Instructions for using official transport. Regulations on the use of official vehicles by employees for official purposes. Employees of Uncle Lenya LLC for official purposes

07.04.2022

Quite common in the territory of the Russian Federation is the practice, according to which employers provide the opportunity to use a company car for personal purposes by their employees. At the same time, the legal regulation of this issue is a rather complicated aspect from the point of view of registration of the organization's use of transport. Thus, improper registration of the use of a company car for personal purposes, including on weekends or non-working hours, may result in the employee or employer being held liable.

Laws and regulations governing private use of a company vehicle

From the point of view of Russian legislation, the issue of granting employees the right to use vehicles on the balance sheet of an enterprise is practically not considered at all. However, in many cases, especially with long-term work, long experience and a certain level of trust on the part of the employer, it is assumed that the employee can use the company car for personal purposes, but in this situation, many employers have a logical question related to how to formalize this procedure.

Exact recommendations in this case are not provided by the legislation, in contrast to the use of a personal car for business purposes, for which there are a sufficient number of different working mechanisms with transparent legislative regulation. Therefore, employers are now resorting to several separate methods for providing working transport to employees, which include:

Oral agreements. The use of official vehicles in order to calculate the expenses of the enterprise in matters of taxation requires regular registration of waybills and taking odometer readings to establish the actual mileage during work. At the same time, employees are allowed to drive a car outside of working hours, provided that they will fill up the transport and in fact do not increase the costs of the enterprise in any way by returning the car in the same condition. Rewinding the odometer can also be practiced, if it can be implemented, however, the indicated actions have even less legal basis. However, these discrepancies can subsequently result in both the employee and the employer being held liable for a number of different reasons, and if an accident occurs with a car, then serious problems can also arise for both the employee and the employer.
Registration of an order on granting the right to use the car for personal purposes. In this case, the procedure for the use of enterprise transport by its drivers should provide for the existence of a certain internal regulatory framework in the form of local acts and internal regulations that directly regulate the issues under consideration. At the same time, it is necessary that the employer pay attention to a number of additional conditions and aspects of such provision of transport to the employee, without which one of the parties to the relationship may also be held liable.
Execution of a lease agreement with an employee. This method is the simplest in terms of registration of legal relations, in addition, in some cases it also allows you to implement other schemes for using a car between the enterprise and the employee himself, which will reduce bureaucratic costs. However, there are many nuances in this matter that must be taken into account, and the execution of a lease agreement itself must be taken into account in the income of the enterprise, which can also be a negative aspect in terms of taxation.
Issuance of a power of attorney for an employee. This method is one of the simplest in terms of ensuring the right to manage the transport of an enterprise and use it for personal purposes. However, in this case, the employer must be confident in his employee, since it will be almost impossible to hold him accountable in the event of a traffic accident, damage or damage to property, or simply an overrun of fuel and lubricants of the enterprise.

Registration of a company car rental for an employee

The conclusion of a lease agreement with an employee is regulated on the basis of the provisions and regulations of the Civil Code, which provides for the possibility of renting vehicles using its own separate regulations. The lease agreement in this case may provide for the obligation of the tenant to provide the car to the lessor at certain periods - for example, during the working day and not use it at that time. At the same time, this way of using a company car for personal purposes requires the employer, as a legal entity or an entrepreneur transferring his property for rent, to take into account the income from this lease.

This fact also requires that the entrepreneur has the right to provide vehicles for rent, regardless of whether it is provided to an employee or not. Accordingly, in some cases, the absence of these rights may become, if not the reason for bringing the entrepreneur to responsibility, then at least increased attention from the regulatory authorities. In general, this method has both its advantages and disadvantages, and its features include:

A full range of guarantees from the employee about the safety of the car and his personal responsibility for its maintenance.
The need to pay additional taxes on rental income.
The best legal basis in comparison with any other methods, ensuring the use of a company car for personal purposes.

