Possible material consequences
Based on PR 50.2.006-94 “Procedure for verification of measuring instruments” (approved by order of the State Standard of the Russian Federation dated July 18, 1994 N125 with amendments dated November 26, 2001, registered by the Ministry of Justice of Russia on July 21, 1994 No. 640) [1 ] all measuring instruments are subject to initial and periodic control requirements and the obligation to promptly submit measuring instruments for verification, including ensuring their delivery, rests with the owners of measuring instruments (clause 3.1., 3.16. of the Procedure).
Moreover, the user must check compliance with the deadlines for each subsequent test, since the payment receipt specifies the deadline for the next verification. It also often affects the service life of the meter; it is often cheaper to completely replace the meter. If it is missed, the counter loses its intended purpose. And the accounting of gas consumed is carried out in accordance with established standards (Regulation No. 549[2]), i.e. according to the tariff.
In such a situation, the client runs the risk of accumulating a large debt with the risk of gas shutdown, since the prices for consumed fuel at the tariff are much higher.
How is gas payment calculated if the meter verification is overdue?
Hello! Regarding the first question... Unfortunately, there is no clear answer to the situation. It is quite confusing from the point of view of the requirements of current legislation. I'll try to explain. Sorry if it's not short enough))
So, the relationship between the population and gas supply organizations is described by the “Rules for the supply of gas to meet the household needs of citizens.” This is a really small document, you can view it at this link - https://base.garant.ru/12161689/
There are several points there that relate to your situation. Namely:
- clause 28, which states that if the meter fails (and the expiration of the calibration interval, MPI, makes the meter faulty) and the consumer himself informed the gas workers about this fault, then from the day of notification of the fault, gas fees are charged according to the standard
- clause 30, which states that if the meter is dismantled for verification, then the gas payment is calculated on an average basis over the next three months, and then the consumer is transferred to payment.
- and clause 31, which states that if the meter readings are not submitted on time, then in the first three months the fee is calculated according to the average, based on previous consumption, and then according to the standard.
Accordingly, from these three points it follows that from the day of the last transmission of readings until the day of expiration of the inter-verification interval, gas payments should be calculated based on the previous average consumption. It seems like the meter readings were simply not transmitted on time, but the meter itself was working properly. Therefore, clause 31 of the Rules must be applied.
And then two options are possible, which depend on whether the consumer managed to remove the meter for verification before the expiration of the MPI or not?
If you did, then from the date of dismantling and for the next three months, the fee will be calculated according to the average. Then the consumer will be transferred to the standard. Those. Clause 30 applies.
If you didn’t have time, then from the date of expiration of the verification interval, the fee should be charged according to the standard. Because, from a formal point of view, the meter became faulty, and accordingly, clause 28 came into force.
(However, here we need to clarify, we proceed from the fact that the gas supplier is aware of the situation. That the meter’s MPI has expired. The consumer either informed him about this, or the supplier himself showed it, for example, by printing the verification expiration date on the payment slip. And This is an important circumstance. Therefore, if, say, a month later a gas inspector visits the house with an inspection and “discovers” that the meter’s verification period has expired, and the gas workers “didn’t know” about it, then the inspector will draw up a report on the “identified” malfunction of the device accounting. And then the gas supplier will “retroactively” issue an additional charge in the form of payment according to the standard for the previous six months. The second paragraph of clause 28 of the Rules gives the gas supplier this opportunity. And there are such precedents. In general, you need to be careful here.)
But that is not all. The fact is that all the above points of the “Gas Supply Rules” are, of course, relevant to your situation, but still do not directly regulate it. You have to, as they say, “pull them by the ears.”
And here it is worth noting that in addition to the “Rules for Gas Supply” there are also “Rules for the Provision of Utilities”. They are more general, regulating not only gas supply, but also other types of utilities.
So, the “general communal” “Rules” contain a rule according to which they are not applicable to relations “that arise during the supply of gas to meet the public utility needs of citizens and the regulation of which is carried out in accordance with the Rules for the supply of gas to meet public utility needs citizens." This is clause 2 b) of the Rules for the provision of utility services. Link - https://base.garant.ru/12186043/#block_9022
But what if some specific relations between citizens and the gas supplier are not regulated in the “gas” Rules? For example, regarding the situation with paying for gas at the time the meter verification period expires. In this case, can the municipal “Rules” be applied?
There is an opinion that they can. And then clause 59 of the “Rules for the Provision of Public Utilities” will apply, according to which, if the meter verification period expires, the consumer will pay for the first three months based on the previous average consumption, and then transfer to payment according to the standard. Here is a link to this item - https://base.garant.ru/12186043/#block_59
A summary of the above is this: gas workers will probably charge you a fee according to the standard for the month in which the meter verification period expired. They will refer to the “Gas Supply Rules” without specifying the points.
And then you need to choose. Or pay, check the meter and forget about all this. Or write a statement to the gas supplying organization in response, demanding recalculation based on average consumption, referring to clause 59 of the “Rules for the Provision of Utility Services”. If they refuse, write an application to the housing inspectorate and demand that they provide a recalculation.
