Definition of a vehicle in legislation. Specialized vehicles

The very name - special transport - implies the uniqueness of this type of vehicle. Almost any car used for special purposes differs from its “civilian” counterparts in its internal contents (special engine, interior, additional equipment), and some of the special vehicles are also distinguished by their unusual appearance.

We can give a formal definition of special transport:

Special transport is a specially equipped vehicle designed to solve specific problems.

A classic example of special transport is a car that is used in the activities of the “power” structures of the state: law enforcement agencies, intelligence and counterintelligence services, rescue services and other paramilitary forces.

Types of special transport:

Police transport

The first example of special transport was a police trolley, designed in 1899 by engineer Frank Loomis. The customer of this unusual vehicle was the Akron Police Department (USA, Arizona). A “civilian” trolley equipped with an electric unit was used as the basis. The power reserve of this device was 30 kilometers, and the maximum speed reached 25 km/h. As special equipment, stretchers were used to transport wounded (or particularly violent) passengers from the scene of the incident to the police trolley.

Since then, almost all police (or militia) vehicles have inherited the main design principles of the first model of special transport - the “civilian” basis of a special vehicle, the presence of special inventory or equipment “on board” the vehicle, the presence of color markings on the body, allowing the identification of this vehicle vehicle, such as a police vehicle (truck, snowmobile, motorcycle, bus, etc.).

A modern police car is usually created on a reinforced civilian car platform. A special, “police” version is produced only by Ford and GM or similar giants of the auto industry. Of course, a civilian car requires fine-tuning the chassis, strengthening the engine and installing additional devices - long-distance communications, medical equipment, weapon mounts. Part of the interior is dedicated to a kind of bullpen on wheels. A significant advantage for a police car is the spacious trunk, which can accommodate additional equipment - means for blocking violators, special equipment for recording violations.

A variety of classes of vehicles can be used as a donor car - from a sports car to a heavy SUV or minibus. The latter option is preferred by special police units, since it is very easy to hide a hidden observation point inside a roomy minibus or simply use the spacious interior to transport a special forces group equipped with massive weapons or equipment to the scene of an incident.

The transport of structures responsible for counterintelligence activities (or reconnaissance) differs from police cars in their external invisibility in civilian traffic. Such machines are not distinguished by special markings or special signals, since they are designed to carry out operations hidden from general attention. But this vehicle also belongs to the category of special vehicles, so a special filling is hidden under the “regular” body, indistinguishable from its civilian counterpart.

It is the special services that prefer exclusively the internal finishing of the car. Most often, a high-performance engine, communications and tracking equipment are installed on a production vehicle. Sometimes glass and housing are armored. Of all the types of special vehicles, it is the special services vehicles that have the most ordinary appearance. Very often, ordinary drivers have no idea what kind of car is moving next door, assuming that the cars of counterintelligence officers and spies look like this:

Rescue transport. Ambulance. Fire trucks.

Completely different problems are solved with the help of rescue and emergency response vehicles. Unlike the cars of counterintelligence officers and spies, the cars of the Ministry of Emergency Situations, fire service, ambulance and other similar structures shine in the general traffic flow like a Christmas tree. Flashy colors and an abundance of special signals, both visual and audio, demonstrate that these cars belong to a separate caste of transport, used in special cases that cannot tolerate delay or delay. But the special transport of rescue services is distinguished not only by the colorful paintwork - under the flashy colors of the durable body there are hidden very complex mechanisms and devices that allow you to solve any problem.

It is these models of special transport that can be called truly unique. For example, an “Ambulance” is an outwardly simple car that can be distinguished in the general flow of traffic only by the special color of the body and the “chandeliers” of the special signal. But this simplicity is deceptive. Behind the standard body of the minibus is hidden a special set of equipment that allows you to begin treatment or a set of resuscitation measures already on the road.

Ordinary citizens do not even know that there are more than a dozen variations in the configuration of ambulance vehicles, which differ in the types of assistance provided. There is a psychiatric, obstetric, neurological, pediatric, cardiological "Ambulance".

The vehicles of the Ministry of Emergency Situations and the fire department are equipped with no less special equipment. However, unlike the Ambulance, the Ministry of Emergency Situations transport has all the “chips” of the design visible from afar. For example, a fire ladder - this type of special transport cannot be confused with another vehicle. After all, not a single military, civilian or police car has the main distinguishing principle - a huge sliding staircase.

The first examples of such equipment appeared in 1951. Modern ladder trucks can “reach” up to a height of 60 meters. The basis for aerial ladders, as a rule, is the chassis and frames of trucks.

The classic fire truck, equipped with a tank, pumping station, hydraulic trunk on a carriage and other devices designed to fight fire, has a no less original appearance.

This “monster”, based on the chassis of a heavy, eight-wheeled MAZ-543 tractor, is capable of transporting more than 10 tons of water and about a ton of special powdery suspension.

Special trucks. Cash collectors' cars.

A separate category of special transport are armored trucks, buses or cars designed for transporting extremely harmful and dangerous substances. Transport for collectors can also be included in this category.

Dangerous goods are transported in a specially prepared body that prevents contact of the harmful substance (or container with a harmful substance) and the environment. Therefore, the most interesting part of special trucks or tractors is such a body (or trailer). There are covered cargo compartments, tanks, thermal containers and more.

The main purpose of these containers is to protect the environment from their contents.

Collection vehicles are designed for a diametrically opposite purpose - to protect the contents from the environment. To do this, they use prepared chassis from minibuses and a special “armored” body.

Special armored vehicle AS-1925 "ONEGA". There's even air conditioning inside.

By and large, a collection vehicle is a hybrid of a mobile safe and a police vehicle. Inside the armored building, separated from the driver's section, a group of armed people is always on duty. Therefore, in addition to space for a safe, the collector's car must also have space for passengers, which increases the volume of the body. In terms of technical support, the collector's car is not inferior to other police cars. Such a specialized vehicle necessarily contains communications equipment, a satellite beacon, and special equipment activated in emergency situations. It is this feature of the “structure” of a collection vehicle that makes us talk about it as an ideal special vehicle.