Use of the organization's car for personal purposes on the basis of an order and internal acts

The employer, by order or other instructions, may allow employees to use the company's vehicles for their own personal purposes. However, such a design requires taking into account many individual nuances. First of all, no matter how the transfer to the transport worker is formalized in this case, from the point of view of the law, such actions will be the transfer of the car for free use. This means that they can also be considered as the receipt by the employee of income in kind.

In order to avoid suspicions and claims from the tax service and other supervisory and regulatory authorities, it is recommended to conclude a full-fledged agreement with the employee for the free use of transport, taking into account the duties of the employee himself. The same duties should be duplicated in the provisions of local regulations or orders of the enterprise.

If an employee pays for expenses, for example, the depreciation of a car and fuel, then in this case the use of transport can hardly be considered an income in kind. The main features of this design method include:

Reducing the cost of each of the parties.
Lack of strict legal regulation.
The presence of risks of prosecution due to the imperfection of the legal framework.
Using a company car for personal purposes by proxy

The presence of a power of attorney at the current moment is not necessary to drive a vehicle - a sufficient confirmation of the right to drive it is an OSAGO policy. However, if the vehicle belongs to the enterprise, it has the right to issue powers of attorney for the use of its own property, including the management of vehicles on the balance sheet of the organization.

At the same time, legal conflicts may arise in this case, since, according to some representatives of the traffic police, a waybill is in any case mandatory for employees of the enterprise, however, in order to bring charges in its absence, they still need to prove that the employee is moving in the performance of work duties and not on personal matters.

Thus, a power of attorney is a fairly convenient way to use a company car on weekends or at any other time. However, the enterprise actually requires a high level of trust in the employee, since the owner of the car cannot demand from the employee either maintenance of the vehicle, or compensation for gasoline expenses or depreciation.

Nevertheless, this option will be optimal if the car is used by the director of the enterprise for personal purposes or by one of its founders - for example, if the vehicle was originally owned by this person and was transferred to the balance of the enterprise. In general, the features of such a mechanism for using official vehicles for individual purposes can be as follows:

High risks for the organization, since the person who actually drives the car is not responsible for its safety.
A fairly simple legal regulation without any additional nuances and subtleties.
The ability to use the car at any time for personal purposes.

Driving a company car for personal purposes without registration and responsibility for it

From the point of view of legislation, a waybill must be issued for transport that moves at the initiative of a business entity, which must also contain a note on the medical examination of the driver. At the same time, situations when employees use this transport outside of working hours are not considered by Russian laws in principle. Responsibility for driving without a medical examination or a waybill is quite serious and may include up to 100 thousand rubles a fine imposed on a legal entity and up to 500 rubles a fine on a driver.

An important fact is that a waybill can be issued not only for one day, so a fairly common mechanism for using a company car for personal purposes is the regular issuance of a waybill for a long period - for example, for a week or a month. In this case, there will be no grounds for holding the employer or employee liable.

In general, the lack of registration can threaten both the employee and the employer, and its features include:

The absence of any bureaucratic obstacles and the need for paperwork.
The minimum level of legal protection for the employer and employee.
High risks of prosecution in the absence of the necessary documents.

Depending on the specifics of the organization's activities, any company can have a certain amount of transport in its regular fleet. To drive commercial vehicles, professional drivers are hired, the methodology for receiving and obtaining the right to drive which is regulated by specific documents.

From the article below you will learn:

how the use of a company car is formalized and who is appointed as a responsible person;
how is the order for the use of a company car processed;
Is there any penalty for using a company car for personal purposes?

Use of a company car

If an employee is given a car listed in the company's accounts as an assignment, then the responsible employee is fully responsible for such transport. On the other hand, the head of the organization is obliged to allocate funds to ensure the unhindered performance of the direct duties of a full-time driver, since the subordinate is not required to spend personal wages on the needs of the company. These responsibilities are reflected in the need to:

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provide financial resources for the purchase of combustible fuel;
arrange regular technical inspections, paying for the services of a service station;
purchase consumables and spare parts if, due to a malfunction of the mechanisms, the driver cannot take the car out of the parking lot;
pay for parking if the organization does not have its own parking space for official vehicles.

