The information we have collected about the frequency of medical examinations and examinations for different categories of persons who drive vehicles (vehicles) deserves special attention. In addition, other changes to the Code of Administrative Offenses and the Federal Law “On Road Safety” should be touched upon.
These changes came into effect on March 31, 2014. and ignorance of the main points does not relieve one from responsibility for failure to comply with new requirements. Let's look at the main ones in order.
Types of medical examinations and examinations of drivers
Let's consider a quote from the Road Safety Law No. 196-FZ, Chapter IV, Article 23, Clause 1:
From the quote it is clear that there are the following types of medical examinations and examinations for vehicle drivers:
- An examination that is mandatory for people obtaining a license for the first time.
- An examination that is mandatory when replacing a driver’s license (driver’s license).
- An examination that is mandatory when returning the driver's license after deprivation (if it is provided for by the Code of Administrative Offenses).
- An extraordinary examination, which is mandatory if a periodic medical examination (clause 6) reveals a significant deterioration in the driver’s health.
- Mandatory preliminary medical examination.
- Mandatory medical examination, which is carried out once every 2 years.
- Mandatory pre-trip medical examination.
- Mandatory post-trip medical examination.
It is quite clear that not all of the above types of medical examinations must be undergone by every person in order to drive a vehicle.
Price for pre-trip medical examinations?
If there is a need to conclude an agreement to conduct medical examinations of drivers, then a logical question arises: how much does it cost to conduct pre-trip medical examinations? Most online resources do not answer this question. And why? To be honest, I (chief physician of Aspect S LLC) don’t know myself. Also, I honestly admit: we (organizations providing pre-trip medical examination services) constantly call each other to understand market conditions. I decided to post on the website the relatively fixed cost of pre-trip medical examinations. You can view our prices HERE.
Mandatory medical examinations
Let's consider cases when mandatory medical examinations are required:
The following points deserve special attention:
- From the list above, mandatory medical examinations (items 1-3) are required for all drivers;
- From the list above, mandatory medical examinations (items 5-8) are needed only for those who drive a vehicle as an individual entrepreneur, and also work as drivers of a vehicle. Thus, a driver who uses his car, for example, to travel to nature or to visit relatives, does not have to undergo these types of medical examinations;
- At the time of hiring a person as a driver, he will be required to undergo a preliminary medical examination once;
- If a person works as a driver, then he is required to undergo periodic medical examinations every 2 years;
- If a person works as a driver, then before each trip he is required to undergo a pre-trip medical examination. The exception here is work in operational services, when there may simply not be time to undergo such an inspection;
- If a person works as a driver of a vehicle that transports passengers or transports goods classified as dangerous, then he must undergo a post-trip medical examination.
It should be noted that any type of mandatory medical examination in accordance with paragraph 5 of Article 23 “Road Traffic Safety” is carried out at the expense of employers.
For drivers who work on vehicles, an extraordinary mandatory examination is also intended. It is carried out if, during a mandatory periodic medical examination, a deterioration in a person’s health is noted.
From the information provided above, the following conclusions can be drawn:
- For a driver who uses his car for personal purposes, it is mandatory to undergo a medical examination once every 10 years (before replacing his license with a new one);
- If a person works as a driver, then he needs to undergo a medical examination once every 10 years, and in addition 4 types of medical examinations (with different frequencies).
Do taxi drivers need to sign an agreement for pre-trip medical examinations?
Let's start with the fact that since March 2012, the “hunt” for illegal taxi drivers has intensified significantly. In accordance with Law No. 69-FZ of April 21, 2011 “On Amendments to Legislative Acts of the Russian Federation”, from September 1, 2011, all taxi drivers are required to have a license to carry out passenger transportation. Thus, in order to work legally, you need to register an individual entrepreneur or LLC and obtain a license. And if there is an LLC or individual entrepreneur, and transport transporting passengers (taxi), then in accordance with Law No. 196-FZ of December 10, 1995, there must be an agreement for pre-trip and post-trip and ongoing medical examinations (see answer to question No. 1) .
Where do medical examinations and medical examinations take place?
According to the same law “On Road Safety”, Article 23, paragraph 7:
So, let’s look at each type of examination in order:
- Medical examinations, which are described in paragraphs 1-4, can be carried out in clinics, both public and private. It should be noted that examinations by such specialists as a psychiatrist-narcologist and a psychiatrist should be carried out exclusively in government health care institutions.
- Periodic and preliminary medical examinations, which are described in paragraphs 5-6, can be completed by specialists from private and public institutions.
