To recognize the legal inspection procedure as legal, it must be carried out in strict accordance with applicable standards. At the beginning of 2012, a law came into force regulating its order. Following this, a decision was made that allowed inspection to be carried out by accredited operators. Moreover, they can be both state and non-state organizations.
Accreditation of inspection operators
To obtain a permit, the organization must send an application. It is signed by the head of the executive permanent body of the legal entity or another entity with the right to act on behalf of the enterprise, or individual entrepreneur. Operators of technical inspection provide an application on paper directly or send it by registered letter with a list and notification. Documents are sent to the trade union of insurers.
Application Form
On the form , technical inspection operators indicate:
- Full and abbreviated name of the enterprise, location, according to the constituent documentation, state registration number on the establishment of the legal entity, details of the paper certifying the fact of making the corresponding entry in the Unified State Register of Legal Entities.
- FULL NAME. head of organization or individual entrepreneur. The latter also indicates the address of residence, passport details, state registration number, details of the paper confirming the fact of making an entry in the USRIP.
- Contact details.
- TIN, details of the document certifying the fact of being a scientist at the Federal Tax Service.
- The number of inspection points, addresses at which it is supposed to carry out the relevant activities, area of accreditation
In its application, the entity has the right to transmit the request of the authorized instance to send him the results of the consideration in electronic form.
Applications
The inspection operators shall attach copies to the application:
- Constituent documentation, papers confirming the fact of making an entry in the Unified State Register of Legal Entities - for organizations. Individual entrepreneurs provide a copy of the passport, extract from the Unified State Register of Enterprises.
- Documents certifying the availability of facilities and technical diagnostics, including measuring, on the basis of ownership or other legal basis. Moreover, these facilities must be included in the approved list and comply with the established requirements.
- Documents confirming the availability of opportunities for the daily provision of information on the results of surveys of the vehicle into a single information system, as well as documenting information.
- Contract for the provision of communication services.
- Documents certifying the availability of software and hardware with which the data on the results of the surveys are transferred to a single information base, providing access to the Internet, receiving and sending telematic messages in electronic form, as well as documenting data.
- Papers confirming the presence of at least one expert in the state. Such documents may include copies of the staff list, order for admission to the enterprise, work books, certificates and diplomas of education, certificates of retraining, training, advanced training, etc. These papers must be provided for each employee individually.
- A power of attorney or other document confirming the existence of the authority of the entity signing the application to act on behalf of the enterprise submitting the application.
These papers are accompanied by their inventory. In accordance with the law, a professional association of insurers issuing a certificate of a technical inspection operator does not have the right to request other documents not listed in the above list.
Nuance
The applicant may additionally provide a copy of the payment document. This paper confirms the payment of accreditation. Its value is established by government decree No. 912. In particular, the amount of payment is said in paragraph 1, sub. "a" of the said act.
Review of documents
The application for a certificate must be registered by the trade union of insurers during the day (working day) following the date of receipt. Within five days from this date, documents are examined for completeness, as well as compliance with the requirements provided for in paragraphs 5-8 of the Rules. If during the review deficiencies are found out, the trade union of insurers will send a registered letter or will personally notify the authorized representative of the applicant company that they need to be eliminated and the papers submitted again. A copy of the notice may be sent at the request of the subject to his email address. If within a month the deficiencies indicated in the notification are not eliminated, the statement of the enterprise will be returned without consideration on the merits.
Suspension of the certificate
Appropriate decisions are made by the trade union of insurers. The grounds are violations that were revealed by the inspection of the technical inspection operator . Suspension of validity of permits is carried out in cases:
- Detection of violation of requirements or rules for the implementation of maintenance.
- Failure to comply with the procedure for transferring information about vehicle surveys to a single database of automated data recording or documenting information.
- Failure to comply with the obligations established in paragraph 52 of the Rules.
It should be noted that the suspension of the permit is carried out if the accredited technical inspection operators have committed these violations for the first time.
Solution Design
The suspension of the permit is carried out on the basis of the order of the head of the trade union of insurers or another authorized person. Within a day from the date of the decision, the act is sent to the offender by registered mail with a notice and an inventory of the attachment. Technical inspection operators also receive a copy of the order by e-mail. The decision indicates the violations that were committed and served as the basis for its adoption. The document also defines the period for their elimination. The certificate is suspended until the violations are completely eliminated.
GR actions
The operator of the technical inspection of vehicles , eliminating the identified violations, reports this to the trade union of insurers. He can send a notice by mail or provide it directly through his representative. The entity may attach documents proving the measures taken by it to the notification. Within 10 days (working) from the date of registration of the notification, the trade union of insurers must check the technical inspection operator . Based on the inspection results, a decision is made to renew the permit or refuse to do so.
Specificity
The decision to renew the certificate is made if the operator eliminated the identified violations in full. It is approved no later than 5 days after the establishment of the fact of elimination of deficiencies. The decision is made in writing, drawn up by order of the head of the trade union of insurers or another responsible person. During the day, it is sent to the operator by registered letter. A copy of the solution is also sent to the subject's email.
Renouncement
If for some reason the operator has not eliminated (partially or fully) the violations identified, then the validity of his certificate will not be resumed. The corresponding decision is made in writing in accordance with the order of the head or other authorized person of the trade union of insurers. The operator will receive the certificate by registered mail and a copy by e-mail.
Revocation of Permission
It is allowed if:
- The company appealed to the trade union of insurers with a statement on the termination of work as general insurance.
- Within 12 months, 2 or more violations of accreditation requirements or inspection rules were identified; the operator has exceeded the maximum amount of payment for maintenance defined by law.
- A legal entity operating as a UTO has been liquidated, or an individual entrepreneur has stopped its work.
The decision to revoke the certificate must be made in writing. The basis is the order of the head of the trade union of insurers or another responsible entity. During the working day, the decision must be sent to the applicant by registered mail with a notice, a list of attachments. An electronic copy is sent to the email address of the subject. In this case, the relevant information should be entered in the register of technical inspection operators. The allowing document is considered canceled from the date of the relevant decision by the trade union of insurers.