Of course, any employer is interested in ensuring the functioning of the company at the lowest cost, and if a person has his own personal transport, then the boss will be able to save significant funds due to the lack of the need to purchase a car for commercial purposes. But in such cases, the director of the organization is obliged to draw up an agreement with the driver who has personal transport, according to which he undertakes to pay compensation in the event of a breakdown and failure of the car when performing assignments.

Accounting reports record each trip of a regular car, while taking into account fuel consumption and wear and tear of spare parts. The management will be immediately aware if the driver, who is obliged to use the machine only for work purposes, ignores the prohibition and decides to violate the rules of the work schedule. Find out this fact by fuel consumption, but the worst thing would be if the car gets into an accident. Damage to commercial property is subject to administrative liability in the form of fines and instant dismissal from the position.

1. Regulation "On the use of official and personal vehicles by Len's employees" for official purposes" - a local regulatory act, which is approved by the Company.

The regulation is being developed in order to regulate the use of motor vehicles.

The Regulation defines the rights, obligations of the Company, the Company's employees, as well as the procedure for the provision, use and operation of motor vehicles by the Company's employees.

It must be borne in mind that the driver of a company car is not included in the List of Works and Categories

employees with whom agreements on full liability can be concluded (the List is approved by the Decree of the Ministry of Labor of the Russian Federation of 01.01.01 No. 85). The driver is obliged to reimburse the damage caused to the organization in the event of damage to the car in full only if the conditions provided for in Article 243 of the Labor Code of the Russian Federation are met, namely:

When, in accordance with the Code or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee;

Intentional damage;

Causing damage in a state of alcoholic, narcotic or toxic intoxication;

causing damage as a result of the employee's criminal actions established by a court verdict;

Causing damage as a result of an administrative offense, if such is established by the relevant state body;

Disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws;

Causing damage not in the performance of work duties by the employee.

Therefore, the individual liability agreement, which is recommended in the Regulation to be concluded with the driver, is not so much legal as disciplinary in nature.

"FISH" №28 Regulations "On the use of official and personal vehicles by Len's employees" for official purposes

APPROVED by order of the General Director

POSITION

ON THE USE OF OFFICIAL AND PERSONAL VEHICLES

WORKERS OF LEN'A FOR OFFICIAL PURPOSES

Article 1. GENERAL PROVISIONS

1. This Regulation on the use of official and personal vehicles by employees of Uncle Lyonya Limited Liability Company (hereinafter referred to as the Company) for official purposes has been developed for the effective use of vehicles (hereinafter referred to as a car). The Regulation defines the rights and obligations of the Company and the Company's employees, as well as the procedure for the provision, use and operation by the Company's employees of vehicles owned by both the Company and the Company's employees.

2. The car provided to the employee of the Company, as well as used by the employee of the Company under the control of the driver of the Company (hereinafter also referred to as the official car) is the property of the Company.

3. A company car is provided to employees of the Company who are registered for work in the Company under an employment contract and occupy positions, the performance of duties for which is associated with frequent business trips.

4. Employees of the Company, who are not provided with a company car, have the right, in agreement with the head of their division, to use a personal car for official purposes.

Article 2

1. The general condition for allowing an employee of the Company to drive a company car is that the employee has:

Driving license of the category corresponding to the type of car;

Driving experience of at least one year;

Valid medical certificate of the established form.

2. The admission of employees of the Company to drive a company car is issued by order of the General Director of the Company (see Appendix).

3. Before preparing an order of the General Director of the Company, allowing a specific employee to drive a company car, the employee must submit to the Company's personnel department a package of documents specified in clause 1. of this article.

