Fine for overweight on a truck. What is the permissible overload of a truck

Accident statistics clearly show that cars with excess cargo become a direct threat to the safety of all road users. An overloaded passenger car loses stability and maneuverability, it can suddenly break down, changing the trajectory of movement. Carrying extra passengers in the car can also lead to negative consequences. Therefore, according to the rules of traffic rules, excess cargo and passengers in the car are considered an administrative offense, which provides for a fine for overloading passenger car.

According to the Code of Administrative Offenses of the Russian Federation, overload of the vehicle along the axes, which provides negative impact on the roadway, applies exclusively to trucks. But this does not mean at all that it is possible to load a passenger car “to the eyeballs” with cargo or passengers with impunity.

In terms of security traffic Overloading a car is just as dangerous as overloading a truck.

The danger of overload is as follows:

• The car loses stability on the road. Sudden braking can cause loss of control.
• The vehicle's center of gravity shifts. The load on the rear leads to skidding on turns and provokes the vehicle to roll over or collide with other vehicles.
• A car with an extra load “sags”, and while driving, it touches the bottom and bumper of the roadway. And this leads to damage to the road surface.

Do not forget that overload negatively affects the condition of the car itself. exceeding the permissible load has a negative effect on frames, spars and shock absorbers, dramatically reducing their service life.

Extra cargo

Car owners filling a passenger car with cargo or trying to transport large items in it are often guided solely by their own interests and do not take into account the inconvenience they cause to other road users. At the same time, an overloaded passenger car is a direct threat to everyone.

Excess cargo in a car is dangerous for the following reasons:

• The driver has limited visibility, so he cannot control the situation to the side and rear of the car.
• The load shifts the center of gravity or may suddenly move, causing the vehicle to lose stability while driving. The car can easily lose control, its braking distance will also increase.

Extra passengers

The temptation to put extra passengers in the passenger compartment of the car periodically arises for many drivers, although the limit on the number of people who can be transported in the cabin is clearly stated in the documents for the car.

The regulated number of passengers is set for traffic safety reasons. For each in the cabin there is a seat belt that can protect the passenger in the event of an accident. Extra people cause an overload of car passengers, and also create interference for the driver in the process of driving it.

How the inspector determines the overload of the "passenger car"

Exceeding the number of passengers in the cabin will definitely attract the attention of the traffic police inspector, and it will be impossible to challenge the fine issued for this violation. The employee has the right to stop and punish the driver of a car carrying more than four passengers. According to the rules, each passenger must be secured with a seat belt while driving. If someone does not have enough belt, this fact is considered a violation and provides for administrative punishment.

A separate point is the carriage of minor passengers in the cabin. Many drivers believe that 5 seats in a car are intended for adult passengers, and a child can be transported on his knees. But according to the rules, children are the same passengers who must be located on the seat and fastened with a seat belt. For children under 12 years old, a special seat () must be installed in the car.

The fact of transportation of excess cargo is established visually. If the load blocks the driver’s view, the car sags under the weight of the load and hits the roadway with a bumper, or parts of the load protrude beyond the car, which interferes with other road users, the inspector has the right to stop the vehicle and fine the driver.

Administrative penalty for overloading a car

The penalty for overloading the vehicle is charged on the basis of the Code of Administrative Offenses of the Russian Federation. According to this document, driving on the highway with a load exceeding the maximum allowable load for this category of vehicle and / or preventing the driver from fully driving the car is punishable a fine of 500 rubles.

You will have to pay twice for overloading with people:

• 500 rubles - punishment for the passenger
• 1000 rubles - a punishment for the driver for overloading.

In any case, the driver will have to pay a fine for overloading with people, so in total he must pay 1,500 rubles out of his pocket. For transporting a child on his lap, the driver will be punished with a fine of 3,000 rubles.

Important. The number of people transported in excess of the norm does not affect the amount of the fine. Regardless of the number of extra passengers, the fine will be 500 and 1 thousand rubles for the very fact of violating the rules for transporting people.

Another important question is what is the penalty in 2018 in case of transportation of a passenger in a place not intended for this (in the trunk, on the hood, etc.) The fine for this administrative offense is 1000 rubles.

