Medic’s mark on the waybill: requirements of the Russian Ministry of Transport

The legislation regarding filling out vouchers for road transport, as well as their recording, has become more stringent. The Ministry of Transport of Russia has approved additional details that are required to be filled out (orders No. 152 as amended on January 18, 2018, No. 476 on November 7, 2017).

Now a waybill with a mechanic’s and medic’s mark is required for all budget organizations using transport (trucks, cars, buses, special vehicles). The voucher has also been supplemented with new mandatory details: OGRN - for organizations and OGRNIP - for individual entrepreneurs.

Is a health worker’s note required on the waybill?

A permit is a document with which you can confirm the work of the driver and the operation of the vehicle. The “Charter of Motor Transport and Urban Ground Electric Transport” (Federal Law No. 259-FZ dated 08.11.2007) defines the obligation to register them for:

• enterprises engaged in transporting passengers by minibus taxis within the city and its suburbs;
• transport organizations specializing in intercity passenger transportation;
• companies that provide cargo transportation services;
• transport companies whose activities are related to other types of ground public transport (trams and trolleybuses).

A permit must be issued every time an employee-driver transports people or goods. At the legal level this is stated in:

• Art. 24 Federal Law No. 323 “On the fundamentals of protecting the health of citizens”: holders of certain professions, in order to preserve their health and ability to work, are required to regularly undergo compulsory medical examinations;
• Art. 23 Federal Law No. 196 “On Road Safety”: vehicle drivers must undergo pre-trip and post-trip medical examinations. So, it is obvious that the employee must be healthy while driving. And the health worker’s stamp on the document will confirm this.

As for the use of cars or trucks by another person of the enterprise, for example, the general director, in this case it is not necessary to fill out a waybill, and a health worker’s mark is also not required. Judicial practice confirms this (see, for example, the decision of the Court of Justice of the Sakhalin Region dated April 19, 2018 in case No. A59-6319/2017).

But waybills are used not only to record the work of drivers, but also as primary accounting documents that allow you to write off fuel costs. And in order to avoid problems with the Federal Tax Service, you must be guided by Order of the Ministry of Transport of the Russian Federation dated September 18, 2008 No. 152, which lists the mandatory details and rules for preparing forms. It is clear from the order whether a doctor’s note is needed on the passenger car’s waybill. Clause 16 states that such a stamp is required. Otherwise, the consequences may be as follows:

• tax authorities will consider documents without a doctor’s mark invalid and will not recognize expenses written off on them;
• The traffic police inspector will fine you for not having a medical examination mark. The fine for the driver is 3,000 rubles, for the manager responsible for the driver’s shift—5,000 rubles. The company can be fined 30,000 (Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation);
• By not conducting medical examinations for employees, the employer violates the rights of workers to health protection (Article 24 of the Labor Code of the Russian Federation). A Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation for allowing an employee to work who has not passed a medical examination provides for a fine for officials and individual entrepreneurs from 15,000 to 25,000 rubles, for legal entities - from 110,000 to 130,000 rubles.

By the way, the last fine can be imposed if the enterprise does not know whether a medical examination is required in the waybill for forklift drivers who actually do not travel outside the warehouse. But it must be carried out.

What does a sample of a medical worker’s stamp look like on a waybill?

Drivers are required to inform management about their route and the resources spent on the trip. For this purpose, it is customary to use standardized sheet forms for several types of transport, approved. Resolution of the State Statistics Committee dated November 28, 1997 No. 78. But an enterprise can develop its own form and use it in its work. The main thing is that it contains the details specified in Order of the Ministry of Transport of the Russian Federation dated September 18, 2008 No. 152, including the field where to enter a sample of the medical examination stamp on the waybill (2019). Used and accepted papers are registered in a special journal and then stored in the archive for 5 years.

As of March 1, 2019, amendments were made to the Order of the Ministry of Transport of the Russian Federation dated September 18, 2008 No. 152. The words “garage”, “parking”, “parking space” are changed to the concept “parking”. Since spring, technical control of a vehicle must be pre-shift or pre-trip. Officials also rewrote paragraph 10 of the Order, eliminating the deadline for paperwork - “for a period not exceeding one month.” From March 1, the period will no longer need to be specified. But the voucher itself must be issued before the start of the trip, if its duration exceeds the duration of the driver’s work shift, or before the start of the first trip, if the driver makes several trips during the shift (working day).