Copies of the documents provided by the employee are stored in the personnel hotel of the Company.

4. After the issuance of an order allowing employees of the Company to drive a company car, an agreement is concluded with each employee mentioned in the order on his individual liability (see Appendix), and a power of attorney is issued for each such employee for the right to drive the company's car.

5. During the period of operation of the Company's vehicle, the employee must be issued a Waybill. The waybill form is approved by the order of the General Director (see Appendix). The waybill is drawn up in the accounting department of the Company, indicating specific travel routes. The main travel routes are approved by order of the General Director.

6. The Company has the right at any time to change and supplement the conditions for allowing an employee of the Company to drive a company car.

Article 3

1. Employees admitted by the General Director's prize to operate the Company's car are required to:

Know and comply with the requirements of this Regulation, the job description of the driver of the Company (see Appendix); instructions on labor protection for employees involved in the operation of cars (see Appendix);

Strictly follow the rules of the road, including the speed limit;

Use the provided car only for its direct production purpose;

Comply with the Rules and norms of the technical operation of the car established by the car manufacturer;

Do not leave the car unattended;

It is mandatory to put the car on the alarm in any case of exit from the passenger compartment;

Monitor the technical condition of the vehicle, perform independently the necessary work to ensure its safe operation;

Timely undergo maintenance at the service center and technical inspection;

Do not operate the car in a faulty condition, identify any malfunctions in the operation of the car, stop its operation with the simultaneous notification of the head of his subdivision of the Company;

Do not start driving in cases where, for health reasons, the employee would not be allowed to drive a car by a medical specialist;

Timely apply to the accounting department of the Company in order to obtain the Waybill;

Timely update and promptly inform the Company's personnel department about changes in their personal driver's documents: driver's license and medical certificate;

Accompanying goods to their destination, ensure the necessary storage regime and their safety during transportation;

Do not use alcohol, psychotropic, sleeping pills, antidepressants and other drugs that reduce the attention, reaction and performance of the human body before and during work;

2. If the car provided to the employee does not start, has lost the ability to move under its own power, or its movement may lead to further breakdowns and damage, the employee of the Company has the right to use the services of the evacuation service. Upon the arrival of the tow truck, the employee of the Company is obliged to accompany the transported car to the place of repair.

3. An employee of the Company is obliged to strictly comply with the procedure established by the Company for the preparation of reporting documents and the provision of documents on the use, management and operation of the car, approved by the Company.

4. An employee of the Company operating a car is liable under the current legislation, these Regulations and other internal documents in force in the Company.

5. For the safety of driving, using and operating the car, it is strictly prohibited:

Carry out transportation of passengers who are not employees or guests of the Company;

Carry out the transportation of goods that do not belong to the Company;

Obtain a standard form certificate of a traffic accident from the traffic police.

Article 7

1. The employee responsible for the operation of the car is obliged to compensate the Company at his own expense for the damage resulting from:

Intentional harm to a car, other vehicle or third parties;

Theft (theft) of a car along with documents for it (in this case, insurance compensation is not paid);

Driving under the influence of alcohol (narcotic, toxic);

Driving a car by a person who does not have a Waybill and / or a power of attorney for the right to drive a car;

Using a car that has not passed a technical inspection;

Transportation of explosive and flammable objects and materials;

Use of the vehicle for non-official purposes;

Failure to present the damaged car to an expert of the insurance organization to assess the cost of damage before handing over the car for repair;

Violation by the employee in the event of an insured event of the procedure established by regulatory documents of general purpose, these Regulations and other internal documents in force in the Company.

2. The employee who drove the Company's car and is guilty of causing damage to the Company is obliged to pay the difference between the actual amount of damage and the amount of insurance compensation from personal funds.