As for the second question... It's not entirely clear what you mean? After all, the Regional Tariff Service is the RST)) In any case, the current regulatory document determining the size of gas consumption standards for the population of the Rostov region can be viewed here - https://docs.cntd.ru/document/469801844. All the numbers are there.
Are there any chances to challenge the debt?
The serviceability of the meter and the integrity of the seals give certain hopes of reducing the amounts presented for payment by turning to the courts, since it will be difficult to refute an impressive claim in any other way.
And although judicial practice shows that in most cases gas supply organizations win disputes, there are also the opposite results. A careful study of the required documents, a competent and substantiated statement of claim, and the assistance of experienced lawyers will increase the likelihood of success.
Creating conditions for timely verification of the control device is a reasonable and justified step. It will help protect the consumer from unpleasant consequences in the form of meaningless financial and emotional distress. It will allow you to direct material resources in a rational direction for the benefit of personal and family prosperity, which is so necessary in our cunning times.
Fines for gas meters: reasons for imposing fines for meters and amounts of penalties
Gas meters make it possible to pay only for the amount of fuel that was actually used by you. Which quite often turns out to be very beneficial to consumers. But so that the selection and purchase, installation and operation of a flow meter does not result in unnecessary expenses and headaches, you should follow the rules and be guided by the letter of the law in this matter.
Agree that paying a fine for gas meters, or rather for their improper installation or use, is not the most pleasant waste of money. Avoiding numerous sanctions is quite simple. And all you need to do is know and comply with the requirements of the law. In our article we will talk in detail about what you can be fined for and what to do correctly in a given situation regarding the installation or operation of a gas meter.
Is it legal to accrue debt for late gas meter verification?
Hello. Today we had a gas meter checked, they said that the verification was overdue, and that the verification date was indicated on the receipts. Overdue by six months, i.e. the verification date was 07/04/2016, and today is 01/18/2017, and there was not a single notice or warning. In the 8 years that we have had natural gas, no one has ever come even with a preventative check, and as soon as the verification was overdue, they immediately came and also presented a huge bill of 52,450 rubles for six months, they say that they have such standards for late verification of the meter. Explain how legal such penalties are; I haven’t had to burn gas for that amount in 3 years.
Lawyers' answers (1)
There is no penalty for late gas meter verification. But some citizens continue to pay the meter, despite the fact that the verification period has expired. In this case, there will be a recalculation upward, since the readings of a meter that has not passed the test (or was not provided for verification) are not taken into account. A citizen must pay for gas services at a generally approved tariff, and not according to the meter. Many people mistakenly call this amount a fine.
When are fines for gas meters?
Gas consumers may be punished for improper use of equipment designed to control gas consumption in several situations.
Thus, actions or inactions of gas users may result in fines in the following cases:
- in case of intentional damage to seals imposed by so-called authorized officials (representatives of Gorgaz (raygaz);
- in case of failure to report a breakdown of the meter;
- in case of unauthorized connection of the meter to existing gas networks;
- in case of violation of the current rules for the safe use of indoor gas equipment.
All of the above actions can be regarded as a violation in accordance with the requirements specified in the Code of Administrative Offenses and the Criminal Code. Namely in Art. 7.19 , art. 9.23 , as well as Art. 19.2 of the current version of the Code of Administrative Offenses of the Russian Federation. The Criminal Code of the Russian Federation stipulates fines for improper use of meters in Art. 158 , art. 215.3 .
And then about the above reasons in detail.
Reason #1 - intentional damage to seals
Intentional damage to seals may result in a warning or a fine of 100-300 rubles. Not impressed by the amount? But a minor fine can only be part of the sanctions, and the most insignificant. Since in a number of cases, representatives of city gas companies (raigaz companies) have the right to consider deliberate damage to officially installed seals on meters as an attempt at unaccounted consumption.
Sanctions for these actions are provided for in Article 7.19 of the current Code of Administrative Offences. Where this act is called unauthorized connection to gas pipelines. For this, a gas consumer who violated legal requirements will have to transfer 10-15 thousand rubles to the budget.
Verification interval
The calibration interval is the period during which the manufacturer provides a guarantee for the correct operation of the device.
The duration of the verification interval ranges from 8 to 12 years .
If it was not carried out on time or there is no new seal, the readings of this device cannot be taken into account for presentation for payment.
Verification must be carried out by special gas services . This procedure proceeds as follows:
- Call a specialist. It must be from the service with which the contract for the maintenance of gas equipment is concluded.
- Dismantling the meter and sending it for verification.
- Issuance of a conclusion based on the verification results. There may be two options: recognition of the measuring instrument as suitable or unsuitable. If suitable, the device is installed in place by a specialist and sealed. The date of verification is indicated in the passport.
If the measuring instrument is found unsuitable for further use, a certificate of impossibility of its use is issued for it. Its owner is informed about this.
You can learn how on-site verification of
