Rules for using waybills in 2022

Good afternoon, dear reader.

In this article we will talk about the waybill - a document that is primarily needed by drivers of commercial vehicles.

Popular questions related to the use of waybills:

• Waybill in traffic rules.
• Why do you need a waybill?
• Do you need a waybill for a passenger car?
• When is it necessary to fill out a waybill?
• How long is the ticket issued for?
• Medical worker's note.
• Technical inspector's mark.
• How to fill out a waybill?
• Penalty for lack of waybill.

Let's consider these questions in more detail.

Waybill in traffic rules

In the 2022 traffic rules, the phrase “waybill” is used only once, in paragraph 2.1.1:

2.1.1. Have with you and, at the request of police officers, hand over to them for verification: ...

• in established cases, permission to carry out activities for the transportation of passengers and luggage by passenger taxi, waybill, license card and documents for the transported cargo, as well as special permits, in the presence of which, in accordance with the legislation on highways and on road activities, traffic on highways is allowed a heavy vehicle, a large vehicle or a vehicle transporting dangerous goods;

At the same time, “established cases” are not described in the traffic rules, so you will have to turn to other regulatory legal documents.

What is a waybill and why is it needed?

A waybill is a document for recording and monitoring the operation of a vehicle and driver.

The law prohibits the transportation of passengers, luggage and cargo by vehicles without issuing a waybill (Federal Law of November 8, 2007 N 259-FZ).

The waybill is one of the mandatory documents that the driver of a corporate car must have with him. This obligation is spelled out in paragraph 2.1.1 of the Traffic Rules.

From January 1, 2022, a waybill must be issued for every vehicle of a legal entity or individual entrepreneur, and not only for those that transport cargo, passengers and luggage. This rule was introduced by Order of the Ministry of Transport N 368 dated September 11, 2020.

A waybill is the main document confirming the actual consumption of fuel and lubricants for production purposes. The cost of consumed fuels and lubricants is included in expenses by type of activity or as part of other expenses.

Also, the waybill can be used as a primary document to confirm the provision of services and their volume, if this is stated in the contract.

Do you need a waybill for a passenger car?

Let's immediately highlight the drivers who do not need a waybill :

1. If the car belongs to an individual and is used by him for his own purposes or is transferred to another individual by proxy.

2. If the car belongs to a legal entity and for this legal entity, accounting for fuel costs does not matter (except for cases where filling out a waybill is mandatory).

Let's look at the situation using an example. Let the car belong to an individual entrepreneur who uses the simplified taxation system and has chosen income as the taxable base. In simple terms, only the income of this legal entity is subject to taxes, regardless of its expenses. In the described example, it doesn’t make much sense to arrange travel vouchers, because this will only lead to additional time spent filling out paperwork and will not bring any benefit.

In this case, instead of a waybill, a legal entity can issue a special power of attorney to drive a car, which the driver will present to traffic police officers when checking documents. The power of attorney form for a legal entity will be published in a separate article.

I would also like to draw your attention to the fact that in some cases, filling out a waybill is mandatory. Let's move on to consider them.

Why don’t traffic police officers have the right to demand a waybill and a power of attorney from drivers?

And so, friends, let's carefully look at paragraph 2.1.1 of the Rules of the Road.

According to clause 2.1.1 of the Russian Federation Traffic Regulations, the driver of a motor vehicle is required to carry with him and submit upon request to police officers (including traffic police officers of the State Traffic Safety Inspectorate of the Russian Federation) for verification the following documents:

— a driver’s license or temporary permit to drive a vehicle of the appropriate category or subcategory;

- registration documents for this vehicle (except for mopeds), and if there is a trailer - also for the trailer (except for trailers for mopeds);

- in established cases, permission to carry out activities for the transportation of passengers and luggage by passenger taxi, waybill, license card and documents for the transported cargo, and when transporting large, heavy and dangerous goods - documents provided for by the rules for the transportation of these goods;

- a document confirming the fact of disability, in the case of driving a vehicle on which the identification sign “Disabled” is installed;

— insurance policy of compulsory insurance of civil liability of the owner (MTPL policy);

- in cases directly provided for by the legislation of the Russian Federation, have and submit for verification to employees of the Federal Service for Supervision of Transport an access card for a vehicle for international road transport, a waybill and documents for the transported cargo, special permits, if available in accordance with with the legislation on highways and road activities, it is allowed to drive heavy and (or) large-sized vehicles on highways, a vehicle transporting dangerous goods, and also provide a vehicle for weight and dimensional control.

