Here’s how you can be fined for lack of inspection
As the traffic police fined employers for lack of inspection.
Do you think that the traffic police have no right to penalize car owners for lack of inspection? Wrong. Not so simple, although, of course, the majority of drivers really can’t be fined by traffic police for driving without a diagnostic card. But if we are talking about individual entrepreneurs or legal entities engaged in commercial transportation, it really is the traffic police will not miss the opportunity to write a big fine. Including even those who have a vehicle registered to a natural person. How can this be? Now tell.
Now, recall that from 1 January 2012, the traffic police have been unable to attract drivers to administrative responsibility for absence of inspection (this date in the administrative code disappeared appropriate item involving drivers prosecuted for driving without inspection).
But not so simple. The fact that the Administrative code of the Russian Federation remained part 2, article 12.1 of the administrative code:
Article 12.1. Driving a vehicle not registered in the prescribed manner, the vehicle does not pass the state technical inspection or technical inspection
Part 2. Management of automobile taxi, bus, or truck designed and equipped for transportation of people, with the number of places for sitting more than eight (except a place for the driver), the specialised vehicle intended and equipped for transportations of dangerous cargoes that have not passed state technical inspection or technical inspection,
punishable by an administrative fine in the amount from 500 to 800 rubles
(part 2 as amended by Federal law dated 01.07.2011 No. 170-FZ).
Accordingly, the traffic police still have the right to inspect diagnostic chart in the vehicle have the following:
– the drivers of passenger taxi
– drivers of buses or trucks intended and equipped for transportation of people, number of seats seats for more than eight
– drivers of specialized vehicles designed and equipped for the transport of dangerous goods
In case of the traffic police of drivers of the above vehicles, drivers can be fined up to 800 rubles.
But it still florets in comparison with another more dangerous penalty provided under part 1 of article 12.31 of the administrative code:
Administrative code Article 12.31. The release to the line vehicle that is not registered in the established order that has not passed state technical inspection or the technical inspection, with obviously false state registration marks, having malfunctions with which operation is forbidden, established without the corresponding permission devices for giving special light or sound signals or illegal actions of special color schemes of cars of operative services
Part 1. Release to the line of vehicles not registered in the prescribed manner or has not passed the state technical inspection or the technical inspection,
(as amended by Federal law dated 01.07.2011 No. 170-FZ)
punishable by an administrative fine on officials responsible for the technical condition and operation of vehicles, in the amount of 500 rubles; for legal entities – 50 000 roubles.
Here, as you can see, the maximum fine is 50 thousand rubles. But how can you draw on this article of the Administrative code of the ordinary driver who, for example, transported on a truck any shipment without inspection? Indeed, in article 12.31 of the administrative offences code of the Russian Federation to legal persons. It turns out that I can, if you, for example, registered as an individual entrepreneur. And to fine on 50 thousand rubles you can, even if your car is for business registered to you as an individual.
In order to attract you to such a heavy fine for release to the line of the car without inspection, the traffic police usually make the decision in relation not to the individual (car owner), and the individual entrepreneur.
For example, if you Ivanov Ivan Ivanovich, and your SP is registered to I. I. Ivanov, an official of traffic police will make the decision on bringing to responsibility according to part 1 of article 12.31 of the administrative code of your individual enterprise “entrepreneur Ivanov I. And”. In this case, because of confusion with the status of individual entrepreneurs in the country and the imperfection of the current legislation, an individual entrepreneur may be fined up to 50,000 rubles. And, again, even if the vehicle was not registered on an individual entrepreneur Ivanov I. I., and put on the account in GAI the physical person (Ivan Ivanovich Ivanov).
Do you think that such a decision of the traffic police can easily be challenged in court? As it is not so. In Russia already many examples of court decisions not in favor of individual entrepreneurs.
How individual entrepreneurs are trying to prove to the judiciary, traffic police attracted them to administrative responsibility illegal?
The majority of ipernica rests on the fact that at the time of stopping the vehicle by the traffic police they do not carry out commercial transportation, and used the car for personal purposes. Accordingly, the traffic police had no right to bring the car owner to justice under article 12.1 of the administrative code (driving a vehicle that is not registered in the prescribed manner, the vehicle does not pass the state technical inspection or technical inspection), and then make the decision to prosecute individual enterprise to administrative responsibility according to article 12.31 of the administrative code.
Unfortunately, looking at the jurisprudence in the system of “Justice”, we found that in 95% of cases, the courts side with the traffic police, fining ipernica in large amounts.
Especially there is no chance for those individual entrepreneurs, whose activities were prescribed SP, NACE, associated with transportation. In this case, even if the car is registered in the name of the entrepreneur (physical person), police is entitled to hold an individual entrepreneur liable for the release to the line of the car not passing inspection.
However, to do this, to begin with, the traffic police needs to attract the driver of the vehicle responsible for the control of the machine without inspection. And only on the basis of Protocol article 12.1 of the administrative code the state traffic Inspectorate has the right to prosecute the individual enterprise.
Unfortunately, the judicial practice in similar cases indicates that judges believe that even if the car is not exercised at the time of the violation of the law of commercial transportation (e.g., car used by an individual entrepreneur for personal use) without a valid technical inspection, the vehicle was released to the line without inspection. Accordingly, an individual entrepreneur, issued the car on the line, should bear the responsibility according to article 12.31 of the administrative code. Moreover, as a legal entity.