Vouchers are issued for an employee every time he uses official transport for work purposes. They contain information:

• about the sheet number;
• its validity period;
• owner (owner) of the vehicle;
• the vehicle itself (type and model, registration plate);
• kilometers traveled;
• travel route and stop information;
• spent fuel and lubricants;
• the number of hours worked by the driver.

On each issued form, a health worker’s mark is placed in accordance with clause 16 of the Procedure for conducting medical examinations, approved. By Order of the Ministry of Health of Russia dated December 15, 2014 No. 835n. Here is a sample of a doctor's seal on a waybill (2019). It looks like a print with the following content:

The health worker is obliged not only to put a stamp, but also to indicate the full name, date and time of the examination, and sign.

If an employee does not pass the control (for medical reasons), then for such a situation a sample of a doctor’s stamp on the waybill (2019) is not provided. The doctor simply writes that the employee is not admitted, and then duplicates this entry in the pre-trip examination log.

IMPORTANT!

From March 1, 2019, it is not necessary to put a medical worker’s stamp on the form. The doctor just needs to indicate that the employee has been examined, set the date and time of the examination, and sign.

Attention to the medical examination and technical control mark

The new rules state: the condition of the vehicle is controlled by the official responsible for maintenance and operation.

If the technician does not find any problems when checking the machine, he puts Fr.

The marks after the driver’s medical examination will be as follows:

• for examination before a flight - “passed a pre-trip medical examination and was allowed to perform work duties”;
• after the flight - “passed a post-flight medical examination.”

The mandatory details of a travel document in 2022 can be roughly divided into two categories. Details are in the table.

Two categories of mandatory waybill details

Additional requirements depend on the specifics of the organization’s activities. Such details may include:

• fuel consumption standards;
• vehicle route;
• saving (excessive consumption) of fuel.

An organization can develop a “ticket” form itself, taking into account the requirements for primary documentation. Or modify the unified forms from the Resolution of the State Statistics Committee of Russia dated November 28, 1997 No. 78.

The form that the company will use is fixed in the accounting policies of the organization.

Mechanic's note on checking the technical condition of the car

In addition to the driver’s health condition, the waybill contains information about monitoring the technical condition of the car before the trip. The mechanic who releases the vehicle from the parking lot or garage must indicate:

• date and time of vehicle inspection;
• signature, full name

Like a doctor's visa, a mechanic's mark is a mandatory requirement. Is it possible to issue a waybill in 2022 if there is no mechanic or doctor on staff?

This is possible, for example, if you hire the necessary specialists for a part-time job. The second correct option is to use outsourcing.

After the adoption of the law on telemedicine in Russia (Federal Law dated July 29, 2017 No. 242-FZ “On amendments to certain legislative acts of the Russian Federation on the use of information technologies in the field of health”), heads of organizations may decide that it is permissible to use this option . But the Ministry of Health is still against it. In Letter No. 14-1/3035046-2123 dated March 29, 2018, officials remind that conducting medical examinations of drivers remotely is not provided for by current legislation.

Do you need a waybill if fuel and lubricants are not accounted for?

Drivers and individual entrepreneurs whose activities do not include accounting for fuel consumption are often asked about the need to issue a voucher. This p/l does not affect tax deductions in any way. Why fill it out if no one needs the information you enter?

This is wrong. The target legality of transport management must be documented. According to the Laws of the Russian Federation, organizations, legal entities and individuals (individual entrepreneurs, self-employed) operating vehicles are required to have a travel document for:

• transportation of passengers, including own employees (directors);
• movement of goods, both for commercial and personal purposes.

The voucher, in addition to the listed data, carries information about the driver’s health condition, the condition of the car, serving to ensure road safety. The primary purpose of P/L is to reduce the level of road accidents by monitoring the work of carriers.

Note: In the absence of a trip, in the event of an accident, insurance compensation for damage will be denied, since the legal validity of being on the flight has not been confirmed. When transportation concerns taxi drivers, the car can be taken to the impound lot, depriving them of the opportunity to earn money.

Is a medical examination required on the travel document?

There are two types of medical examination of the driver: pre-trip (carried out immediately before departure on a trip) and post-trip (carried out after the end of the trip or completion of the task).