Vehicles are devices designed to move people, various loads and various equipment installed on the vehicle from one place to another. Types of transport are classified depending on the environment in which the vehicle operates and transportation is carried out. There are water, land, air, underground and space vehicles. There are also combined vehicles capable of moving in several environments - amphibians, airplanes, and some types of hovercraft.

Types of water vehicles

Water transport includes vehicles that carry out transportation by water - rivers, oceans, canals, seas, reservoirs and lakes. The main mode of transport for water is a ship. Depending on the depth of the reservoir, water transport is divided into the following types:

• river - ferries, barges, river trams, hovercraft;
• marine - cruise ships, heavy carriers, tankers, container ships.

The disadvantages of water vehicles include their low speed, seasonality of navigation and the possibility of direct intercontinental communication, while the advantages include large capacity and low minimum transportation costs.

Types of cargo vehicles

A freight transport can be considered a vehicle moving in any environment. There are cargo planes, cargo ships, cargo trains, and a variety of ground wheeled cargo transport. The following types of land trucks are distinguished:

• Trucks combined with a body - flatbed trucks, vans, vans;
• Self-propelled tractors designed for towing trailed equipment and trailers;
• Trailers without their own engines, which are designed for coupling with a tractor as part of a road train;
• Semi-trailers with a coupling device - tilt, flatbed, platforms, trawls, refrigerators, dump trucks.

Types of special vehicles

The category of special vehicles includes vehicles used for purposes other than civilian ones or having special equipment. There are the following types of special vehicles:

• Cars, motorcycles and buses of operational police services;
• Ambulances;
• Municipal utility vehicles - snow removal equipment, watering machines;
• Military transport (armored personnel carriers, combat vehicles, etc.);
• Emergency vehicles, fire trucks;
• Intra-production transport used in large enterprises.

Main types of vehicles

In addition to the medium of movement, transport differs in functional purpose. There are general transport (public), personal transport and special-purpose transport (technological and military). Vehicles can also be classified into several different types according to the energy sources used into the following categories:

• electric vehicles;
• thermal engine transport;
• vehicles with a hybrid engine;
• transport without its own engine - sailing and driven by muscle power.

Modern and promising types of transport include magnetic levitation vehicles and automatic transport without a driver.

(for the purposes of subparagraph 5 of paragraph 2 of Article 346.26 of this Code) - vehicles intended for transporting passengers and cargo on roads (buses of any type, cars and trucks). Vehicles do not include trailers, semi-trailers and trailers. In a motor vehicle intended for the transportation of passengers, seats for the purposes of this chapter are defined as the number of seats (except for the driver's seat and the conductor's seat) based on the data from the technical passport of the vehicle manufacturer. If the technical passport of the manufacturer of a motor vehicle does not indicate the number of seats, then this number is determined by the bodies of state supervision of the technical condition of self-propelled vehicles and other types of equipment in the Russian Federation on the basis of an application from the organization (individual entrepreneur) that is (is) the owner of the motor vehicle intended for the transportation of passengers when carrying out business activities subject to taxation in accordance with this chapter;..."

Source:

"Tax Code of the Russian Federation (Part Two)" dated 05.08.2000 N 117-FZ (as amended on 03.12.2012)

"...a vehicle is a device intended for transporting people, goods or equipment installed on it on roads;..."

Source:

Federal Law of April 25, 2002 N 40-FZ (as amended on July 28, 2012) “On compulsory civil liability insurance of vehicle owners” (as amended and additionally entered into force on August 10, 2012)

Official terminology. Akademik.ru. 2012.

See what “Vehicle” is in other dictionaries:

vehicle- - a device intended for transporting people, goods or equipment installed on it on roads (from traffic regulations). EdwART. Dictionary of automotive jargon, 2009 ... Automobile dictionary

vehicle- Ground mechanical device on wheels of categories L, M, N, O, intended for use on public roads. [Technical regulations on the safety of wheeled vehicles] Topics: motor transport... ... Technical Translator's Guide

vehicle- 2.1 vehicle: A single-deck vehicle designed and equipped for the carriage of more than 22 passengers. There are three classes of vehicles. It is allowed to use the vehicle in more than one... ... Dictionary-reference book of terms of normative and technical documentation

Vehicle- Main article: Transport Cars are now the most common vehicles using an internal combustion engine ... Wikipedia

Vehicle- Any type of aircraft, ship, train, automobile or other vehicle that can be used to transport a person to or from a country. see also carrier... International Migration Law: Glossary of Terms

VEHICLE- in customs law, any means used for the international transport of passengers and goods, including containers and other transport equipment... Encyclopedic Dictionary of Economics and Law

VEHICLE- in accordance with paragraph 4 of Art. 18 TMK a vehicle is any means intended for the international transportation of passengers and goods, including containers and other transport equipment. See also Vehicle rental agreement... ... Legal Dictionary of Modern Civil Law- in forensic automotive technology, I.e. refers to mechanical I.e., in which the draft force is created by the engine (car, etc.) ... Forensic Encyclopedia

Classification transport funds– this is the distribution of various cars into groups, classes and categories. Depending on the type of design, parameters of the power unit, purpose or features that certain vehicles have, the classification provides for several such categories.

Vehicle(TS) is a technical device for transporting people and/or goods. Unlike lifting and handling devices, vehicles are usually used for transportation over relatively long distances.

According to the classifier of types of vehicles for international transportation, trailer- a vehicle without an engine, intended for the transport of passengers or goods, the vertical load of which is transmitted to the supporting surface through the wheels and which is adapted to be towed by a car.