- Pre- and post-trip medical examinations are carried out by a medical worker (either full-time or contracted) directly in the organization that acts as the employer.
Now the most important changes affecting vehicle drivers are discussed within the framework of this article. And yet we invite you to familiarize yourself with the full text of the updated law “On Road Safety”.
Is it difficult to obtain a license to conduct pre-trip inspections?
Unfortunately, Difficult, Expensive and Troubling! Having become, in addition to your main activity, also a medical organization, prepare to hire not only nurses, but also a chief physician, nurses, as well as inspections by the licensing committee and Rospotrebnadzor (SES). Carefully study the requirements for a medical office: two rooms, one of which must be equipped with a washbasin, medical furniture (with certificates of conformity), lighting, etc. In a word, if you have less than 100 vehicles, it is better to enter into an agreement with a medical organization that will take responsibility for medical examinations, thus saving you from headaches. It will be cheaper.
Is it possible to conduct pre-trip medical examinations at a location other than the one listed on the license?
Supervisory authorities interpret Federal Law 99-FZ of May 4, 2011. “On licensing of certain types of activities” and Decree of the Government of the Russian Federation dated April 16, 2012. “On licensing of medical activities...” is clear - it is IMPOSSIBLE to provide medical services at an address other than that specified in the license!
However, the question arises: “On what basis does the attending physician come to the patient’s home?”
Based on Article 32, clause 3.2 of the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation” (the main “medical” Law of the country), medical care can be provided in the following conditions: - outpatient (in conditions that do not provide for round-the-clock medical observation and treatment), including at home when a medical professional is called; ...
Pre-trip medical examinations relate to primary health care (otherwise not suitable), and in accordance with Article 33, paragraph 6 of the same Law, primary health care is provided in an outpatient setting...
Thus, guided by 323-FZ, it can be assumed that the right to conduct pre-trip medical examinations not at the address indicated in the license of a medical worker is the same as that of a local therapist called to the house. However, it will be extremely difficult to prove this to supervisory authorities. However, as stated in the previous post, all risks, including the compliance of the premises, are assumed by the medical organization, and it (the medical organization) knows what it is doing!
And yet, in order not to attract the attention of various prosecutors’ offices, etc., in the agreement between the medical organization and the Customer of medical services, it is advisable to indicate either exclusively the address of the medical organization conducting pre-trip medical examinations, or, as a second address, you can indicate an alternative address: the address of the Customer. But it’s even better to hide the address for providing services in additional...
Current changes in legislation
Changes in legislation affected primarily:
- composition of the medical commission. It will depend on the category of driver's license;
- endorsement of the final document after completion of the survey. The medical report is prepared by a general practitioner or family doctor;
- examination by a narcologist. The place of medical examination is limited exclusively to the state psychiatric dispensary at the place of permanent or temporary registration of the patient. Here, if indicated, a psychiatrist can test the patient for the presence of psychotropic substances in the body (urinalysis) or chronic alcoholism (CDT blood test);
- forms and filling out a medical certificate (based on the driver’s medical card);
- storage of driver's medical records in the clinic where the examination took place. Now they last for 10 years.
Why is it necessary for drivers to undergo a medical examination?
The Ministry of Health of the Russian Federation, by its Order No. 344n dated June 15, 2015, abolished the old rules for passing a medical examination and established a new procedure according to which regular compulsory medical examination is introduced for all drivers and driver candidates.
The innovations came into effect in March 2021. Some changes will be introduced as of 11/22/19. After passing the medical examination, drivers are issued an official conclusion (a new form of certificate with enhanced protection against forgery). All these measures are aimed at:
- quickly and reliably assess your health status;
- identify the presence or absence of medical contraindications to driving motorcycles and vehicles;
- eliminate opportunities for corruption schemes related to the illegal circulation of medical certificates.
All results after the driver passes the medical examination are sent to the traffic police automatically.
Interesting fact. In the Russian Empire, with the advent of “self-propelled carriages” in 1896, the first rules for transporting goods and passengers in them appeared. In 1900, the St. Petersburg Duma adopted a resolution according to which persons over 17 years of age could drive a car. Drivers were required to register their car, not exceed the speed limit in the city (13 km per hour), undergo a medical examination once a year, and have their car inspected.
When will you have to pay extra?
The courts recognize the fact of combining professions and the employee’s right to additional payment in cases where:
<or> the employee’s job responsibilities for the main position did not include duties that he performed additionally for another position for which the organization provided a unit in the staffing table, and also its own job description <7>;