A fine for overloading a car is not the most terrible consequences for the driver. Driving a vehicle loaded in excess of the norm is fraught with unpredictable consequences, therefore, for safety reasons, it is still not worth allowing it.

Reading time: 4 minutes

Most drivers are accustomed to consider the issue of permissible loading of a passenger car not deserving of special attention. Practice shows that the fine for overloading a car, which is widely used on the roads of the country in 2020, has forced many to reconsider their attitude to this topic.

Why overload is common

We remember very well that once upon a time only taxi drivers were afraid to put an extra person in a car, who were especially closely watched by the traffic police. The rest of the people driving cars paid little attention to the fact that sometimes their understanding of the carrying capacity of the car conflicted with the numbers in its registration certificate. The only thing holding back some motorists was common sense.

He said that the overload in the end will necessarily affect the expenditure item of the personal budget. Racks, shock absorbers, spars - all this in order will become unusable and will require replacement. The amount of upcoming unplanned expenses can be approximately calculated; therefore, extra people in the cabin and heavy bags in the trunk for the most part serve as an annoying factor for careful drivers.

Excessively loaded cars, until recently, moved freely in the city and beyond. Maybe there were more pressing issues that should have been addressed first, or overloading was not generally considered a violation worthy of attention from the representatives of the law, but the fact remains: they were not fined for this.

Why do we think something has changed? The question of how much the traffic police fine is for overloading passengers in 2020 began to appear frequently in search engines, indicating that the problem has gained in scale.

Overload danger

The reason for the active interest of the masses is on the surface - this is the increased attention of inspectors on the roads. Moreover, overload can become both the main reason for stopping the car, and an aggravating circumstance when speeding or performing a prohibited maneuver.

In other words, for whatever reason a passenger car is stopped, along with questions about the availability of a driver’s license and a registration certificate, a possible excess of its carrying capacity and the number of people in the cabin will be checked.

Extra cargo

This is the most common violation. As they say, so as not to run twice, when moving apartments, transportation household appliances or trips to the country and back, people try not to leave in the car, figuratively speaking, not a single cubic centimeter of unfilled space. They calculate the efficiency of a trip by dividing the amount of fuel used by the distance.

But the trouble is that when making such calculations, they take into account only their own interests, without thinking at all about how acceptable it is for other road users.

Accident statistics across the country, unfortunately, show that an overloaded car is a direct threat both to its driver and to all other road users:

• Firstly, the load can be positioned in such a way that it completely or partially blocks the viewing space, thereby provoking an emergency.
• Secondly, on an overloaded car, the stability indicator sharply decreases, which makes driving such a vehicle unpredictable.
• Thirdly, overloading the machine is a risk factor that can at any time cause a breakdown that can drastically affect the trajectory of movement.

Extra passengers

Now, as for the innocent prank that almost all drivers allow themselves from time to time. We are talking about extra people in the car. And although the documents on the car clearly indicate the number of seats, manufacturers often turn a blind eye to this prescription when they need to put close people or fellow travelers in the car.

The question of what is the penalty for overloading people arises only when one has to personally face the need to answer for the violation. In fact, a clear regulation of the number of passengers comes primarily from the need to ensure the maximum level of safety for them.

And if not everyone in the car has enough seat belts, then this is a serious reason to think about the advisability of hitting the road.

Today, a passenger car is a vehicle that can quickly pick up high speed, perform complex maneuvers on it and at the same time give a feeling of complete comfort behind the wheel. However, with the increase in speeds and conveniences, driving has not, unfortunately, become much safer.

Moreover, with a sharp increase in the number of vehicles on the roads, the likelihood of accidents has increased. How an accident can end for an unfastened passenger, probably, no one needs to explain.

Punishment

The Code of Administrative Offenses provides for punishment for overloading. So what are they fined for? If the car is driving with a load that exceeds the maximum allowable load for it and / or prevents the driver from fully driving the car, then the fine will be 500 rubles, since the rules for transporting goods provided for by the same Code of Administrative Offenses will be violated.

If there are more passengers in the car than there are seat belts, then the fine will be issued to the driver:

• 500 rubles - for violation of the rules of transportation;
• 1000 rubles for each unfastened passenger.

In addition, each passenger who was not fastened while driving will also be fined 500 rubles. Here you will find the complete for reference.