The rolling stock of road transport currently represents a wide range of vehicles, varying in technical characteristics and purpose. In order to streamline the classification of vehicles⭐ a number of criteria have been adopted that serve as their characteristic features. Based on these features, vehicles are divided into groups that have common properties and characteristics.

In order to highlight the area of ​​vehicles subject to this classification, the term “road transport” was defined, highlighting from the entire range of vehicles those that are operated primarily on public roads of all categories. This classification excludes other wheeled trackless vehicles, which due to their mass and size characteristics are not intended for driving on public roads. These are, for example, quarry vehicles, all-terrain vehicles, airfield and mine tractors, etc.

According to the current Traffic Rules, the following overall dimensions are currently accepted for road vehicles:

• in height - no more than 4 m from the road surface
• in length - no more than 12 m for a truck, bus, trolleybus and trailer, no more than 15.18 m for an articulated bus or trolleybus
• in width - no more than 2.60 m for vehicles with an isothermal body, no more than 2.63 m for a KrAZ vehicle, MAZ-509A, MAZ-543 timber trucks, no more than 2.55 m for other vehicles

The total length of the road train should be no more than 20 m.

Currently, two types of classification are used - by type and by category of vehicles. Classification by type is the most common in our country, it was used for many years in the USSR, and continues to be used in many regulatory documents related to vehicles (state standards, traffic rules, etc.). In addition, this classification is applied when registering vehicles. The scheme for classifying vehicles by type is shown in the figure.

Rice. Scheme of classification of vehicles by type

The presence of an engine is used as a criterion for the most general division of vehicles. In this case, vehicles are divided into mechanical, equipped, and towed, not equipped with an engine.

A motor vehicle and one or more towed vehicles can form a combined vehicle, which is called a road train if it consists of a car and one or more trailers coupled to it by means of a coupling device.

Classification of motor vehicles

• for cars
• for motor vehicles
• for tractors

Automobile- this is a mechanical vehicle that is driven by a power source, has at least four wheels located on at least two axles, is intended for movement on trackless roads and is used for transporting people and (or) goods, towing vehicles intended for transportation of people and (or) cargo, performing special work. This term also applies to vehicles whose engines are powered by direct electric current from an overhead contact network (trolleybuses), as well as to three-wheeled vehicles whose curb weight exceeds 400 kg.

Curb weight means the gross shipping weight of the vehicle plus the weight of coolant, lubricants, windshield washer fluid, fuel (tank filled to at least 90% of rated capacity), spare tires, fire extinguishers, standard spare parts, wheel chocks, standard set of tools.

Motor vehicle is a single-track, two-wheeled motor vehicle.

Tractor is a mechanical vehicle used to implement pressure or traction force through equipment mounted on it.

Classification of towed vehicles

• for trailers
• for semi-trailers

Trailer- a vehicle without an engine, intended for the transport of passengers or goods, in which the entire vertical load is transmitted to the supporting surface through its wheels, and adapted for towing by a car.

Semitrailer is a trailer that, by its design, is intended for use with a truck tractor and part of the total weight of which is transferred to the truck tractor through the fifth wheel coupling device.

A characteristic feature of the automobile division is their main purpose. It can be used to transport passengers or transport goods (special equipment).

Passenger car is a car that, by its design and equipment, is designed to transport passengers and luggage while providing the necessary comfort and safety. In this case, a passenger car with no more than nine seats, including the driver's seat, is called a passenger car, and more than nine are called a bus.

For transportation of goods a truck is used. If the chassis of a truck is used to transport special equipment (truck crane, aerial platform, drilling rig, etc.), a certain cargo (tank truck, concrete mixer truck) or is equipped with loading and unloading means, then such a vehicle is classified as special.

To transport goods, tractor-trailers and truck tractors are also used, which perform their function by towing trailers and semi-trailers.

There are a number of intermediate types of vehicles, characterized by a specific feature. So, for example, a single-decker bus with no more than 17 seats, including the driver’s seat, is called a minibus; a car that, by its design and equipment, is designed to transport passengers and cargo is called a cargo-passenger vehicle; A trailer designed to be used on the road while parked as a mobile living space is called a caravan.

Despite these vehicle type clarifications, they still refer to the bus, truck, and trailer types, respectively.

The classification of vehicles into categories is more specific in terms of the clarity of the division of transport according to criteria and complies with the UNECE Consolidated Resolution on the Design of Vehicles. It is according to this classification that the requirements of international regulatory legal acts are imposed on vehicles.

Classification of vehicles by category

• category L1 - a two-wheeled vehicle in which the engine displacement in the case of an internal combustion engine does not exceed 50 cm3 and the maximum design speed for any engine does not exceed 50 km/h;
• category L2 - a three-wheeled vehicle with any wheel arrangement, in which the engine displacement in the case of an internal combustion engine does not exceed 50 cm3 or the maximum design speed for any engine does not exceed 50 km/h;
• category L3 - motorcycle - a two-wheeled vehicle in which the engine displacement in the case of an internal combustion engine exceeds 50 cm3 or the maximum design speed for any engine exceeds 50 km/h;
• category L4 - motorcycle with sidecar - a vehicle with three wheels asymmetrical with respect to the median longitudinal plane, in which the engine displacement in the case of an internal combustion engine exceeds 50 cm3 or the maximum design speed for any engine exceeds 50 km/h (motorcycles with sidecar );
• category L5 - tricycle - a vehicle with three wheels symmetrical with respect to the median longitudinal plane, in which the engine displacement in the case of an internal combustion engine exceeds 50 cm3 or the maximum design speed for any engine exceeds 50 km/h;
• category C6 - light quadricycle - a four-wheeled vehicle, the unladen mass of which does not exceed 350 kg, excluding the mass of batteries for an electric vehicle and the maximum design speed does not exceed 50 km/h, characterized by:
  • when installing an internal combustion engine with forced ignition - an engine displacement not exceeding 50 cm3, or
  • when installing an internal combustion engine of another type - maximum effective power not exceeding 4 kW, or
  • when installing an electric motor - rated maximum power in continuous load mode not exceeding 4 kW;
• category L7 - quadricycle - a four-wheeled vehicle, the unladen mass of which does not exceed 400 kg (550 kg for a vehicle intended for the transport of goods) excluding the mass of batteries for an electric vehicle and the maximum effective engine power does not exceed 15 kW;