APPENDIX №1

AGREEMENT No. ____

on individual liability

Moscow "___" _____ 2010

Limited Liability Company "Uncle Leon", hereinafter referred to as "Employer", acting on the basis of the Charter, on the one hand,

_______________________________________ __________________________________ ,

(position) (surname, name, patronymic)

hereinafter referred to as "Employee", on the other hand, have concluded this Agreement as follows:

1. In accordance with Order No. _____ of "___" ______ 2010, the Employer transfers to the Employee for the performance of his labor duties under an employment contract No. _____ of "___" ______ 2010 the following property belonging to the Employer:

a) vehicle (car):

b) vehicle (car):

model _______________________________________

reg. badge _______________ series _____, issued by __________________________________;

engine number ____________________________ ;

chassis number ________________________________ ;

body color _________________________________

2. The property is transferred to the Employee from the date of signing this agreement for the entire period of work in Lenya in a technically sound condition, with no visible damage.

3. In order to effectively use the property of the Employer transferred to him and prevent damage to this property, the Employee assumes the following obligations:

a) take care of the property of the Employer transferred to him for the implementation of the functions (duties) assigned to him and take measures to prevent damage;

b) promptly inform the Employer or immediate supervisor of all circumstances that threaten the safety of the property entrusted to him;

III. FUNCTIONS

The following functions are assigned to the driver:

14. Ensuring the timely execution of instructions from the Company's management.

15. Monitoring the technical condition of the car.

16. Timely detection and elimination of technical malfunctions in the operation of the vehicle.

IV. JOB DUTIES

The driver must:

17. Ensure that the vehicle is in good technical condition and that the vehicle is driven professionally to ensure the safety of passengers.

Do not use sound signals and sudden overtaking of vehicles in front unless absolutely necessary. The driver is obliged and able to foresee any traffic situation; choose the speed of movement and distance, excluding the occurrence of an emergency.

18. Do not leave the car unattended out of sight for any minimum period that gives a chance of theft of the car or theft of any things from the passenger compartment. Park your car only in guarded parking lots.

19. It is mandatory to put the car on the alarm in any case of leaving the passenger compartment. While driving and parking, all vehicle doors must be locked. When leaving the car (landing), you must make sure that there is no potential danger.

20. Monitor the technical condition of the car, perform independently the necessary work to ensure its safe operation (according to the operating instructions), timely undergo maintenance at the service center and technical inspection.

6. Strictly comply with all orders of the leaders of the Society. Ensure timely vehicle delivery.

22. Accompany goods to their destination, ensure the necessary storage regime and their safety during transportation.

23. Hand over the delivered cargo at the destination, draw up acceptance documentation.

24. If necessary, participate in the preparation of acts for shortages, damage and other documents.

25. Communicate truthful information about your health to your immediate supervisor.

26. Do not use alcohol before and during work, psychotropic, sleeping pills, antidepressants and other drugs that reduce the attention, reaction and performance of the human body.

27. Categorically prevent cases of non-official use of the car: the transportation of any passengers or cargo at one's own discretion, as well as any kind of use of the car for personal purposes without the permission of the management. Always be at the workplace in the car or in close proximity to it.

28. Maintain daily waybills, noting routes, kilometers traveled, fuel consumption. Established drivers also note the amount of time worked.

29. Pay close attention to the surrounding road conditions. Remember the numbers and signs of cars in case of their long following "on the tail" of the car of the Company. Report to the immediate supervisor all your suspicions regarding security issues, make suggestions for improving it.

30. Avoid cases of engaging in extraneous matters during working hours. Show a creative approach to their immediate duties, try to be useful to the Company in the current business activities. Show reasonable constructive initiative.

V. RIGHTS

The driver has the right:

31. Make suggestions to the management aimed at improving the safety and trouble-free operation of the car, as well as on any other issues related to the implementation of this instruction.

32. Require passengers to comply with the rules of conduct, cleanliness, wear a seat belt.

VI. RESPONSIBILITY

The driver is responsible:

33. For failure to perform (improper performance) of their official duties provided for by this job description, to the extent determined by the current labor legislation of the Russian Federation.

34. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation.

35. For causing material damage - within the limits determined by the current labor, criminal and civil legislation.

VII. WORKING CONDITIONS

36. The driver's work schedule is determined in accordance with the Internal Labor Regulations established by the Company.

37. Due to production needs, the driver may be sent on business trips (including local ones).

VIII. FIELD OF ACTIVITY

38. The exclusive scope of the driver's activity is to ensure the safe and uninterrupted operation of the car in the interests of the Company, the safety of the car and the goods transported.

Acquainted with the instruction: _____________________ / _________________ /

(signature)

"___" ______________ 2010

APPENDIX №3

APPROVED by order of the General Director

Lenya" No. _____ dated "___" _____ 2010

INSTRUCTIONS

on labor protection of workers engaged in the operation

cars

I.General provisions

1. This instruction has been developed for employees of Uncle Lyonya Limited Liability Company (hereinafter referred to as the Company), whose work is related to the operation of cars (hereinafter referred to as drivers).

1.1. The term "driver" in this manual means:

The direct full-time driver of the Company or another employee who operates for official purposes on a permanent or temporary basis a car owned by the Company, or a car at the disposal of the Company;

An employee of the Company who operates a personal car for official purposes.

II.The employer's obligation to provide

safe conditions and labor protection

1. Responsibilities for ensuring safe conditions and labor protection are assigned to the employer.

2. The employer is obliged to ensure:

a) the safety of workers in the implementation of technological processes, as well as the tools and materials used in production;

b) the regime of work and rest of employees in accordance with labor legislation and other regulatory legal acts containing labor law norms;

c) training in safe methods and techniques for performing work and providing first aid to victims at work, conducting labor protection briefings, on-the-job training and testing knowledge of labor protection requirements;

d) exclusion from work of persons who have not undergone training and instruction in labor protection, internship and testing of knowledge of labor protection requirements in accordance with the established procedure;

1. Persons who have passed:

§ induction training;

§ fire safety briefing;

§ initial briefing at the workplace;

§ Instructing on electrical safety at the workplace.

2. To perform the duties of a car driver, persons who have a certificate for the right to drive this category of transport, who do not have medical contraindications for this profession, who have reached the age of 18, are allowed.

3. The driver must pass:

§ repeated briefing on labor safety at the workplace at least every three months;

§ unscheduled briefing: when changing the technological process or labor protection rules, replacing or upgrading a car, fixtures and tools, changing working conditions and organization, in case of violations of labor protection instructions, breaks in work for more than 60 calendar days (for work, which are subject to increased security requirements - 30 calendar days);

§ dispensary medical examination - according to the order of the Ministry of Health of the Russian Federation No. 90 dated 14. year.

4. The driver is obliged:

§ comply with the internal labor regulations established at the enterprise;

§ comply with the requirements of this manual, instructions on fire safety measures, instructions on electrical safety;

§ comply with the requirements for the operation of the car;

§ use for its intended purpose and take care of the issued personal protective equipment.

5. After being hired, the driver is obliged to accept the vehicle according to the act and perform only the work that is entrusted by the administration.

6. The driver must:

§ be able to provide first (pre-medical) assistance to the victim in an accident;

§ to have on the car a first-aid kit for first aid, primary fire extinguishing equipment;

§ perform only assigned work and not transfer it to others without the permission of the administration;

§ during work, be attentive, not be distracted and not distract others, do not allow persons who are not related to work to the workplace;

7. The driver must know and follow the rules of personal hygiene. Eat, smoke, rest only in specially designated areas and places. Drink water only from specially designed installations.

8. If a malfunction of the vehicle, devices, tools and other shortcomings or hazards in the workplace is detected, immediately stop the vehicle. Only after eliminating the noticed shortcomings, continue working on the car.