Car overload. What threatens to overload the car: Video

Reading time: 6 minutes

The movement of freight transport on the roads is strictly regulated. The reason is that it is such transport that is the main destroyer of roads. Heavy trucks are very dangerous for bridges and viaducts, especially old ones. These structures under an overloaded truck can even collapse, so road signs 3.11 and 3.12 are almost always placed in front of them, limiting the mass of the vehicle and the load on its axles. However, wanting to earn more, drivers and car owners often commit violations. Let's talk about how a fine is assigned for overloading an axle in 2020.

The concept of vehicle overload and methods for its determination

A modern truck is a high-tech product, in which a lot of different parameters are taken into account at the development stage, in particular, the permissible weight of the cargo being transported. The ability of car structures to withstand the mass of cargo without destruction and deformation depends on this indicator.

For the preservation of highways, the most important indicator is the axle load. The reason is that the car with its wheels exerts on the road not a distributed, but a point load.

What is the danger of overloading transport

Exceeding the maximum load weight can lead to the destruction of the vehicle frame and its running gear. The engine of the car in this case also works in transcendental modes and wears out faster.

The important point is that the stopping distance of the machine specified in the technical documentation is calculated based on its allowable weight.

When overloaded, the braking distance increases, which can cause an accident. In addition, this leads to a shift in the center of gravity of the machine and, as a result, to drifts and overturning of trucks.

Roads are also built in accordance with standards and are designed for a certain maximum load. Overloaded transport destroys them, not only worsening the conditions of travel, but also causing multimillion-dollar losses to the country's road industry.

Heavy vehicles are especially dangerous during spring road closures. At this time, the soil saturated with moisture changes its properties and cannot hold the load allowed in other periods. That is why temporary restrictions on the movement of heavy vehicles are being introduced.

On various bridge-type overpasses, overloading of vehicles can cause their destruction and even collapse, which, in turn, leads to human casualties and multimillion-dollar damage. For these reasons, Russian law provides for administrative liability for the fact of overload, and in case of severe consequences, liability arises under the relevant articles of the Criminal Code.

Obtaining a special permit for the carriage of goods

Sometimes it becomes necessary to transport luggage that is normally prohibited to transport. These can be dangerous, oversized or especially heavy goods, for the transportation of which, under normal conditions, the culprit is expected to be fined by the traffic police.

In the Order of the Ministry of Transport of the Russian Federation of 08.08. 1995 No. 73 presents a list of such goods and establishes the rules for organizing their transportation. To obtain a permit, you must submit an application, which should be accompanied by:

• a copy of the TCP on which transportation is planned;
• the layout of the cargo on the vehicle;
• documents establishing technical requirements for transportation.

The application is submitted to the body whose powers allow to resolve the issues of a particular situation. These may be federal, republican, regional or local authorities responsible for the transportation and operation of motor roads, or the owners of such roads.

This information is set out in the Federal Law of November 08, 2007 No. 257-FZ “On highways and road activities in Russian Federation and on amendments to certain legislative acts of the Russian Federation”.

If the driver agrees to carry such goods without an appropriate permit, he, on the basis of Art. 12.21.2 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ will not only pay a fine, but also lose driving license. Corresponding penalties will be imposed on the consignor, as well as on the officials responsible for this.

Road weight checkpoints

When paying for the delivery of goods, the tonne-kilometer indicator is used, that is, the cost of transporting one ton of cargo per kilometer. The indicator is multiplied by the total weight of the cargo and the length of the route. The cost of cargo transportation is set subject to compliance with all transportation rules, including the maximum weight and axle load.

If, having received the payment for transportation, these rules are violated, you can get additional profit. In this case, there is a risk of damage to the vehicle, accidents, destruction of roads and overpasses. However, for the sake of obtaining excess profits, carriers take risks.

Government authorities are aware of this. To control violations of this type, there are points for weighing cars - mobile and stationary. The latter are more common.

There are two types of weighing:

1. Dynamic, when a car with a load moves along the weight complex at a speed of no more than 5 km/h. In this case, special axle scales are used, which estimate the weight of each axle. The total weight of the transport is determined by adding them. The main disadvantage of the method is its low accuracy. The error with this method ranges between 0.5 and 3%.
2. Static. With this method, the truck stops at the weighing complex and is weighed. This method is highly accurate and is often used for commercial weight determination.

