Tachograph

Using tachographs owners of vehicle fleets know whether drivers violate conditions of transportation of goods and passengers, whether they take the wheel after the long trips. The driver, in turn, can independently control rest hours and works and to treat more diligently observance of traffic regulations and special requirements to transportation of special loads or passengers. Tachographs allow to control all listed parameters, to store information on violations and also to transfer it to dispatcher stations.

By April 1, 2015 all medium-tonnage trucks from 3.5 to 12 tons used for commercial transportations should be equipped with tachographs - the technical tool of control of a work-rest schedule of drivers. According to the State traffic inspectorate of the Ministry of Internal Affairs of the Russian Federation for 2014, in our country of such vehicles more than 750 thousand are registered now.

The penalty for lack of the control device and also for abuse of regulations of use of this device is stipulated in Clause 11.23 Russian Federation Codes of Administrative Offences: up to 3,000 rubles for drivers and up to 10,000 rubles – for officials.

According to Ministry of Transport of the Russian Federation order No. 36, except medium-tonnage machines, cryptographic data protection the vehicles for transportation of goods having the maximum weight more than 12 tons (category N3), buses, having more than eight places for sitting, with the maximum weight not higher than 5 tons (category M2) and buses, the having more than eight places for sitting, with the maximum weight over 5 tons (category M3) should be the tachographs of new generation using means (CIPF).

Features of data transmission in different types of tachographs

During the work with analog tachographs data transfer process was very problematic. Information registered in a special chart disk, icons were applied on it, and authorized persons (for example, the staff of GAI or company executives) if necessary could consider data.

Analog tachographs practically went out of use. According to the become effective Order Mintrasa of the Russian Federation No. 348 of December 16, 2015, the date of replacement of analog tachographs by digital is postponed since January 1, 2018 for July 1, 2016. It means that analog tachographs should be completely replaced with the digital tachographs with the CIPF block (the block of cryptoprotection) corresponding to the Order of the Ministry of Transport of the Russian Federation No. 36 of 2/13/2013. Tachographs with the CIPF block meet the requirement of the Order on obligatory remote unloading of the DDD files that cannot be executed when using analog tachographs.

Obtaining information from CIPF tachographs does not require authentication of a smart card of the enterprise that considerably facilitates remote loading of information on activity of the driver. By means of the special command "Request DDD (Query_DDD)" from the menu of sending the Wialon commands the user requests the file and in several seconds receives the ready DDD file.

Some tachographs (Mercury, Atholl) are equipped with the integral unit of satellite monitoring and the GSM modem. It allows them to send independently data, both about activity of the driver, and about location of an object. Other tachographs can transfer data to Wialon only by means of connection to external GPS terminals.

Examples of tachographs with the CIPF block with a possibility of remote unloading of the DDD files in the Wialon system are Mercuries TA001, Atol drive 5, Strich tacho rus, Continental VDO 3283.

In the territory of the Russian Federation there is an opportunity to use one more type of the digital tachograph – the ESTR tachograph (or "the European tachograph"). It has the international certificate of compliance and meets requirements of the International agreement ESTR. Installation of ESTR tachographs is obligatory for the vehicles performing international transport (their use only in the territory of Russia is authorized till January 1, 2018, then it is necessary to purchase the license for the right to perform international transport).

The procedure obtaining the DDD files from ECTP tachographs is much more difficult since authorization with use of both the driver's smart card, and a smart card of the enterprise is necessary for data reading (or regulatory authority). Therefore for remote data reading it is necessary to undergo this authorization. Directly in the slot of the tachograph the card of the corresponding driver should be installed. Besides, the administrator of service of monitoring should connect the universal USB smart card reader to the PC and insert into it a smart card of the enterprise. Using a special application of Gurtam data are read out from the card of the enterprise and transferred to the monitoring GPS terminal by means of mobile communication which, in turn, transfers information to the tachograph for authentication completion of the procedure. The possibility of remote loading from the Continental VDO1381 tachograph together with Ruptella FM TCO03 and TCO04 terminals is at the moment implemented. This opportunity is implemented also during the work with the GalileoSky v 5.0 terminal, but without the need for authorization (as for unloading of the DDD file connection not through CAN, and through RS-232 is used). Work on expansion of this list is conducted.

2020: Russia will start testing of online tachographs

Russia will start testing of online tachographs, Kommersant reports in June.

Devices will fix violations in real time. So far online tachographs are going to install on passenger transport in 20 largest agglomerations of Russia.

The Ministry of Transport of the Russian Federation drafted the relevant bill on an online tachography. The document will be submitted for consideration in the Government of the Russian Federation in the fall of 2020. It is supposed that the bill will become effective in 2021 in Moscow and the Moscow region, in 2022 – in other regions. Requirements will extend to transport with the maximum weight over 3.5 tons and passenger buses.

Department claims that removal of penalties on the basis of indications of online tachographs will not become completely automated. At the representative of supervising department will be at the disposal of only data unambiguously testimonial of violation, but the decision on assignment of punishment will be made by the official.