Please, friends, draw your attention to the text highlighted in red. This paragraph tells us that drivers are required to carry a waybill with them only in cases established by law. That is, if you follow the logic of the law, the driver does not always have to carry a waybill with him. Otherwise there would not have been Fr. in the law.

Also, let's read clause 2.1.1 carefully. SDA-

-Do you see a clause here obliging the driver to carry with him and present to the police upon request a power of attorney? Naturally, this clause is not here, since in the current traffic rules this legal requirement was abolished by the Decree of the Government of the Russian Federation back in 2012.

And so, according to the traffic rules that are in force today, no one has the right to demand from you a power of attorney for the right to drive a vehicle, even regardless of who owns the car.

Please remember that a power of attorney is needed only if the driver intends to carry out any legal actions on behalf of a legal entity or entrepreneur. For example, picking up a car from a parking lot or carrying out registration actions at the traffic police.

See also: New administrative regulations of the Ministry of Internal Affairs from April 1, 2022

You and I also know that you need to carry a completed waybill with you only in cases established by law.

But in what cases, established by law, are drivers required to carry a completed waybill with them and present it at the request of the police?

Yes, indeed, in certain cases, you still need to fill out a waybill and take it with you in order to present it upon request. For example, in cases where the driver is engaged in the commercial transportation of cargo(s) or passengers.

First, let's find out, friends, in what cases the waybill is filled out. This issue is regulated by Order of the Ministry of Transport of the Russian Federation No. 152 of September 18, 2008 “On approval of mandatory details and the procedure for filling out waybills,” as amended for 2022.

So, according to this document, the waybill is filled out for vehicles owned by legal entities or individual entrepreneurs for the transportation of goods, passengers or luggage. Here is an excerpt from Order of the Ministry of Transport No. 152:

• clause 9. A waybill is issued for each vehicle used by a legal entity, individual entrepreneur for the transportation of goods, passengers and luggage by road and urban ground electric transport in urban, suburban and intercity traffic.”

Many of you will say that this document does not contain a word about “commercial transportation” and therefore, and apparently, this waybill must be issued in all cases of operation of a vehicle that belongs to a legal entity or individual entrepreneur.

Actually this is not true. The fact is that this Order of the Ministry of Transport No. 152 directly refers to a more important one, i.e. The federal law:

Law No. 259-FZ “Charter of road transport and urban ground electric transport” of November 8, 2007

Article 1. Subject of regulation.

1. This Federal Law regulates relations arising in the provision of services by road transport and urban ground electric transport, which are part of the transport system of the Russian Federation. Relations related to the provision of services by road transport and urban ground electric transport and not regulated by this Federal Law are regulated by other federal laws and other regulatory legal acts of the Russian Federation.

1. This Federal Law determines the general conditions for the transportation of passengers and luggage, cargo, respectively, by buses, trams, trolleybuses, cars, trucks, including the use of car trailers, car semi-trailers (hereinafter also referred to as vehicles), as well as the general conditions for the provision of services to passengers , charterers, shippers, consignees, carriers, charterers at transport infrastructure facilities.

1. Transportation of passengers, baggage, and cargo by road in international traffic is regulated by international treaties of the Russian Federation.

1. The provisions of the legislation of the Russian Federation on the protection of consumer rights also apply to relations related to the transportation of passengers and baggage, cargo for personal, family, household or other needs not related to business activities.

That is, as you can see, gentlemen, Order of the Ministry of Transport No. 152, referring to Federal Law No. 259, implies that a waybill must be issued for commercial transportation of goods and passengers. But in these documents there is not a word that the driver of a car that belongs to a legal entity or individual entrepreneur must have a completed waybill in hand for any type of transportation. That is, if there is no fact of commercial transportation in accordance with the order of the Ministry of Transport, the waybill should not be filled out. For example, when traveling for corporate needs of the company. Otherwise, this would be spelled out in such a document.