How to determine the axle load yourself

The weight of the machine is distributed along all its axes, but this distribution is uneven. A large load usually falls on the rear axle, since the cabin and engine are located above the front axle. However, in an empty car, the load on the front axle is greater.

In small GAZelle-type cars (and there is also a penalty for overloading the GAZelle), the load is distributed approximately like this: ⅓ of the total weight of the car is on the front axle, ⅔ on the rear. For example, for a GAZelle with a total weight of 3.5 tons, the load on the front axle is 1200 kg, and on the rear axle - 2300 kg.

Larger vehicles such as KamAZ have three axles, the two rear of which are brought together in a cargo trolley. In such a car weighing 19650 kg, the load on the front axle is 4420 kg, and on the cargo trolley - 15230 kg. That is, in such vehicles, the cargo trolley accounts for approximately 75% of the total mass of the vehicle.

Gross vehicle weight is the sum of the weight of the vehicle itself and the load in it.

Let us give an example of calculating the axle loads of a train from a tractor and a trailer. Suppose a tractor and a trailer have 3 axles each and weigh 8 and 10 tons, respectively. The weight of the cargo in the trailer is 20 tons.

75% of the total weight of the trailer lies on its axles and is distributed evenly over them. In this way:

Trailer axle load \u003d (10 + 20) * 0.75 / 3 \u003d 7.5 tons.

The total axle load of the tractor is equal to its weight and 25% of the gross weight of the trailer.

Tractor axle load = 8+ (10+20)*0.25=15.5 t.

The cargo trolley accounts for 75% of this mass = 15.5 * 0.75 = 11.6 tons, each axle - half of this weight = 11.6 / 2 = 5.8, tons. The front axle bears the remaining weight = 15.5-11.6 = 3.9 tons.

There are methods for determining the axle load by installing special sensors using software applications.

How to punish for overloading a car along the axles

The main penalty for overloading is a fine. The driver may also be deprived of a driver's license.

If the overload of the machine has led to other consequences associated with damage to property or the occurrence of an accident, in addition to the standard fine, the perpetrators will have to bear material, and in especially serious cases, criminal liability.

What are the fines

Persons participating in the organization of transportation of goods and directly transporting them are interested in what the penalty for reloading truck mobile. There are established maximum axle loads. They are presented in the table.

Cars of group A are intended for driving on roads of categories I, II and III, groups B - on all roads.

For violation of these requirements, as well as for ignoring the requirements of road sign 3.12, which limits the maximum axle load on certain sections of the track, a fine should be expected.

Separate fines are provided for individual entrepreneurs and legal entities that have ignored the requirement to obtain a mandatory permit for organizing the transportation of dangerous, oversized and especially heavy goods.

The amount of the fine for axle overload depends on the degree of exceeding the permissible limits:

If the norm is exceeded by more than 50%, the driver will be additionally deprived of their rights for 4 months. The vehicle will go to the impound lot or it will be blocked from moving.

There are also fines for exceeding the permissible weight of the vehicle:

For the lack of a transportation permit, a fine can reach 500 thousand rubles, for indicating inaccurate information about its weight in the cargo documents - 400 thousand rubles.

Other traffic violations are also punishable by fines.

Who is fined for overloading a vehicle?

Persons involved in one way or another in the organization of transportation are interested in who pays the fine for overloading the car:

• If the owner of the vehicle is a private person, the owner pays.
• If an organization is engaged in transportation, a fine is imposed on it and on officials responsible for a particular transportation.
• The driver will pay for ignoring road signs that limit the axle load on certain sections of the road.
• How much you have to pay, you can find out from the tables above.

Punishment for the transportation of oversized cargo

Carriers sometimes violate not only the permitted load indicators, but also carry goods that go beyond the permitted dimensions. Permits must also be obtained for such transportation.

Penalties are charged depending on how much the cargo protrudes beyond the dimensions of the vehicle or beyond the dimensions specified in the special permit.

Punishment for overloading a car

For passenger cars Mobile documentation also provides for maximum loads. The most obvious case of overloading a passenger car is a greater number of passengers in it than the seats provided. But the transportation of weights in excess of the established norms is also punished. In both cases, the fine will be 500 rubles.

