technical stops.
Punishment for incorrectly issued waybill
When checking all the necessary documents, the traffic police will pay attention to the correctness of their filling. To avoid a penalty, it is important to enter all the required details. There are uniform requirements for the design of waybills. It is useful for all entrepreneurs to familiarize themselves with them:
- The document is filled out for each vehicle that is used in the work.
- The processing time can vary from one day to a month.
- A separate form is issued for each driver, even if one machine is used.
- The sheet should contain detailed information about the vehicle, its owner and driver.
- The stamp of the organization or individual entrepreneur is required.The penalty to a legal entity for the lack of a waybill is several times higher and depends on the status of the owner of the car.
- All forms of waybills must be entered in the registration journal and stored for at least five years.
A penalty will be imposed on the organization or individual entrepreneur if at least one of the points is not respected. In this case, a prescription may be issued for the first violation, and a fine for the second violation.
Does the boss need a waybill
If an individual entrepreneur is his own boss and uses the car for his own needs, then he does not need to fill out forms. He can also transfer the car to another driver by proxy. In this case, no fines will follow either.
However, if the owner of the car uses it to transport people or goods, then the traffic police officer has the right to demand the appropriate document. Also, the person who is engaged in the carriage of passengers is required to regularly undergo a pre-trip examination of his car and medical supervision. Otherwise, such activity is considered illegal and punishable by a fine of up to 100 thousand rubles.