Stricter requirements for commercial transportation from December 21, 2018 onwards

By Elena Rybnikova, Head of Internal Audit, Expertise and Methodology Department

New amendments to the law on road safety will enter into force on December 21, 2018 so from that date onwards employers will be required to take additional safety measures upon commercial transportation of passengers and/or cargo. These amendments will also introduce some changes to related HR recordkeeping.


Elena Rybnikova
Head of Internal Audit, Expertise and Methodology Department

New requirements for employers

Article 20 of the law on road safety has been revised to provide that organizations and individual entrepreneurs operating vehicles will be required from December 21, 2018 onwards to:

  • Promote further training for drivers and ensure that employees meet professional and qualification requirements;
  • Designate a person responsible for road safety (this person must be certified to fulfill this role);
  • Conduct pre-trip/pre-shift control of vehicle technical conditions and follow technical operation rules.

In addition to the newly-introduced obligations, the requirements previously imposed on legal entities will remain in place. All organizations and individual entrepreneurs engaged in commercial transportation (transportation of passengers or cargo) must ensure that their drivers have passed a medical examination and are first aid trained. It should be noted that these requirements also apply to legal entities that own vehicles used for internal purposes.

HR recordkeeping

As a result of the introduction of these changes, organizations will need to draw up relevant HR documents, in particular:

  • Order designating a person responsible for road safety;
  • Regulations on medical examinations and pre-/post-trip inspections, including orders for performance of such activities;
  • Order for vehicle technical inspection;
  • Apprenticeship contract or training referral.

No approved forms have been developed for the above documents so legal entities are entitled to issue these documents in any format they choose. Please feel free to contact us if you need any assistance with these documents.

Article 213 of the Russian Labor Code requires legal entities to assign a driver to their vehicles and ensure that drivers undergo a preliminary medical examination upon hiring and periodic ones thereafter (every year for employees under the age of 21).

Penalties

Drivers undergo medical examinations at the expense of their employer. Fines are imposed for failure to conduct medical examinations or for improper medical examinations, and Article 11.32 of the Russian Code of Administrative Offenses provides for the following fines in such cases:

A fine from RUB 1,000 to RUB 1,500 for individuals;
A fine from RUB 2,000 to RUB 3,000 for company officers;
A fine from RUB 30,000 to RUB 50,000 for legal entities (individual entrepreneur).