Possibility of non-payment of a fine or its appeal

You just can't afford not to pay the fines that have been imposed on you. If you fail to pay within the 60 days allotted for this, you will end up in the databases of the executive service and you will immediately have problems, in particular, you will not be able to travel abroad. As a result, you still have to pay a fine voluntarily or it will be collected by force.

If you believe that a fine has been imposed on you illegally, such actions of officials should be appealed.

Conclusion

Overloading the axles of the vehicle is dangerous for the violator himself and those around him with the possibility of an accident. In addition, such trucks are extremely destructive to roads. For people to whom such arguments seem insufficient, we note that very tangible fines are provided for violation of the established rules.

What threatens for overloading the car: video

The struggle of legislators for the reloading of trucks (tonar, kamaz, volvo, scania, man, gazelle, on axles ...) on the roads originates from the effective solution of the problems of reloading wagons in railway transport. Only in 2014, 3 laws were adopted that changed the rules for the passage of heavy vehicles.

Fines for overloading freight transport in 2020

Background

It was there that the issue of controlling the overload of freight transport along the axes was worked out and, of course, the practice of collecting huge fines associated with damage to the road infrastructure (bed) of the Russian Federation was developed. It is estimated that about 20% of freight Vehicle moves with an overload of cargo, causing damage to the roadway.

The overload of the car is determined by the load on each axle: rear plus front. The total is the load of the weight of the car, transmitted through the wheels to the roadbed. Often the rear axle of a car carries more of the load than the front axle.

In most cases, permits for reloading are not issued. Accordingly, the damage caused to roads is not compensated. At the same time, drivers often do not know about overloading, since consignors indicate underestimated data on the consignment note.

Statistics have confirmed the effectiveness of the introduction of penalties for overload

From 100,000 to 200,000 violations of weight and size standards for trucks are recorded monthly, which leads to billions in damage to the state and taxpayers. In particular, in 2018, more than 20 bridges were damaged by demolition trucks on federal highways. The restoration of each of these objects will take 1.5-2 years.

Since the congestion penalty was introduced, the number of violations traffic rules decreased by 2.5 times. If things go on like this, then at such a pace, then over time, overload on the roads may become a rare occurrence, and their quality will improve significantly.

What served to reduce such offenses, as well as:

1. Reduced the likelihood of accidents because lengthening the stopping distance leads to an accident. It should be noted that the braking distance is lengthened by the inertia of the load and creates a high probability for the car to skid, which is inevitable in rainy weather and ice. And if the load is not secured, then there is a danger of tipping over and then other road users will suffer.
2. Extended the life of roads, especially in terms of increasing the life of the road before the formation of a rut. The problem of rutting has aggravated in recent years due to the rapid increase in traffic intensity, as well as abnormal temperatures in the summer.
3. Overloading leads to increased wear of parts and components of vehicles, as well as increases fuel and oil consumption.

You can deal with the problem yourself by reading the article to the end to find out how much the Penalty for overload, or use the services of our company.

What is the penalty for overloading in 2019

In case of an overload of more than 2% and not more than 10% on each of the axles and in general

• Vehicle driver (individual) from 1,000.00 to 1,500.00 rubles. (without disqualification).
• Official (responsible) person from 10,000.00 to 15,000.00 rubles.
• Legal entity from 100,000.00 to 150,000.00 rubles.
• In the case of automatic fixation in the amount of 150,000.00 rubles.

In the case of more than 10% and not more than 20% for each of the axles and in general

• Vehicle driver ( individual) from 3,000.00 to 4,000.00 rubles. (without disqualification).
• Official (responsible) person from 25,000.00 to 30,000.00 rubles.
• Legal entity from 250,000.00 to 300,000.00 rubles.
• In the case of automatic fixation in the amount of 300,000.00 rubles.

In the case of more than 20% and not more than 50% for each of the axles and in general

• Vehicle driver (individual) from 5,000.00 to 10,000.00 rubles, as well as deprivation of rights from 2 to 4 months.
• Official (responsible) person from 35,000.00 to 40,000.00 rubles.
• Legal entity from 350,000.00 to 400,000.00 rubles.
• In the case of automatic fixation in the amount of 400,000.00 rubles.

