ULYANOVSK REGIONAL COURT

ULYANOVSK REGIONAL COURT

Judge Chernova N.V. Case No. 7-436/2015

Judge of the Ulyanovsk Regional Court Z.A. Tyutkina,

under secretary Voronkova I.A.,

Having considered in open court the complaint of Poukha S*** V*** against the decision of the judge of the Zheleznodorozhny District Court of the city of Ulyanovsk dated July 28, 2015,

INSTALLED:

By the resolution of the chief state inspector of the department of motor transport and road supervision of the State Traffic Safety Inspectorate for the Ulyanovsk region, V.V. Kulishov. dated June 29, 2015 Poukh S.V. brought to administrative responsibility under Part 1 of Article 11.23 of the Code of Administrative Offenses of the Russian Federation and subjected to administrative punishment in the form of an administrative fine in the amount of 1000 rubles.

Blame Pouhu S.V. It was charged that on June 29, 2015, at 10:40 a.m., he transported cargo (sludge sludge from wastewater treatment plants) along the route: Ulyanovsk - solid waste landfill, landfill contract, using a KAMAZ 5511 vehicle, state registration plate ***, not equipped with a tachograph.

Disagreeing with this resolution, Poukh S.V. appealed it to the Zheleznodorozhny District Court of the city of Ulyanovsk.

Having considered the complaint on the merits, the judge of the Zheleznodorozhny District Court of the city of Ulyanovsk issued a decision by which the resolution of the chief state inspector of the department of motor transport and road supervision of the State Traffic Safety Inspectorate for the Ulyanovsk Region dated June 29, 2015 No. 370059 on the involvement of Poukha S.V. to administrative liability under Part 1 of Article 11.23 of the Code of Administrative Offenses of the Russian Federation was left unchanged.

In a complaint sent to the Ulyanovsk Regional Court, Poukh S.V. does not agree with the resolution and the decision made on the complaint, asks to cancel them, citing his lack of obligation to equip a vehicle intended for public utilities and road maintenance with a tachograph, the year of manufacture of which is 1985 (30 years). In this regard, he believes that there is no corpus delicti of an administrative offense in his actions.

Detailed position of Poukha S.V. set out in the complaint.

Having studied the case materials, having heard the explanations of the representative of the State Traffic Safety Inspectorate for the Ulyanovsk region, I.A. Kozlova, who objected to the arguments of the complaint, I come to the following.

Part 1 of Art. 11.23 of the Code of the Russian Federation on Administrative Offenses of the Russian Federation provides for administrative responsibility for driving a vehicle or releasing a vehicle on the line for the transport of goods and (or) passengers without a technical control device that ensures continuous, uncorrected recording of information about the speed and route of the vehicle, about the mode work and rest of the driver of a vehicle (hereinafter referred to as the tachograph), if its installation on the vehicle is provided for by the legislation of the Russian Federation, as well as with a non-working (blocked, modified or faulty) or with a tachograph that does not meet the established requirements, except in the case of breakdown 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 the information registered by it).

From the case materials it follows that on June 29, 2015 at 10:40 a.m., the driver of the UMUP “ Ulyanovskvodokanal" - Poukh S.V. in the village B*** k*** Ulyanovsk, st. L***, d. *** carried out the transportation of cargo (sludge sludge from treatment plants) along the route: Ulyanovsk - solid waste landfill landfill contract on a KAMAZ 5511 vehicle, state registration plate ***, not equipped with a technical control device that ensures continuous, uncorrected registration of information about the speed and route of the vehicle, about the work and rest schedule of the vehicle driver - tachograph.

The above vehicle belongs to the right of ownership of UMUP " Ulyanovskvodokanal».

Appendix No. 2 “Categories and types of vehicles equipped with tachographs” to the Order of the Ministry of Transport of Russia dated February 13, 2013 No. 36 contains a list of categories and types of vehicles equipped with tachographs, put into circulation and in operation on the territory of the Russian Federation.

These include, inter alia, vehicles intended for the transportation of goods, having a maximum weight of more than 12 tons (category N 3), with the exception of public utility vehicles and road maintenance vehicles, as well as vehicles included in the list of types and categories of wheeled vehicles vehicles that are 30 or more years old, that are not intended for the commercial transport of passengers or cargo, have the original engine, body and frame (if any), have been preserved or restored to original condition, and for which no recycling fee is payable , approved by Decree of the Government of the Russian Federation of August 30, 2012 No. 870 “On the recycling fee for wheeled vehicles.”

Appendix No. 6 of the Technical Regulations of the Customs Union “On the adoption of the technical regulations of the Customs Union “On the safety of wheeled vehicles”, approved by decision of the Customs Union Commission dated December 9, 2011 No. 877 (as amended on May 28, 2015), established additional requirements for specialized and special transport means, which include Requirements for vehicles for public utilities and road maintenance.

Also, by this decision of the Commission, a List of standards was approved, as a result of which, on a voluntary basis, compliance with the requirements of the technical regulations of the Customs Union “On the safety of wheeled vehicles” (TR CU 018/2011) is ensured. These include GOST 31544-2012 “Machines for urban utilities and road maintenance.”

Thus, vehicles used for public utilities and road maintenance must be classified as specialized vehicles in accordance with this GOST y .

The above standard applies to specialized vehicles for urban utilities and road maintenance, which include: machines for sanitary cleaning of cities, for winter cleaning of cities, summer cleaning of cities, machines for year-round use for cleaning cities, utility vehicles of various purposes, snow blowers. The standard establishes special safety requirements determined by the characteristics of the technological equipment of machines.