A pre-trip medical examination is mandatory for all budgetary institutions that operate transport, but a post-trip medical examination is required for transport companies and organizations involved in the road transport of passengers and dangerous goods. The need for a medical examination of the driver of the institution is prescribed in paragraph 1 of Art. 20 of the law of December 10, 1995 No. 196-FZ.

If you look at the waybill, the health worker’s mark is affixed in the following order:

1. The date and time of the medical examination of the driver is indicated.
2. Conclusion from a doctor or paramedic about the driver’s health condition.
3. Signature and transcript of the health worker’s signature.
4. Sample of a medical worker's stamp on a waybill. If the examination is carried out by a staff doctor of the institution, then it is not necessary to put a stamp.

Some institutions that do not have the opportunity to maintain a physician on staff transfer these powers to a full-time employee who does not have a professional medical education. For example, they are charged with labor duties to the head of the transport department or a personnel officer. This situation is a direct violation of the law. To avoid fines from regulatory authorities, enter into an agreement with a medical organization or hire a part-time health worker.

IMPORTANT! Regardless of the ownership of the vehicle (rented from a transport company, shared ownership, full ownership, rented car from an employee), a medical examination mark is required.

So, we have determined whether a doctor’s note is needed on a passenger car’s waybill. It is necessary, and there can be no exceptions. A sample of a medical examination stamp on a 2022 waybill looks like this (you can download it on our website for free):

Example: a note on the waybill about undergoing a medical examination, if the institution has a full-time medical worker:

Where can I get the current travel permit form 2022?

There are services where a sheet is generated online in accordance with regulatory requirements, taking the unified version as an example. Errors are corrected and missing columns are added. As a rule, they charge a fee for this - 500 rubles.

You can develop a new form of waybill for a passenger car yourself by downloading a free standard waybill form in Excel format. Working with tables, they correct errors in details and add non-existent parameters. Since there is no current sample, they rely on Order No. 368, including the necessary information.

When forming a car waybill form using any of the methods, the type of vehicle and the specifics of the organization’s activities are taken into account. A document developed independently is approved by an internal order, reflecting it in the company’s accounting policies. For example, for each type, take the intersectoral form corresponding to a specific transport:

• passenger cars - No. 3 and No. 3 (special);
• cargo – No. 4-S and No. 4-P;
• buses: No. 6 – public; No. 6 (special) – non-public use;
• taxi – No. 4
• log book - No. 8
• consignment note – No. 1-T

Using the State Statistics Committee form, they enter the required details, although there are no fields for this. Let there be minor overlaps. While they turn a blind eye to this, accepting the payment form as the primary reporting document for writing off fuel and lubricants and calculating the driver’s salary, the old forms can be used. The main thing is to reflect the information when filling out, in accordance with the requirements of the Ministry of Transport. Because without them, the waybill may be considered insignificant with all the ensuing consequences.

Waybill for a week, how to arrange a medical examination

The organization has the right to issue vouchers not every day, but for example, for a week or several days. But no more than one month. Let’s look at how to deal with medical examinations in such a situation using a specific example.

Let's say a driver is sent on a long business trip for two weeks. Before leaving for a flight, he undergoes a medical examination in accordance with the established procedure. On the issued voucher, the doctor issues the appropriate visa that the employee is allowed to drive transport. Upon return, the driver undergoes a post-trip examination, about which the doctor makes a corresponding note. Such a document gives the driver full right to make long business trips (Determination of the Supreme Arbitration Court of the Russian Federation dated June 30, 2009 No. VAS-7619/09, Resolution of the Supreme Court of the Russian Federation dated October 5, 2012 No. 46-AD12-18, Samara Regional Court dated April 29, 2013 No. 4a-231 /2013).

Therefore, on a long flight, when the ticket is issued for several days, it is enough to undergo inspection before departure and upon return. No additional surveys or examinations are required along the way. However, the management of the organization may provide for a medical examination at the place of arrival by concluding an appropriate agreement with the receiving party for the provision of medical services. Thus, the driver will undergo four inspections: one before departure, the second upon arrival at the destination, the third upon departure and the fourth upon return to the main place of work.

Please note that this algorithm is not required. Two inspections are sufficient: before departure on a business trip and upon arrival.

For what period is a waybill issued?

The validity period of the travel document is one day. But this does not mean that the driver can be behind the wheel all 24 hours. The operating mode assumes the duration of work. day, not exceeding 8 hours. In some cases, processing up to 10 hours is possible, but not every day. The schedule may have long breaks of 4, sometimes up to 5 hours. Much depends on the specifics of transportation. If the flight is long, 2 drivers work in shifts on one vehicle.