When is it necessary to fill out a waybill?

Let's consider article 6 of the federal law “Charter of road transport and urban ground electric transport”:

Article 6. Waybills

2. It is prohibited to transport passengers, baggage, and cargo by buses, trams, trolleybuses, cars, and trucks without issuing a waybill for the appropriate vehicle.

The second paragraph of this article contains situations in which driving vehicles is prohibited:

• transportation of passengers and luggage;
• transportation of goods.

Let's consider the concepts passenger, baggage and cargo:

1) luggage - the passenger’s belongings accepted for transportation in the prescribed manner;

3) cargo - a material object accepted for transportation in the prescribed manner;

12) passenger - an individual who has entered into an agreement for the carriage of a passenger, or an individual for the purpose of whose transportation a vehicle charter agreement has been concluded;

Fines for lack of waybill

For the absence of a waybill, the driver will receive a fine under Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation in the amount of 500 rubles or a warning.

No other measures are provided.

However, the absence of a waybill may entail additional, more serious liability:

Checking fines for legal entities

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How long is the ticket issued for?

Filling out travel forms every day is a rather labor-intensive task. Especially for small organizations where there is no separate dispatcher. Therefore, the question arises, is it possible to book a trip for several days ?

The answer to it is given in paragraph 9 of Order of the Ministry of Transport of the Russian Federation No. 368 dated September 11, 2022 No. 368 “On approval of mandatory details and the procedure for filling out waybills”:

9. The waybill is issued before the start of the trip, if the duration of the vehicle driver’s trip exceeds the duration of the shift (working day), or before the start of the first trip, if during the shift (working day) the vehicle driver makes one or more trips.

Thus, a waybill is issued:

• for 1 day, if the flight duration is 1 day or several flights are performed per day.
• for 1 flight, if the flight duration exceeds 1 day.

For example, if a driver goes on a long trip across the country, the duration of which is 2 months, then the waybill is issued only before the start of this trip.

As for organizations whose cars return to the parking lot every day, they must issue waybills every day.

Note. Until March 1, 2022, a waybill could be issued for a period not exceeding one month.

Where to get a waybill

If the driver works for a transport organization
, the permit is issued and issued by the same organization. The employer is obliged to organize technical control of the vehicle, pre-trip and post-trip (mandatory for a taxi driver) medical examination.

If the taxi driver works for himself (individual driver)

then blank travel forms can be purchased or printed in a suitable format by downloading the document on the Internet.

Waybill in your own form

We looked at the procedure for filling out a unified form of a waybill for a passenger car. It is mandatory for use by specialized and motor transport organizations. But “ordinary” organizations have the right to develop their own form of waybill (letter of the Federal Tax Service of Russia dated November 14, 2006 No. 20-12/100253). In this form, it is necessary to reflect all the details provided for in paragraph 2 of Article 9 of Law No. 129-FZ, namely:

• Title of the document;
• date of document preparation;
• name of the organization on behalf of which the document was drawn up;
• content of a business transaction;
• measuring business transactions in physical and monetary terms;
• names of positions of persons responsible for carrying out a business transaction and the correctness of its execution;
• personal signatures of these persons.

The head of the organization must approve the form of the waybill by order. In addition, the independently developed form of the waybill must necessarily contain information about the vehicle’s destination. Such data allows us to judge whether the car is used by employees of the organization for official purposes.

If an organization uses an independently developed waybill form, the form must be provided in the accounting policy.

An organization that uses a unified form must draw up a waybill daily. Therefore, organizations usually develop their travel form so that it can be issued for several days, a week, or a month at once. The own form of the waybill must be drawn up in such a way and with such regularity that one can judge the validity of the expense made (letter of the Ministry of Finance of Russia dated February 3, 2006 No. 03-03-04/2/23). The main thing is that it allows you to organize the accounting of time worked and fuel consumption.

it is important

A unified form of waybill is issued only for one day or shift. For a period of more than one day, a unified form is issued in case of a driver’s business trip. Therefore, in order to increase the validity period of the waybill, an organization can develop its own form and consolidate it in its accounting policies.