9. If a fire is detected or in the event of a fire:

§ stop the car, turn off the ignition, turn off the taps of the gas pipeline and fuel and lubricants;

§ start extinguishing the fire with the available primary fire extinguishing equipment in accordance with the fire safety instructions. In case of a threat to life - leave the premises.

10. In case of an accident, provide the victim with first (pre-medical) aid, immediately report the incident to the manager, take measures to preserve the situation of the incident (accident), if this does not create a danger to others.

v.Safety requirements before starting work

1. By external inspection, make sure that the car is in full working order and check:

§ the technical condition of the vehicle, paying special attention to the serviceability of the tires, brake system, steering, lighting and signaling devices, windshield wipers, the correct installation of the rear-view mirror, the cleanliness and visibility of license plates and their duplicate inscriptions, as well as the absence of fuel, oil and water.

§ air pressure in tires in accordance with the norms;

§ availability of serviceable tools and devices;

§ refueling the car with fuel, oil, water, brake fluid and electrolyte level in the battery.

2. Start a cold engine using the start handle with the gear lever in neutral position. It is not allowed to grasp the handle or use any levers acting on it.

3. After starting or warming up the engine, it is necessary to check on the go the operation of the steering and brakes, the operation of the STOP signal, turns, lighting, and also the sound signal.

4. In case of detection of malfunctions, do not leave until they are completely eliminated and inform the administration of the motor transport department about this.

6. When operating a car on leaded gasoline, observe the following rules:

§ operations for acceptance, refueling of the car and pumping of leaded gasoline to be carried out mechanized, being on the windward side of the car;

§ purge the fuel system with a pump;

§ if leaded gasoline gets on your hands, wash them with kerosene, and then with warm water and soap;

§ In case of contact with leaded gasoline in the eyes, immediately seek medical attention.

7. Open the radiator cap after the engine has cooled down, protect your hands and face from burns.

VI.Safety requirements during work

1. Before starting to move from the place of stop (parking) or leaving the garage, make sure that it is safe for workers and other unauthorized persons and give a warning signal.

2. Be attentive and careful when reversing. In case of insufficient visibility or visibility, you should take the help of another person.

3. Select the speed of movement taking into account road conditions, visibility and visibility, the intensity and nature of the movement of vehicles and pedestrians, the characteristics and condition of the car and the cargo being transported.

4. Follow traffic safety requirements and instructions of traffic controllers in accordance with the "Rules of the Road".

5. It is allowed to leave the car only after taking measures that exclude the possibility of its movement during the absence of the driver.

6. When repairing a car on the line, take precautions: pull over to the side of the road, turn on the rear light in case of poor visibility, stop the car using the parking brake system, turn on first gear, put stops under the wheels. When working on the side of the road, stay under the vehicle on the opposite side of the roadway.

7. The driver is not allowed:

§ drive a car while intoxicated or under the influence of drugs;

2. An employee for violating the requirements of this Instruction is subject to disciplinary action and an extraordinary examination of knowledge, and may also be prevented from work by the Employer or manager, and is also liable in accordance with applicable law.

APPENDIX №4

In order to systematize the use of vehicles (hereinafter referred to as the car) owned by Lenya, to increase the efficiency of the performance of labor duties assigned to employees of the organization, to more quickly resolve production issues, and to improve the quality of customer service

I ORDER:

1. Grant the right to drive a car owned by the organization to the following named employees:

- ___________________________________ (position, full name)

2. Conclude with each of the employees named in paragraph 1. of this order, an agreement on individual liability.

3. Issue for each of the employees named in clause 1. of this order, a power of attorney to drive a car.

4. I entrust control over the execution of the order to the head of the personnel department.

CEO

APPENDIX №5

Guided by the Order of the Ministry of Transport of the Russian Federation dated 01.01.01 No. 000 "On the approval of mandatory details and the procedure for filling out waybills"

I ORDER:

1. As a primary document, use the waybill of a passenger car f. No. 3, No. 000.

2. Fill out waybills once a month.

3. When filling out waybills, use the appendix to the order "Main routes for vehicles."

CEO

An order to assign a vehicle to a driver is usually formed at enterprises that have several cars on their balance sheet - in large companies with many structural divisions or specialized carrier organizations. The order refers to the administrative documentation of the enterprise and is drawn up in a certain order.

