Photo: tehosmotrs.ru
Photo: tehosmotrs.ru Photo: tehosmotrs.ru
The operators are dissatisfied with the red tape when obtaining accreditation, the rules of the procedure that are not well thought out, and the approved tariffs are considered underestimated; The PCA is indignant that not only has a tremendous amount of work fell on it, the Union is constantly making claims of dishonesty and corruption; more work has been done by the FSFM - the department is forced to consider endless complaints. Regional prosecutors and courts also joined in the work. The spark was added by the know-how of Rosgosstrakh (more on that below), which other insurance companies have now begun to implement. Therefore, the Federal Antimonopoly Service also pulled in to work. All converge, perhaps, in one thing: the law is crude, was adopted in a hurry, and it needs to be either seriously developed, or altered altogether. The result was such a miniature of the work of our state: they wanted to make life easier for citizens, but then the bureaucratic machine started spinning, something was left to chance, something was not thought out, we were reinsured and hurried somewhere, and as a result a complex bulky mechanism with many loopholes arose who need to do something, but few know what.
And what about the car owner himself? In all this mess, they simply forgot about him. Has the current situation made it easier to undergo maintenance? Perhaps the queues were reduced, the procedure takes a little time … But! The owners have been relieved of all responsibility for the good condition of the car. Now, the expert who signed the inspection ticket is responsible for this. A specialist who has seen a car for some 40 minutes becomes responsible for it for several years! True, it can only be attracted if an accident occurs and it is proved that the fault is in the vehicle. So we still need to try very hard to prove that this is a missed malfunction, not a newly acquired one.
In addition, the inspection became a private business, and a desperate struggle for the client began, where, as they say, all means are good. Is it beneficial for the operator to honestly identify minor flaws? Or it’s easier to close their eyes to them, and word of mouth will quickly inform you that the point is good, here they don’t “find fault”.
Gathered and discussed
A round table gathered by the Union of Technical Expert Organizations went almost unnoticed last week. Representatives of the State Duma, Ministry of Economic Development, RSA, FAS and other interested organizations also participated in the event. Each one has its own complaints against other market participants and everyone has a bone in their throat - a bunch of Rosgosstrakh and ZAO Techosmotr. Recall that a clever insurer, of course, not without the help of very competent lawyers came up with an original scheme. As you know, an insurance company is not entitled to issue a “car citizen” if the car owner does not have a vehicle inspection ticket or less than six months are left before its expiration. Rosgosstrakh says: but you come anyway, dear comrade, we will do everything. No coupon? It's not scary, we just made friends with a very large operator (98 points all over the country!), With whom we agreed that we would issue coupons, but without the signature of a technical expert. We will issue legal liability insurance, and you will only give a receipt that you undertake to visit CJSC “Technical Inspection” within a few days. Formally - do not dig. The car owner signs the paper, receives compulsory motor third-party liability insurance, but few people reach the TO point, especially since it is not always conveniently located.
Only here, a citizen who is not knowledgeable in legal intricacies does not realize that he has a "linden" on his hands. Without the signature of a technical expert, not only the inspection ticket, but also the insurance is not valid. And although the head of Rosgosstrakh, Daniil Khachaturov, in an interview with Vesti 24 television channel, assured that the company takes this risk, and even if a citizen “forgets” to undergo a checkup, Rosgosstrakh will fulfill its OSAGO obligations, it is hard to believe in this. Business is business, he signed a paper, he, as they say, is to blame.
Opochka went his own way
Recently, a trial was held in the city of Opochka, Pskov Region, which recognized the “auto-citizen” policy issued by an insurance company without a valid MOT ticket as invalid. The Opochka prosecutor’s office, having examined the list of persons to whom the insurer sold the CTP insurance policy without compulsory maintenance, filed a lawsuit against one of the company's clients, which they won. It is interesting that the client suffered, and Rosgosstrakh in the process acted only as a third party.
As a result, the defendant pleaded guilty, and the Opochka prosecutor’s office is also preparing claims against other company customers who have entered into an “auto-citizen” agreement without a valid inspection ticket.