• Category M1 - vehicles used for the transport of passengers, having, in addition to the driver’s seat, no more than eight seats;
• category M2 - vehicles used for the transport of passengers, having, in addition to the driver’s seat, more than eight seats, the maximum weight of which does not exceed 5 tons;
• category M3 - vehicles used for the transport of passengers, having in addition to the driver’s seat more than eight seats, the maximum weight of which exceeds 5 tons;

• category N1 - vehicles intended for the transportation of goods, the maximum weight of which does not exceed 3.5 tons;
• category N2 - vehicles intended for the transportation of goods, the maximum weight of which exceeds 3.5 tons, but does not exceed 12 tons;
• category N3 - vehicles intended for the transportation of goods, the maximum weight of which exceeds 12 tons;

• category O1 - trailers whose maximum weight does not exceed 0.75 tons;
• category O2 - trailers whose maximum weight is more than 0.75 tons, but does not exceed 3.5 tons;
• category O3 - trailers whose maximum weight is more than 3.5 tons, but does not exceed 10 tons;
• category O4 - trailers whose maximum weight exceeds 10 tons.

In this classification, there is a certain difficulty in clarifying the requirements according to which vehicles of category M1 can be classified as a category. This can be done if the following conditions are met:

• The number of seating positions does not exceed six, and seating space is considered available if the vehicle is equipped with “accessible” seat anchorages. “Available” means mounts that can be used to install seats. To prevent fasteners from being "accessible", the manufacturer must prevent them from being used, for example by welding butt plates onto them or installing similar fixed parts that cannot be removed using normal tools;
• the condition P- (M + N 68) > N 68 is ensured, where P is the technically permissible weight of the vehicle, kg; M is the mass of the vehicle in running order, kg; N is the number of seats other than the driver's seat.

Since 68 kg is the average calculated weight of a passenger without luggage, the last condition should be understood as follows: the carrying capacity of the vehicle must be more than twice the weight of all passengers on board or the maximum permissible weight of cargo on board the vehicle when it is fully loaded passengers must be greater than the total mass of all passengers on board.

The technically permissible maximum weight means the maximum weight of a loaded vehicle with cargo (passengers), established by the manufacturer as the maximum permissible according to the operational documentation.

During state technical inspection, situations often arise when it is necessary to determine the correspondence between types and categories of vehicles. The categories belonging to the main types of vehicles located in the registration database of the State Traffic Inspectorate of the Ministry of Internal Affairs of the Republic of Belarus are presented in the table:

Table. Correspondence of categories to vehicle types

In this article I will talk about such a concept as.

Why did I choose this particular topic for today's article?

The fact is that a vehicle is just such a concept that has not received an unambiguous interpretation in civil legislation.

In the Civil Code of the Russian Federation, in many of its chapters, sections, and articles, one can indeed find references to a vehicle.

But the very definition of a vehicle is not contained in civil legislation (I mean the Civil Code of the Russian Federation).

This, in turn, became the reason for all sorts of discussions in the scientific legal community.

You can find mention of a vehicle, for example, in the following articles, chapters and sections of the Civil Code of the Russian Federation:

1. Clause 1 of Art. 227 of the Civil Code of the Russian Federation.

If an item is found on premises or in a vehicle, it must be handed over to the person representing the owner of this premises or vehicle. In this case, the person to whom the find is handed over acquires the rights and bears the responsibilities of the person who found the thing.

2. Clause 2 of Art. 257 of the Civil Code of the Russian Federation, which reveals the concept of property related to the property complex of a peasant (farm) enterprise. It states that

in the joint ownership of members of a peasant (farm) farm there is a land plot granted to this farm or acquired, plantings, outbuildings and other buildings, reclamation and other structures, productive and working livestock, poultry, agricultural and other machinery and equipment, vehicles, inventory and other property acquired for the farm using the common funds of its members.

3. Art. 426 of the Civil Code of the Russian Federation mentions transportation by public transport within the framework of the concept of a public contract.

4. In Art. 510 of the Civil Code of the Russian Federation, the concept of transport is used in connection with the seller’s obligation to deliver goods, which can be implemented by shipping them (the goods) by transport provided for in the supply contract.

5. In art. 607 of the Civil Code of the Russian Federation, the objects of the lease agreement include vehicles that are non-consumable items.

6. In Art. 625 of the Civil Code of the Russian Federation, a vehicle lease agreement is named as a separate type of lease agreement.

7. § 3 ch. 34 of the Civil Code of the Russian Federation, which is specifically designed to regulate relations related to the rental of vehicles, there are two types of vehicle rental agreements: with and without a crew.

8. Ch. 40 of the Civil Code of the Russian Federation, which represents the bulk of the rules governing relations related to the use of transport.

9. Ch. 41 of the Civil Code of the Russian Federation – transport expedition. Just like the previous chapter, it regulates relations related to transport, or more precisely, the organization of transportation.

10. In the rules on tort liability there is also a mention of vehicles. Yes, Art. 1079 of the Civil Code of the Russian Federation in paragraph 1 indicates that

An activity that is associated with increased danger to others is the use of vehicles and machinery.

11. In Section V of the Civil Code (Inheritance Law) you can also find a mention of vehicles. So, in Art. 1184 of the Civil Code states that

means of transport and other property provided by a state or municipal entity on preferential terms to the testator due to his disability or other similar circumstances are included in the inheritance and are inherited on a general basis.