In the case of more than 50% on each of the axles and in general

• Vehicle driver (individual) from 7,000.00 to 10,000.00 rubles, as well as deprivation of rights from 4 to 6 months.
• Official (responsible) person from 45,000.00 to 50,000.00 rubles.
• Legal entity from 400,000.00 to 500,000.00 rubles.
• In the case of automatic fixation in the amount of 500,000.00 rubles.

The practice of our clients shows, it is necessary to advise drivers on what and how to say, where to sign, and where to put it does not agree. This will not only avoid fines for the company, but the driver will also avoid deprivation of rights. If the driver was involved more than 2 times under the article of the Code of Administrative Offenses of the Russian Federation in terms of overload, the court decision for the third time will be associated with deprivation of rights from 6 months. Such decisions are difficult to challenge on appeal, and even more so in cassation.

In some regions of Russia, there are additional restrictions on reloading for the summer period, as a rule, it begins to operate from the end of May to mid-August.

If the traffic route passes through the regions of the Russian Federation, study the entire route, additional changes and restrictions are possible. The amount is set depending on the severity of violations, and remember! - it is necessary to eliminate an administrative offense in any case, and punishment cannot be avoided.

Car weighing procedure

The procedure for determining the permissible mass of the vehicle at mobile points consists of the following key points:

• The weight of the car is determined exclusively on special equipment, namely the VA-20P scales, corresponding to GOST-R 53228-2009.
• The measurement results should not have an error exceeding plus or minus 20 kg.
• The procedure itself must be carried out in accordance with Federal Law No. 102 "On observance of the uniformity of measurements" and Order of the Ministry of Internal Affairs No. 1014 "List of verification tools".

How many weighing attempts

If during dynamic weighing the mass of the car turned out to be outweighed, the truck is stopped and sent to a stationary post for re-weighing.

During the control weighing, the driver must make sure that all officials have permission and certificates for this, and that the equipment is in good condition.

What should be the weight per axle?

• if the car has two axles - 18 tons.
• if three axles - 25 t.
• Vehicle with four axles - 32 t.
• five-axle - 35 t.

The memo to the driver sets the weight limits for the mass per axle with a single arrangement of them with a distance between them of 2.5 meters or more - from 5.5 to 11.5 tons. Read more about weight at the end of the article!

What law states

Legislative framework regulating the transshipment of trucks (having figured it out, "wipe your nose to any traffic inspector")

1. Federal Law No. 257 of 11/08/2007 legislated such concepts as: overload of freight transport, permissible weight, axle load, permissible axle load, highway, road users, indivisible cargo, etc.
2. Decree of the Government of the Russian Federation No. 934 dated November 16, 2009 determining the amount of damage and the rules for compensation for damage.
3. Federal Law No. 127 of July 24, 1998 “On Control over International Road Transport and on Liability for Violation of this Procedure”.
4. Code of the Russian Federation "On Administrative Offenses" art. 12.21 "Violation of the rules for the carriage of goods, the rules for towing."
5. By order of the Ministry of Transport of the Russian Federation dated 08.08.1995 No. 73, a list of dangerous goods and rules for their transportation.
6. Decree of the Government of the Russian Federation of April 15, 2011 No. 272. Annex 2 makes no distinction between single or dual wheels.
7. Decree of the Government of the Russian Federation of January 9, 2014 No. 12, entered into force on January 1, 2015.

• Population codifier for cities and towns.

Requirements for the transportation of goods in the Russian Federation

General requirements for the carriage of goods are defined in Sec. 23 of the Rules of the road. Thus, clause 23.1 of the Rules stipulates that the mass of the transported cargo and the distribution of the load along the axles should not exceed the values ​​established by the manufacturer for this vehicle.

When determining the values ​​of the relevant parameters, one should proceed from the characteristics of the vehicle, determined by the manufacturer, indicating:

• carrying capacity - the maximum allowable weight of the transported cargo
  a) for a passenger car, the number of seats and the weight of the cargo carried, depending on the number of passengers carried;
  b) for a bus - nominal and maximum capacity;
• curb and authorized maximum weight of the vehicle;
• distribution of the curb and permitted maximum masses along the axes.

One of the most important indicators technical specifications vehicle is the value of the axle load, i.e. load on the road, transmitted by the wheels of a single, most loaded axle. This indicator is related both to the mass of the transported cargo and to the distribution of the payload on the vehicle.