The actual driving time, including rest, is taken into account. On the reverse side of the sheet indicate the route and travel time with breaks. Therefore, despite the fact that the day has not ended, the driver may be fined for exceeding the driving time of more than 12 hours. Taking this into account, the document is issued for the flight or shift. Neither for a week, nor for a month, as was the case before, it is impossible to issue a P/L - this would be a violation.

What checks does the driver undergo and what is stamped on it indicating that the medical examination has been passed?

One of the elements of ensuring road safety (road safety), in accordance with Art. 23 of the Law “On Road Safety” dated December 10, 1995 No. 196-FZ, are medical measures, including examination of transport drivers.

Before being hired, drivers undergo a medical examination at their own expense to identify diseases the presence of which threatens road safety (see the Procedure for conducting a mandatory medical examination, approved by Order of the Ministry of Health dated June 15, 2015 No. 344n), for example, schizophrenia, affective disorders, etc. Based on the results of the examination, the driver receives a conclusion certified by the seal of the hospital or other institution where the examination was carried out.

The employer pays for and ensures that hired employees undergo examinations before the working day to identify conditions, diseases and factors that threaten road safety (for example, toxic intoxication of the worker), and after its completion to check for the presence of such conditions and signs of exposure to adverse production factors on workers. The results of the inspection are recorded in the following documents (see the Procedure for conducting inspections, approved by order of the Ministry of Health dated December 15, 2014 No. 835n):

• inspection log;
• conclusion: on the presence of intoxication, signs of exposure to unfavorable work factors, conditions or diseases that interfere with work activity; at the same time, the worker receives a certificate of his condition;
• about the absence of the above; in this case, the corresponding stamps are affixed to the waybill before the start of a shift or flight and after its completion.

The legislative framework

Pre-trip inspections are regulated by a number of regulations:

• By Order of the Ministry of Health of December 15, 2014 No. 835.
• Letter of the Ministry of Health dated August 21, 2003 No. 2510/9468-03-32.
• By Order of the Ministry of Health of September 29, 1989 No. 555.

Certain features of conducting surveys are established by Article 23 of Law No. 196. The latest version of the law on pre-trip inspection is Order of the Ministry of Health No. 835 of May 1, 2015.

IMPORTANT! Almost all regulations establish the need to maintain a log book in a company. It records the results of the survey. The responsibility for keeping a log rests with the employer. Instructions for the form of the journal are recorded in the order of the Ministry of Health dated September 29, 1989 No. 555.

Features of pre-trip inspection under the new law

New requirements for examination are established by order of the Ministry of Health dated December 15, 2014 No. 835. Let's look at some of them:

• The examination is carried out before the work shift to ensure that a person with contraindications does not board the flight.
• The inspection is paid for and organized by the employer.
• Only qualified medical personnel with the appropriate license can examine the driver.

The new law specifies the following stages of pre-trip inspection:

• Anamnesis collection.
• Visual inspection of a person.
• Measurement of body temperature.
• Measurement of blood pressure and pulse.
• Check for alcohol intoxication.
• Determination of blood alcohol content (in percent).
• Checking for the presence of psychoactive elements in the blood.

The results of the examination are reported to the employer. If there are contraindications, the person is given a referral for a full examination.

Latest legislative innovations on pre-trip inspections

On July 29, 2022, a new Federal Law No. 242 on pre-trip inspection of bus and taxi drivers was adopted. It came into force at the beginning of 2022, and it contains some fundamentally new points that drivers and employers need to be aware of.

The most important innovation is the possibility of remote pre-trip inspection. The doctor can be at his workplace, far from the patient, and give a conclusion via telemetry. The doctor will not personally put his signature on the waybill, as was previously the case, but will send his verdict in electronic form, sealing it with an electronic signature - an electronic digital signature. It is planned that drivers will be examined directly behind the wheel before the start of the trip. The mechanism for such a procedure has not yet been developed, but such a task has been assigned to the Ministry of Health of the Russian Federation. Telemedicine will help save time for examinations and funds for their organization.

The second change concerns the tightening of the inspection requirements themselves. The number of reasons for which a doctor can legally remove a driver from participating in a flight has increased. Added to them:

• high blood pressure;
• significantly increased heart rate;
• acute form of the disease.