Now the following characteristics of a vehicle are copied in the literature and from site to site:

— its use is possible only with qualified management and proper technical operation (Article 645 of the Civil Code of the Russian Federation);

— it is intended for transporting goods, passengers, luggage, towing objects and is capable of moving in space along with them (Article 647 of the Civil Code of the Russian Federation);

- it has signs of a source of increased danger (Article 1079 of the Civil Code of the Russian Federation).

Moreover, on many sites for some reason they forget to indicate the author who derived these signs. So, my dears, these signs were brought out by Professor E.A. Sukhanov.

I don’t know why, but in some miraculous way, this author’s point of view has struck a chord with the absolute majority of legal theorists and authors of legal websites and is now being cloned on many legal websites, in particular, where a vehicle lease agreement is described.

The problem is that Professor E.A. Sukhanov, in my humble opinion, clearly did not indicate all the characteristics of vehicles. This is the first thing.

Secondly, we listen less to legal theorists. Theory is for law students, let them fill their brains with legal matters.

My goal, as a practice, is to show you the real state of affairs. Let's derive the definition of a vehicle in civil law, for example, for a vehicle rental agreement.

Here, look here. If we follow the characteristics that the above-mentioned professor highlighted in one of his monographs, then what will the same excavator be?

An excavator does not transport cargo, passengers, luggage, or tow objects, right? It is designed to perform certain construction and repair work.

It turns out that the excavator is not a vehicle, since it does not fall under one of the above criteria.

At the same time, agreements on the provision of excavators for rent, as well as contracts, are quite common in practice.

This is a clear example of the fact that all these legal theories are nothing more than the thoughts of a particular scientist.

Since there is no concept of a vehicle in civil legislation, it means that it is necessary to derive some characteristics of vehicles.

As for me, it would be better to resolve practical issues. This is how, for example, I recently resolved the question of how to re-register contractual relations if your counterparty carried out a reorganization in the form.

A real practical situation, by the way, where there is no place for theoretical speculations and delights.

But let's return to the topic of the article. Some believe that it is impossible to derive a single definition of a vehicle in civil legislation only because every year technology develops in one way or another, and new types appear.

If civil legislation does not provide a clear definition of what is considered a vehicle, then you need to delve into judicial practice and find the answer to this question.

I found the following court decisions. Let me clarify that I analyzed judicial practice in relation to. So,

1. Resolution of the Federal Antimonopoly Service of the West Siberian District dated September 20, 2004 N F04-6774/2004 (A75-4786-15).

The argument of the court of first instance that the disputed tracked vehicle does not belong to the number of vehicles intended for driving on roads was not rightfully accepted, as it contradicts the concepts defined in Article 2 of the Federal Law of December 10, 1995 N 196-FZ “On Road Traffic Safety”. vehicle and road, from the analysis of which the court of appeal correctly concluded that the disputed tracked vehicle refers to vehicles intended for transporting people and goods on roads, including in the form of an undeveloped strip of land, but adapted for traffic, which includes clearings and profiles.

2. Resolution of the Eighth Arbitration Court of Appeal dated June 17, 2010 in case No. A75-7300/2009.

From the text of the lease agreement dated April 2, 2008 N T-N, it follows that the lessor leased the DEK-251 crane to the lessee for construction and installation work at the lessee’s facility.

Decrees of the Government of the Russian Federation dated October 23, 1993 N 1090, dated June 29, 1995 N 647, dated May 7, 2003 N 263, Federal Law dated December 10, 1995 N 196-FZ “On Road Traffic Safety” define a vehicle as a device intended for transportation along the roads of people, goods or equipment installed on it.

The All-Russian Classifier of Fixed Assets OK 013-94 (Resolution of the State Standard of the Russian Federation dated December 26, 1994 N 359) similarly establishes the concept of “vehicle” as a means of transportation intended for the movement of people and goods.

According to the All-Russian Classifier of Fixed Assets OK 013-94, general-purpose crawler cranes are classified as machines and equipment (lifting and transport equipment - 142915000).

According to the crane's passport, which was added to the case file by the court of appeal, its intended purpose is to carry out installation and loading and unloading operations.

The crane is not intended for transportation (movement, movement) of people and cargo. The use of a crane does not apply to the Traffic Rules, Rules for State Registration of Motor Vehicles and other types of self-propelled equipment.

State registration of the crane as a vehicle was not carried out by the traffic police.

The listed circumstances indicate that the crane is not a vehicle, in the sense given to it by paragraph 3 of Chapter 34 of the Civil Code of the Russian Federation and Federal Law dated December 10, 1995 N 196-FZ “On Road Safety”, whereby the agreement dated 02.04 .2008 N T-N is not a vehicle rental agreement with the provision of management and technical operation services.

3. Resolution of the Thirteenth Arbitration Court of Appeal dated October 29, 2009 in case No. A56-5884/2009.

From the text of the agreement concluded between the parties, it follows that the defendant was provided with an MKG-25BR assembly crane for construction, installation and loading and unloading work.

In accordance with Federal Law No. 40-FZ of April 25, 2002 “On compulsory civil liability insurance of vehicle owners,” a vehicle is a device designed to transport people, cargo or equipment installed on it along the roads.

According to the description of the crane, added to the case file by the court of appeal, by its intended purpose it is not a vehicle, it is intended for installation and loading and unloading work, the main working equipment is a tower-boom.

Thus, the contract concluded by the parties is a contract for the provision of services.

That is, judicial practice, when defining the concept of a vehicle, is guided, firstly, by the provisions of Art. 2 of the Federal Law “On Road Safety”, Art. 1 of the Federal Law “On compulsory insurance of civil liability of vehicle owners” and clause 1.2 of the Traffic Rules that

Vehicle is a device designed to transport people, goods or equipment installed on it on roads.

and secondly, the All-Russian Classifier of Fixed Assets OK 013-94, approved. Resolution of the State Standard of the Russian Federation dated December 26, 1994 N 359.

A vehicle is a vehicle designed to move people and goods.