FILES

What is the document for?

As you know, the car belongs to the means of increased danger, therefore, during its operation and maintenance, certain standards must be observed.

In organizations with a large fleet of vehicles, there is only one way to accomplish this task: by assigning a car to a single employee (or in some cases, a group of people, for example, a driver, technician and engineer).

At the same time, it is important not to forget that if more than four employees (drivers) cannot be assigned to one car, then one driver cannot be responsible for more than three cars.

Fixing occurs with the help of an order, which can be drawn up both in relation to passenger vehicles, and trucks and special equipment.

If during the operation the car receives any damage or turns out to be faulty, material damage can be recovered from the responsible employee to whom it is assigned.

Who is responsible for issuing the order?

The formation of an order can be entrusted to any employee of the enterprise who knows the rules for creating administrative documents, as well as is familiar with the legislation of the Russian Federation (civil and labor). Most often, this function is performed by the head of the structural unit, legal adviser, secretary or specialist in the personnel department.

Regardless of who fulfills this obligation, after the final drafting of the order, it must be handed over to the director for certification - without his autograph, the document will not become valid.

How to explain document creation

The order is always based on two pillars - justification and foundation. They must be spelled out in each such order.

The rationale is the real reason for creating the document, which is indicated after the words "In connection with ...". The basis is a direct reference to any specific internal document of the enterprise (official or memorandum, normative act) or article and paragraph of the law (given in the form of a number and date of issue).

Features of the design of the form

If you are entrusted with drawing up an order to assign a vehicle to a driver, we recommend that you carefully read the recommendations below and look at its sample.

To begin with - general information that applies to all orders. To date, orders do not have a single design standard, so they can be done in any form or, if the organization has a developed document template, according to its type. For orders, both ordinary sheets of any convenient format (but the generally accepted A4), and letterheads of the company are suitable.

You can write the text of the document by hand or type it on a computer (in the first case, you should pay attention to the fact that there are no errors or corrections in the form).

When drawing up an order, it is invariably required to take into account only one important criterion - it must be certified by the original signature of the director of the enterprise (this is due to the fact that all orders are always written on his behalf) or an employee who is allowed to act on behalf of the head in the prescribed manner, as well as all the employees listed there.

It is not necessary to certify the order form with a seal, because there is a need for this only if the norm for stamping the organization's local papers with the help of various kinds of clichés is enshrined in its accounting policy.

The order is always formed in one original copy, and if it needs to be reproduced, copies certified by the responsible officer are made. Information about the document is entered in the register of administrative documents of the company.

Sample document

When drafting the text of the order, keep in mind that its structure and content must comply with certain rules of business documentation.

In the header of the document, you must specify:

Company name;
the name and number of the document - with a short designation of the essence;
place (settlement) and date of its compilation;
justification for creating the order (here you can refer to the need to ensure the proper operation of the vehicle);

brand (model) and state number of the vehicle;
the position and full name of the employee to whom it is assigned;
the person to whom this function will be transferred in the absence of a colleague responsible for the car at the workplace;
the person responsible for the execution of the order;
all attachments to the document (among them there must be an inspection certificate of the technical condition of the car).

If necessary, the text can be supplemented with other information - based on the circumstances.

How long and how to store an order

After the final formation of the order and familiarization with it of all the employees of the enterprise mentioned in it, as well as those whom it directly concerns, the form should be enclosed in a separate folder where other administrative acts of the company are located. Here it should be the entire period of validity, which can be indicated in the document itself or automatically equated to one year.

Then this order can be sent to the archive of the organization and, after the expiration of the storage period, disposed of in accordance with the procedure established by law.