Start of a system of online control will begin to be entered thanks to implementation of a pilot project at a complete set of buses and trolleybuses within updating of passenger transport in city agglomerations. At the moment there is a study of installation of devices and interaction with a data transmission system.

Developers of the legislative initiative consider that the new format of control will allow to increase traffic safety due to decrease in accident rate on roads which reason fatigue of the driver is. Also introduction of online tachographs will contribute to the further development of the systems of the remote automated control.

2017: List of the vehicles which are subject to obligatory equipment by tachographs

The Ministry of Transport of the Russian Federation expanded the list of the vehicles which are subject to obligatory equipment by the devices controlling observance of a work-rest schedule by drivers. Now tachographs should be installed also on the buses performing city and suburban regular transportations. Earlier these vehicles got under the list of exceptions.

According to the Order of Ministry of Transport No. 277 which made changes to the previous documents of the ministry (Order No. 273 and No. 36), till July 1, 2018 it is necessary to install tachographs on all suburban buses, and till July 1, 2019 - on all city (categories of Sq.m and M3 transport mean).

Tachographs control a work-rest schedule of drivers and also fix the speed of vehicles. Legislators believe that having minimized violations in these areas, it is possible to reduce significantly accident rate level with participation of passenger transport which significantly grew lately.

On State traffic inspectorate statistical data, in 10 months of this year because of drivers of buses there were 4487 road accidents, 263 persons died and 6932 - was wounded. Frightening was growth of accident rate: the death toll grew by 43.7% in relation to the same period of last year.

Growth of accident rate on passenger transport, including city and suburban, was noticed in 2015 - then this bill appeared for the first time. It needed two years to reach a final stage.

Managers not only did not control regulation of work and rest of drivers, but also even tried to hide processings that caused violations, accidents and the growing road accident number on passenger transport. Therefore the decision to strengthen control on city and suburban transport using tachographs and individual cards of drivers was made. Employees of the State traffic inspectorate will be able to check observance of work-rest schedules, having printed information from the controlling device.

2016: The Supreme Court of the Russian Federation rejected the claim for recognition invalid the order on replacement of analog tachographs by digital

The Supreme Court of the Russian Federation recognized in the summer of 2016, replacement of analog tachographs on digital is not the recommendation, but the mandatory requirement. It is based on federal laws, does not contradict the international standards and does not infringe at the right of entrepreneurs.

With the claim for recognition invalid the order of the Ministry of Transport No. 348 "About making changes in the Order of equipment of vehicles tachographs approved by the order of the Ministry of Transport of the Russian Federation of August 21, 2013 No. 273" Sokor-logistik LLC took the Supreme Court. Let's remind, the order which became effective on December 16, 2015 postpones the date of legality of analog tachographs for 1.5 years - since January 1, 2018 for July 1, 2016^[1].

According to Sokor-Logistik, the document carries rather recommendatory, but not binding character as no federal laws (in particular, No. 196-FZ "About traffic safety" and No. 184-FZ "About technical regulation"), the Technical regulation of the Customs union "About safety of wheel vehicles" contain such requirements to tachographs. Besides, complete retrofitting of the park will lead to significant growth of costs, so, the accepted document violates the right of society to conducting business activity.

However the Supreme Court did not recognize the claimant's arguments fair. Under the federal law "About Traffic Safety", the order in which requirements to tachograph control are established, defines the Government of the Russian Federation. The resolution of November 23, 2012 the No. 1213 Government assigned powers according to requirements to tachographs to the Ministry of Transport at fitting condition with FSB and the Ministry of Internal Affairs. Tachographs Ministry of Transport is competent to set an order of equipment of vehicles independently. Means, and order No. 36 prohibiting use of tachographs without CIPF, and order No. 348 reducing retrofitting terms correspond to federal laws.

As for the Technical regulation of the Customs union, according to this document, the order of equipment of vehicles tachographs is established by legal acts of member states of consolidation. The only requirement of regulations – construction of the vehicles performing commercial transportations should provide installation of control devices. Respectively, and there is no conflict with the adopted act.

An order assessment concerning the rights of entrepreneurs at a stage of the project was given by the Ministry of Economic Development. According to the conclusion of department, the new order and requirements do not complicate conducting business and innovation activity. Representatives of business were in advance informed on need to install digital devices instead of analog and had enough time gradually to make retrofitting.

According to GKRF the civil rights can be limited on the basis of federal laws if it is necessary for protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring defense of the country and security of the state.

Gradual equipment of vehicles digital control devices is provided by the federal target program "Increase in Traffic Safety in 2013 - 2020" approved by the order of the Government of the Russian Federation of October 3, 2013 No. 864. It is a measure it is necessary for increase in traffic safety and decrease in the most significant factors of road accident, such as fatigue and errors of drivers. So, for the first 7 months 2016 on roads of Russia because of drivers of trucks there were over 7.5 thousand accidents. At the same time according to the statistics weight of incidents with participation of cargo transport is almost three times higher, than with participation of passenger cars. Traffic security – one of priority problems of the state therefore special attention is paid to questions of tachograph control in the Russian legislation.

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