Accordingly, if you want to find out whether a particular device or vehicle belongs to a vehicle, you need to open the All-Russian Classifier of Fixed Assets OK 013-94.

Since judges use it when determining whether a particular vehicle is a vehicle, then we must be guided by it when determining what type of lease agreement should be concluded - a regular lease agreement (if your device or vehicle is not classified by the All-Russian Classifier of Fixed Assets OK 013-94 vehicle) or a vehicle rental agreement.

We open group 15 0000000 “Transport vehicles” of the All-Russian Classifier of Fixed Assets OK 013-94 and find there all the devices and vehicles that are currently considered vehicles.

15 3410000 Cars

15 3410010 Passenger cars
15 3410020 2 Trucks, road tractors for semi-trailers (general purpose vehicles: flatbeds, vans, tractors; dump trucks)
15 3410030 Buses and trolleybuses
15 3410031 Buses
15 3410032 Trolleybuses
15 3410040 Special vehicles, except those included in the group 14 3410040

15 3420000 Trailers and semi-trailers

15 3420020 Trailers and semi-trailers for cars and tractors

15 3510000 Vessels

15 3511000 Commercial and passenger ships

15 3511010 Self-propelled sea vessels
15 3511011 Dry cargo self-propelled sea vessels
15 3511012 Tankers and combined self-propelled sea vessels
15 3511013 Passenger and cargo-passenger sea vessels
15 3511014 Tugboats, technical, auxiliary self-propelled sea vessels
15 3511020 Non-self-propelled sea vessels
15 3511021 Dry cargo and liquid non-self-propelled sea vessels
15 3511022 Technical and auxiliary non-self-propelled sea vessels
15 3511030 Self-propelled river and lake vessels
15 3511031 Dry cargo and liquid self-propelled river and lake vessels
15 3511032 Passenger and cargo-passenger river and lake vessels
15 3511033 Towing, technical and auxiliary self-propelled river and lake vessels
15 3511040 Non-self-propelled river and lake vessels
15 3511041 Dry cargo non-self-propelled river vessels
15 3511042 Non-self-propelled liquid river and lake vessels
15 3511043 Technical and auxiliary non-self-propelled river and lake vessels
15 3511050 Fishing vessels (mining, processing and receiving and transport)

15 3512000 Sports, tourist and pleasure boats

15 3512010 Motor sports, tourist and pleasure vessels
15 3512020 Sailing sports, tourist and pleasure vessels
15 3512030 Rowing sports, tourist and pleasure boats
15 3512040 Marine boats
15 3512050 Lifeboats, rafts and rescue and work boats
15 3512090 Other recreational and sports watercraft

15 3520000 Railway transport vehicles

15 3520010 Locomotives and rail rolling stock (electric locomotives, diesel locomotives, gas turbine locomotives, steam locomotives; freight cars, gondola cars, platforms, tank cars, refrigerator cars, dump cars, passenger cars, tram cars, subway cars)

15 3531000 Aircraft

15 3531010 Aircraft without mechanical propulsion (balloons, airships, balloons, gliders, hang gliders and others)
15 3531020 Airplanes and helicopters (passenger airplanes, specialized civil airplanes, training and sports airplanes, transport and cargo airplanes, passenger helicopters, transport and cargo helicopters)

15 3532000 Spacecraft

15 3532010 Spacecraft, stations and spacecraft, including satellites

15 3591000 Motorcycles, scooters, mopeds and trailers for them

15 3591010 Motorcycles, scooters and mopeds
15 3591020 Trailers for motorcycles, scooters and mopeds

15 3592000 Bicycles and wheelchairs

15 3592010 Bicycles
15 3592020 Wheelchairs

15 3599000 Other means of transport, not included in other groups

15 3599010 Vehicles driven manually (wheelbarrows, luggage carts, hand carts, trolleys, wheeled platforms of various types and others)
15 3599020 Vehicles driven by animal traction (gigs, carts, hearses and others)
15 3599030 Electrically-powered intra-facility transport vehicles (electric cars, electric forklifts, electric carts and others)

At the same time, if you looked carefully at the types of vehicles, you were probably able to notice that clearly not all types of vehicles familiar to us are indicated there.

Here are three special vehicles for your snack, which I personally did not find in the grouping of vehicles in the All-Russian Classifier: tow truck, truck crane, fire truck.

As you yourself probably guess, these vehicles are not intended for transporting people and goods and that is why they are not included in the subsection “Transport vehicles” of the All-Russian Classifier of Fixed Assets OK 013-94.

However, if we study the All-Russian Classifier more closely, we will find that the specified funds are included in the subsection of the specified Classifier “Machinery and Equipment”, code 14 3410000

Fire fighting vehicles and special vehicles for municipal services (cleaning vehicles, vehicles for housing, gas, city energy services and other special vehicles)

And what? It turns out that if these three special vehicles are not included in the list of vehicles in the All-Russian Classifier, then they are not considered vehicles.

The question is quite interesting, and, as always, we will try to find the answer to it in judicial practice.

Personally, I dug up these judicial acts:

1. Determination of the Supreme Arbitration Court of the Russian Federation dated November 28, 2008 N 15282/08

As established by the courts, an agreement dated May 25, 2005 N 01/05 was concluded between the limited liability company Transokeanik and the limited liability company Dorstroyproekt, under the terms of which the company agreed to provide the client with a KATO NK-750YS-S truck crane with a capacity of 50 tons for payment for temporary use with the provision of services for its management and technical operation.

The said agreement terminated on June 15, 2005, that is, at the end of the term of the agreement established by the parties.

Due to the defendant's failure to pay for services provided in January 2006, the plaintiff filed a lawsuit with these demands.

The appellate court, overturning the decision of the first instance court in terms of interest, came to the conclusion that, by its legal nature, the agreement concluded by the parties is a lease agreement for a vehicle with a crew, the relationship under which is regulated by the provisions of paragraph 3 of Chapter 34 of the Civil Code of the Russian Federation, therefore the rules on the renewal of a contract for an indefinite period are not applicable in this case, and the work performed during the disputed period is not related to the contract dated May 25, 2005 N 01/05.