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Now more about the strange operator that appeared on the market for technical inspection - CJSC "Technical Inspection", which has about 100 maintenance points at its disposal. At the beginning of the year, the Union of Technical Expert Organizations was surprised to find this major player in the PCA registry that had never been heard of before. How the newly-minted operator, which has such a solid number of points throughout the country, managed to create a production base and recruit specialists in such a short time, remains a mystery. The Union of Technical Experts conducted its own investigation and found out that most of the points of CJSC “Technical Inspection” are not even garages, but canopies. PCA shrugs: everything is done according to the law, the Union of Auto Insurers only approves company documentation. All the papers were in order, and while there were no complaints about the operator, the Union has no right to conduct on-site inspections. As for other insurance companies, then, having become indignant at the beginning of the year, they calmed down and began to create the same schemes.
According to the Union of Technical Expert Organizations, VSK already has something similar, and other market players are catching up. What else outraged the maintenance operators, who spent considerable money on equipping their points and are awaiting return, some of the Inspection points are still equipped with … pocket equipment for performing inspection. In an interview with the Russia 24 channel, the head of Rosgosstrakh, Mr. Khachaturov, said that affiliated operators do have special equipment that fits in a cabinet one and a half by two meters. The equipment is certified, and "you can use it at least at every parking lot." “We want and we will provide such a service at a state price in each region,” Daniil Khachaturov emphasized.
Different opinions
The chairman of the State Duma Transport Committee in the State Duma, Yevgeny Moskvichev, asks how did it happen that until 2012 everything was fine, but as soon as the traffic police appeared instead of the traffic police, everything suddenly became bad? He agreed that there really were a lot of questions about the new procedure, and it always happens when they break down an established system. In March, Deputy Prime Minister Igor Shuvalov planned a special meeting on inspection issues, but the government is waiting for consolidated amendments, and for a start, all participants in this market should work out common requirements for finalizing the law.
A member of the State Duma Committee on Transport, Irakli Aslamazov, who participated in the preparation of the law in the State Duma of the previous convocation, did not deny that the law was created in a hurry and "for political reasons" in a short time. But he recalled that they did not write it for inspection operators, no one promised that they would be fine. Now, if the new system turns out to be easier for citizens, it means, "the state has done everything right."
Mikhail Porvatov, head of the insurance methodology department of the Russian Union of Auto Insurers (RSA), explained to those present at the congress that the Union carries out on-site inspections only on the basis of statements from individuals and legal entities. The Union cannot physically verify all accredited people, and this was not provided for in the law. PCA also has claims to the new procedure, but this is a large, complex project, and they foresaw that there would be roughnesses, it was impossible to foresee everything, but they would be smooth out gradually in the working order. Moreover, the law really created a market for services. He cited the example of an operator from Chukotka, who, while the structure was in the hands of the traffic police, tried unsuccessfully for six years to enter the technical inspection market and was easily able to do this with RSA. Mikhail Porvatov also said that in connection with numerous complaints, the RSA and the FSFR are checking the activities of Technical Inspection CJSC. Results will appear shortly. But in the Rosgosstrakh scheme, the holes in the law are so well taken into account that formal claims against it are quite difficult to put forward.
The question arose about the level of expert training. MADI Vice-Rector Andrei Rementsov said that technical universities are concerned about the situation where everyone who is not too lazy is preparing inspection technicians. The Ministry of Education, which was supposed to coordinate this process, for some reason remained on the sidelines. Meanwhile, it is necessary to regulate not only the training schedule, but also the advanced training of experts. A modern car is not a simple device, consisting of more than 18 thousand parts. And every year, manufacturers complicate the manufactured equipment. Therefore, universities need to develop their educational standard and requirements for the educational base.
The representative of the Federal Antimonopoly Service, Andrey Kuznetsov, noted that violations of the 135th law (on protection of competition) are also present in the new maintenance procedure. And the service has already begun work in this direction. There are facts, but in order to investigate them, there must be statements from companies whose interests are infringed. There are still few such statements, and according to the FAS charter, it simply cannot conduct investigations.
How are they doing?
To understand what the miscalculations were during the development of the new law, the delegation of the Ministry of Economic Development visited several European countries. Officials figured out how this procedure works. It turned out that in Spain "the mess is worse than ours, " in France - a little better, and the most competent case was delivered in Germany. Inspection in Germany is a legally regulated procedure; 11 organizations can engage in it, which involve small and medium-sized businesses. As a result, several thousand stations operate there. In Germany, the expert is responsible if it is proved that the accident occurred precisely because of an undetected vehicle malfunction. But the punishment may be different. It is one thing if the specialist conducted the inspection not quite qualified, and another - if he gave a deliberately false conclusion. With each separate case the court understands. But the organization is obligatory insured against such cases. Probably, the German model will be taken as the basis of our government.
