Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of September 22, 2022 No. 516

About measures for equipment of vehicles control device (tachograph) of registration of work-rest schedule of drivers
(Extraction)

According to the Law of the Kyrgyz Republic "About accession of the Kyrgyz Republic to the European agreement concerning work of crews of the vehicles making the international motor transportations (ESTR) of July 1, 1970, the city of Geneva" and article 7 of the Law of the Kyrgyz Republic "About road transport", being guided by articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic", the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve the Procedure for equipment of vehicles by control devices (tachographs) of registration of work-rest schedule of drivers according to appendix.

2. Bring in the order of the Government of the Kyrgyz Republic "About approval of the Instruction for implementation of the state control of compliance with law of the Kyrgyz Republic in the field of road transport" of December 23, 2014 No. 724 the following changes:

in the Instruction for implementation of the state control of compliance with law of the Kyrgyz Republic in the field of road transport approved by the above-stated resolution:

- Item 6 after words of "service of the diagnostic centers" to add with words ", services of the service centers (workshops) when implementing activities for installation, servicing, repair, production and issue of electronic cards of electronic (digital) tachographs).";

- in the subitem 11 of Item 14 of the word "on installation of electronic (digital) tachographs" shall be replaced with words "on installation, servicing and repair, production and issue of electronic cards to electronic (digital) tachographs";

- in Item 21:

state subitem 1 in the following edition:

"1) to draw up statements of violations of the law of the Kyrgyz Republic in the field of road transport, protocols on offenses, to perform production on cases on offenses according to the Code of the Kyrgyz Republic about offenses and to take measures for prevention of such violations;";

add with subitems 7-14 of the following content:

"7) to require from the transport driver of presentation for survey of takhodisk (takhoshayba) of the analog tachograph for all days of the current week and for the last week;

8) to require from the transport driver of presentation of raspechatok from electronic (digital) tachographs;

9) to make visual survey of the tachograph;

10) independently to receive printouts from electronic (digital) tachographs, using the personal card of the controller;

11) to look through data on the display of the electronic (digital) tachograph;

12) to require from the transport driver of presentation of the card of the driver for the electronic (digital) tachograph;

13) to make data read-out from the card of the driver for the electronic (digital) tachograph;

14) to make data read-out from memory of the electronic (digital) tachograph.";

- add Chapter 7 with Items 37-1 - 37-10 following contents:

"37-1. The body of transport control will organize checks regarding observance of work-rest schedule of drivers:

- within each calendar year of at least 3% of the days worked drivers;

- at least 30% of total quantity of the checked working days shall be checked on roads and at least 50% in premises of transport enterprises and carriers".

37-2. Elements of roadside checks include:

- tachograph availability, its operational functioning, filling of tachograms or maintaining in the established cases drivers of registration leaves of work-rest schedule and observance of work-rest schedule by them with putting down of marks about control passing;

- availability and conducting records about work-rest schedule of drivers in the established cases in registration leaves for the present day and for the last 28 calendar days during which the driver managed the vehicle;

- the daily and weekly duration of management and daily and weekly duration of breaks and rest according to the European agreement, concerning work of crews of the vehicles making the international motor transportations (ESTR) of July 1, 1970, the city of Geneva (further - the Agreement of ESTR).

Roadside checks are performed without differentiation of vehicles, the companies and drivers on residents and nonresidents and irrespective of the place of origin or purpose of run or like the tachograph.

37-3. Elements of checks in premises of transport enterprises and carriers in addition to the elements checked on roads shall include:

- duration of weekly rest periods and the periods of management of transport drivers between these rest periods;

- observance of restriction of duration of control of vehicles in two weeks;

- provision of compensation for reducing duration of weekly rest periods based on Item 6 of article 8 of the Agreement of ESTR;

- use by transport drivers of registration leaves and/or data from commercial road transport card of the driver and printouts and/or leaves of the organization of on-duty time of drivers.

37-4. The driver's card for the electronic (digital) tachograph is property of the driver which nobody has the right to withdraw.

37-5. Upon the demand of the driver the service employee shall give mark about conducting check in takhodiska (takhoshayba) or in printout of the electronic (digital) tachograph. The mark can also be made from the reverse side of takhodisk (takhoshayba) and the electronic (digital) tachograph or in the respective field in the bottom of takhodisk (takhoshayba) and the electronic (digital) tachograph. It is enough to service employee to put text: "Control. Date. Time. F.I.O'S position. Signature". At the same time the seal is not set.

37-6. In case of violation identification the service employee applies the corresponding printout of the electronic (digital) tachograph to case papers, having signed it at the driver.

37-7. Printouts of electronic (digital) tachographs are evidential base of violation. Printout of the electronic (digital) tachograph is official confirmation of violation and the basis for creation of the protocol according to the Code of the Kyrgyz Republic on offenses.

37-8. In case of identification of violations on takhodiska (takhoshayba) of analog tachographs it is necessary to make copies of them and to assure the signature of the driver.

37-9. In case of refusal the driver from signing of printout of digital tachographs or the copy of takhodisk (takhoshayb) with the revealed violations the service employee attracts witnesses and with their help certifies all relevant documents without participation of the driver.

37-10. In case of receipt of printout of the digital tachograph by means of the card of the controller - the service employee time of control is automatically fixed in memory of the tachograph and will be displayed in all printouts before the following procedure of control.";

- state Item 44 in the following edition:

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.