2. Determination of the Supreme Arbitration Court of the Russian Federation dated July 7, 2008 N 4458/06

When considering the dispute, the courts found that the parties concluded agreements dated May 27, 2002 b/n and dated May 20, 2002 N 81, under the terms of which the military unit undertook to transfer the Kato-75 truck crane to the company for temporary use.

According to clause 2.1.1 of the agreements, when transferring the truck crane, the parties draw up a technical condition report.

Evaluating these agreements, the courts came to the conclusion that, by their legal nature, they are agreements for the lease of a vehicle without a crew.

In addition, the courts recognized that the subject of both contracts was the same truck crane.
The applicant's argument that the subject matter of the contracts was not agreed upon by the parties was considered by the appellate court.

The court indicated that these contracts meet the requirements of Articles 642-643 of the Civil Code of the Russian Federation and contain all the essential conditions necessary for this type of contract, including the subject matter.

3. Resolution of the Federal Antimonopoly Service of the North Caucasus District dated June 25, 2009 in case No. A61-1277/2008-13)

As can be seen from the case materials, Soyuz-3 CJSC (lessor) and Stroyprogress LLC (tenant) entered into a property lease agreement dated 02/01/2006, under the terms of which the lessor agreed to transfer to the lessee for temporary possession and use a MAZ-500 truck crane in good working order condition.

For the use of the property, the tenant pays rent in the amount of 1,725 ​​rubles per day (clause 2 of the agreement). According to clauses 5.1 and 5.2 of the agreement, the lessor is obliged to carry out major repairs of the property, maintain it in good condition, and carry out repairs at his own expense.

The tenant is obliged to use the property in accordance with its purpose and the terms of the contract, as well as provide fuel and lubricants (diesel fuel, oil).

In pursuance of the terms of the agreement, the lessor transferred to the lessee a MAZ 5334 truck crane based on a MAZ vehicle, state registration number N 072 AC 15 rus.

The courts, having examined the circumstances of the case, assessed the terms of the property lease agreement dated 01.02.2006, the explanations of the driver of the truck crane V.I. Kuznetsov. dated 05/18/2006, being an employee of the plaintiff, came to the conclusion that the agreement concluded by the parties by legal nature is a lease agreement for a vehicle with a crew.

By virtue of Article 632 of the Civil Code of the Russian Federation, under a lease (temporary charter) agreement for a vehicle with a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use and provides its own services for its management and technical operation.

The applicant’s arguments that the concluded agreement is not a lease agreement for a vehicle with a crew and it was not a car that was leased, but an automobile crane mounted on a MAZ-5334 chassis, and therefore the norms of paragraph 3 of Chapter 34 of the Civil Code of the Russian Federation are not subject to application , insolvent.

The case materials include a vehicle passport 15 MK 435427 dated July 18, 2008 and a certificate of state registration of the vehicle.

The courts found that a MAZ 5334 truck crane based on a MAZ truck was leased.

In addition, leasing only a crane without a vehicle entails the inability to use the crane for its intended purpose, which does not meet the content of the lease agreement and the interests of the parties.

What conclusions follow from this?

Judicial practice includes as vehicles not only those devices and vehicles that are designated in the “Vehicles” group of the All-Russian Classifier, but also special vehicles that are designated in the “Machinery and Equipment” section of the said classifier.

Well, we seem to have figured out what is meant by a vehicle, but that’s not all.

With the rental of a bus, ship or helicopter - everything is now very clear - these are vehicles, and if you plan to rent/rent them, you will enter into a vehicle rental agreement, and not a regular rental agreement.

You may have problems determining the type of rental agreement required for concluding a lease agreement when you want to rent out/rent some special equipment.

Remember at the beginning of the article I gave an example with an excavator? So, now it is completely clear that this is not a vehicle according to the All-Russian Classifier.

What is special equipment anyway?

Speaking in everyday terms, all existing special equipment is quite diverse, but at the same time it can be conditionally divided into the following types:

Automotive special equipment- these are trucks for transporting special cargo (tankers, timber trucks, fuel trucks, scrap trucks, etc.), many of which are equipped with additional mechanisms (for mixing or unloading) and special fastenings (for special cargo).

Municipal special equipment- this is equipment used for cleaning and clearing areas: watering machines, snow removal machines, sand spreading machines, silt pumps, street sweepers, garbage trucks, sewer washing machines, etc.

Lifting equipment— these are hydraulic manipulators, manipulator cranes, hydraulic lifts, tail lifts and aerial platforms, the main task of which is loading and transporting goods.

Modern cranes can be easily installed on trucks, while they have compact dimensions and a large boom reach, thereby ensuring greater labor productivity.

Road special equipment— this is equipment for the construction, repair and improvement of roads: asphalt rollers, road milling machines, asphalt pavers, concrete pavers, recyclers.

Construction equipment- these are excavators, concrete equipment, some loader cranes, hydraulic lifts, loaders, etc. The range of this special equipment is very wide.

Agricultural special equipment- these are, first of all, tractors, mowers, combines, milking machines, etc. Almost all agricultural operations are automated.

Is it possible to equate the above-mentioned special equipment to a vehicle in civil law?

Again, we will look for the answer to this question in judicial practice for the purposes of concluding a vehicle rental agreement.

If you look at the All-Russian Classifier, you will notice that many types of special equipment are presented in the “Machinery and Equipment” section.

So, in judicial practice, no matter how much I have analyzed it, there is no single approach to resolving the issue of the possibility of applying the norms of the Civil Code of the Russian Federation on the rental of vehicles to special equipment.

In particular, disagreements arise in relation to road-building self-propelled machines (construction equipment), such as a tower crane, motor grader, bulldozer, and excavator.