In accordance with clause 2 of the Technical Regulations of the Customs Union “On the safety of wheeled vehicles”: “specialized vehicle” is a vehicle intended for the transportation of certain types of goods (petroleum products, food liquids, liquefied hydrocarbon gases, food products, etc. );

“special vehicle” is a vehicle designed to perform special functions that require special equipment (truck cranes, fire trucks, vehicles equipped with lifts with working platforms, tow trucks, etc.).

Consequently, by virtue of the above standards, the KAMAZ 5511 vehicle, state registration plate P 122 UH 73, belonging to category N3, cannot be recognized as a specialized or special vehicle for public utilities and road maintenance.

It is equally impossible to classify the specified vehicle as one of the vehicles included in the list of types and categories of wheeled vehicles, 30 or more years have passed since the year of manufacture, which are not intended for commercial transportation of passengers and cargo, have an original engine, body and frame (if any) ), preserved or restored to the original condition, and in respect of which the recycling fee is not paid, approved by Decree of the Government of the Russian Federation of August 30, 2012 No. 870 “On the recycling fee in relation to wheeled vehicles”, since this List approved by the Government Decree RF dated December 26, 2013 No. 1291 (as amended on April 2, 2014) includes:

1. Vehicles of category M, including all-terrain vehicles of category G;

2. Vehicles of category N, including all-terrain vehicles of category G.

Vehicles of category N3 are not included in this list.

Therefore, equipping the disputed vehicle with a tachograph in this case is mandatory.

The fact of committing an administrative offense and the guilt of Poukha S.V. are confirmed by a body of evidence, including: a protocol on an administrative offense, a resolution on the case of an administrative offense, a vehicle registration certificate, and other case materials.

All evidence was assessed in the court decision in accordance with the requirements of Article 26.11 of the Code of the Russian Federation on Administrative Offenses.

Actions of Poukha S.V. correctly qualified by Part 1 Article 11.23 Code of the Russian Federation on Administrative Offences.

During the consideration of this case, the district court judge comprehensively, completely, objectively and timely clarified the circumstances of the administrative offense committed.

The procedure for proceedings in a case of an administrative offense and the statute of limitations for bringing to administrative responsibility have not been violated.

There were no violations of the norms of substantive and procedural law entailing the reversal of the court decision taken in the case during the proceedings in this case.

The arguments of the complaint do not contain new circumstances that were not the subject of discussion in the court of first instance or would refute the judge’s conclusions, and do not constitute grounds for canceling the judicial act.

Under such circumstances, there are no grounds for satisfying the complaint.

Guided by Art. Art. 30.3 – 30.9 of the Code of the Russian Federation on Administrative Offenses, judge

The decision of the judge of the Zheleznodorozhny District Court of the city of Ulyanovsk dated July 28, 2015 was left unchanged and the complaint of Poukha S*** V*** was not satisfied.

Judge Z.A. Tyutkina

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

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 onto a line for transporting 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 for committing an administrative offense under 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.

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Transport safety is one of the most important aspects of road traffic. At the legislative level, there are many orders and other documents containing requirements to ensure the safety of the driver, passengers and cargo during transportation. The provisions of these laws are mandatory throughout the Russian Federation and even beyond its borders (if we are talking about international transportation).

In order to record compliance with the requirements of the Legislation, vehicles must be equipped with special monitoring devices - tachographs. They are designed to record information about driving speed, route and the driver’s compliance with work and rest schedules.

All rules for the use of these devices and their maintenance, as well as the category and type of machines on which monitoring equipment must be installed, are recorded in the corresponding order of the Ministry of Transport. However, despite this, many buses and trucks that should be equipped with tachographs are still not equipped with them.

In these situations, as well as in cases where a non-functioning or faulty tachograph is installed on a vehicle, administrative liability is provided for unauthorized modifications of the device or its non-compliance with established requirements. It also applies to persons who violate the rules for using the tachograph: if they block, correct or falsify the registered data.

If any of the above cases occur, fines are imposed on violators:

• for individuals directly driving a truck or bus with a faulty tachograph or without it at all for the transport of people and/or goods, – from 1000 to 3000 rubles,
• for officials , responsible for installing monitoring equipment and checking its serviceability, – from 5000 to 10000 rubles. Most often, this is a mechanic or garage manager who is responsible for releasing vehicles on the route.

The exception is cases of unexpected failure of the device during a trip.

Alexander, hello!

Currently, the fine under Part 1 of Art. 11.23 of the Code of Administrative Offenses of the Russian Federation can be issued to both the driver and the owner of the vehicle. Depending on who the protocol was drawn up against, the fine will vary - for a driver 1-3 thousand rubles, for an official (individual entrepreneur in your case) - 5-10 thousand rubles.

Since, as I understand it, you work on the owner’s car, the responsibility for equipping it with a tachograph lies with him, accordingly, the protocol ideally should have been drawn up by the individual entrepreneur.

Article 11.23. 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 (as amended by Federal Law dated 14.10. 2014 N 307-FZ)
(as amended by Federal Law dated June 14, 2012 N 78-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) - (as amended 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.

is an individual entrepreneur legal entity

An individual entrepreneur is not a legal entity, but for the application of the norms of the Code of Administrative Offenses, an individual entrepreneur is considered not so much as a citizen, but as an official.

Article 2.4. Administrative responsibility of officials
An official is subject to administrative liability if he commits an administrative offense in connection with failure to perform or improper performance of his official duties.

Note.

Persons carrying out entrepreneurial activities without forming a legal entity, who have committed administrative offenses, bear administrative responsibility as officials, unless otherwise provided by this Code.