At the moment, two diametrically opposed legal positions dominate in judicial practice.

First position.

1. has a different purpose compared to that provided for in the definition of a vehicle given in the law and other regulations on motor vehicles.

See for example

— Resolution of the Twelfth Arbitration Court of Appeal dated 08/02/2012 in case No. A57-3564/2012;
— Resolution of the Thirteenth Arbitration Court of Appeal dated October 29, 2009 in case No. A56-5884/2009
- Resolution of the Twelfth Arbitration Court of Appeal dated 06/01/2010 in case No. A57-25771/2009).

Moreover, the fact that clause 1.2 of the Traffic Rules extends the term “motor vehicle” to self-propelled vehicles does not mean that these vehicles are literally vehicles (see Resolution of the Fifteenth Arbitration Court of Appeal dated April 13, 2009 N 15AP-8473 /2008).

2. is not included in the “Means of Transport” section of the All-Russian Classifier of Fixed Assets.

This is stated in the following judicial acts:

— Resolution of the Twelfth Arbitration Court of Appeal dated 06/01/2010 in case No. A57-25771/2009;
— Resolution of the Eighth Arbitration Court of Appeal dated June 17, 2010 in case No. A75-7300/2009.

In accordance with this position of the courts, the general rules of § 1 Ch. 34 of the Civil Code of the Russian Federation on the rental of property, and not the rules of § 3 Ch. 34 of the Civil Code of the Russian Federation on the rental of vehicles.

Accordingly, the lessor will have the right to demand the return of the property only after a month has passed after he warns the tenant about the cancellation of the contract (Clause 2 of Article 610 of the Civil Code of the Russian Federation).

If, at the end of the lease period, the lessor does not demand the return of the self-propelled vehicle, then the lease agreement concluded by him will be extended for an indefinite period in accordance with Art. 621 of the Civil Code of the Russian Federation, and will not cease to operate in accordance with Art. 632 of the Civil Code of the Russian Federation (see Resolution of the Third Arbitration Court of Appeal dated March 20, 2008 N A33-14008/2007-03AP-471/2008).

The provisions of Ch. 39 of the Civil Code of the Russian Federation on the provision of paid services.

In this case, the landlord will have the right to collect from the tenant not the amount of rent established by the agreement, but the confirmed cost of the services provided to him under the agreement (see Resolution of the Federal Antimonopoly Service of the Volga District dated March 2, 2009 in case No. A65-6054/2008).

Second position.

Self-propelled construction equipment and machines such as combine harvesters and tractors are vehicles.

See for example

— Determination of the Supreme Arbitration Court of the Russian Federation dated October 16, 2009 N VAS-13577/09;
— Determination of the Supreme Arbitration Court of the Russian Federation dated April 30, 2009 N VAS-5269/09;
— Resolution of the Federal Antimonopoly Service of the Volga District dated February 22, 2008 in case No. A65-9278/2007-SG2-6;
— Resolution of the Thirteenth Arbitration Court of Appeal dated March 29, 2010 in case No. A56-44602/2009;
— Resolution of the Federal Antimonopoly Service of the West Siberian District dated March 25, 2010 in case No. A75-7935/2009;
— Resolution of the Seventeenth Arbitration Court of Appeal dated 09.10.2008 N 17AP-7281/2008-GK;
— Resolution of the Eighth Arbitration Court of Appeal dated September 28, 2010 in case No. A81-5328/2009;
— Resolution of the Thirteenth Arbitration Court of Appeal dated April 23, 2010 in case No. A56-32092/2009;
— Resolution of the Third Arbitration Court of Appeal dated December 7, 2010 in case No. A33-11693/2010;
— Resolution of the Federal Antimonopoly Service of the North Caucasus District dated June 14, 2005 N F08-2398/2005.

This position is justified by the courts by the fact that this technique:

1. registered with the state technical supervision authorities as a self-propelled vehicle (see Resolution of the Federal Antimonopoly Service of the Ural District dated September 15, 2008 N F09-6311/08-S4, Resolution of the Federal Antimonopoly Service of the Northwestern District dated July 28, 2008 in case No. A66-1490/2007);

2. capable of moving in space under the control of a specialist, complies with the definition of a vehicle given in the Federal Law of December 10, 1995 N 196-FZ “On Road Safety”.

Moreover, the fact that in the All-Russian Classifier of Fixed Assets OK 013-94 this equipment is classified as machinery and equipment does not mean that it cannot be the subject of a vehicle rental agreement

(see, for example, Resolution of the Fourth Arbitration Court of Appeal dated June 25, 2009 in case N A58-129/07, Resolution of the Seventeenth Arbitration Court of Appeal dated July 14, 2008 N17AP-4273/2008-GK.

Personally, I adhere to the second position that special equipment can be considered a vehicle for the purposes of the lease agreement.

At the same time, taking into account the ambiguity of judicial practice, I advise you, when agreeing on construction and other self-propelled equipment as a rental object, to proceed from judicial practice directly in your region.

If the courts in your region do not recognize special equipment as a vehicle for the purposes of a vehicle rental agreement, then I recommend that you conclude not a bareboat rental agreement, but a regular property rental agreement.

Thus, based on all of the above, let’s bring out the definition of a vehicle in civil law to all theorists out of spite.

My definition of a vehicle in civil law would be:

Vehicles- these are vehicles designed to move people and goods, as well as special equipment designed to perform certain tasks, included in the All-Russian Classifier of Fixed Assets OK 013-94, approved. Resolution of the State Standard of the Russian Federation dated December 26, 1994 N 359 and recognized as such by judicial practice in a specific region of Russia.

Now we can put an end to this issue.

Do you agree with my definition? What do you mean by the concept of a vehicle in civil law?

Attention: I do not provide consultations over the phone on the issues outlined in the article. The article outlines my vision of the situation and provides a working solution to the problem. If you still have questions about the topic of the article, please ask them in the comments below. Thank you!