Paragraph 23.2 of the Rules imposes on the driver the obligation before starting and during the movement to control the placement, fastening and condition of the load in order to avoid it falling and interfering with the movement. The conditions under which the carriage of goods is allowed are also listed (clause 23.3 of the Rules).

Transportation of bulky, heavy and dangerous goods is carried out in accordance with special rules, liability for violation of which is provided for in Art. Art. 12.21.1 and 12.21.2 of the Administrative Code of the Russian Federation.

The concepts of heavy and oversized vehicles

disclosed in Art. 3 of the Federal Law "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation", in which they were included federal law dated July 13, 2015 No. 248-FZ.

A heavy vehicle means a vehicle whose mass, with or without cargo, and (or) the axle load of which exceeds the permissible vehicle weight and (or) the permissible axle load, which are established by the Government of the Russian Federation.

An oversized vehicle is a vehicle whose dimensions, with or without cargo, exceed the allowable dimensions established by the Government of the Russian Federation.

Powers and deadlines for the issuance and consideration

Protocols on these administrative offenses are drawn up by officials of the internal affairs bodies (part 1 of article 28.3 of the Code of Administrative Offenses of the Russian Federation).

Cases of administrative offenses are considered by the head of the state traffic safety inspectorate, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy, employees of the state safety inspectorate.

1. Decrees on cases of these administrative offenses cannot be issued after 2 (two) months from the day the offense was committed.
2. happy day of these offenses should be considered the day of their detection (suppression) by an authorized official.
3. Place of commission commented offenses is determined by the place of their discovery by an authorized official.

How to avoid liability for overload

The solution was found a long time ago and it’s not a secret for anyone, we won’t describe it, watch the video, there are all the answers in the first minutes.

Our legal center deals with issues of fines and liability, if you have any difficulties, please contact us, we will help to resolve 8 495 532 54 57

How to avoid paying a fine from the company

To do this, you need to prove that the employee acted for personal purposes, using the car without the knowledge of the company's management or Individual entrepreneurs by law, it is not a legal entity, so the fine must be issued as a responsible person, which is much less than a fine for a legal entity.

You also need to remember that at present the movement of a heavy vehicle exceeding the permissible mass of the vehicle or the permissible axle load of the vehicle by no more than 2% without special permission is not administratively punishable.

Administrative responsibility does not arise even in the case when the weight parameters of the vehicle specified in the special permit are exceeded by no more than 2%.

Double fine payment

If you have received a decision to pay a fine under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, but you are in statutory the term was not appealed against the decision and did not pay the fine, the inspector UGADN or the traffic police may issue a double fine on the basis of Part 1 of Art. 20.25 Administrative Code of the Russian Federation. Therefore, be careful, contact us immediately after receiving the determination (notice) of calling you to draw up a protocol on an administrative offense under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation.

What is the minimum fine by the court, how much can be reduced

Clause 2.2 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation allows the court to reduce the imposed fine below the lower limit (half of the minimum amount).

Jurisdiction of administrative cases on overload

According to Art. 22 of the Civil Procedure Code of the Russian Federation, part 2 of Art. 23.1 Administrative Code of the Russian Federation, cases of administrative offenses under Art. 12.21.1 of the Code of Administrative Offenses, are considered by courts of general jurisdiction. At present, judicial practice in such cases can already be considered formed. The vast majority of claims against carriers and shippers are satisfied by the courts in full. An appeal against such decisions does not lead to their cancellation.

At the same time, it is important to understand that argues for a disgusting road, lack of signs, etc. are in no way connected with the overload and have no prospects in court in case of challenging the administrative fine for overload.

Regarding giving a bribe to an official for overloading

(payment scheme for the route of traffic with overload)

On April 20, 2016, an individual was convicted of committing crimes under Part 3 of Art. 290, part 3 of Art. 290, paragraph "c" part 5 of Art. 290 of the Criminal Code of the Russian Federation, with the imposition of penalties: for hours. 3 Article. 290 of the Criminal Code of the Russian Federation for each of the two crimes in the form of imprisonment with the application of Art. 64 of the Criminal Code of the Russian Federation for a period of 2 years, with a fine in the amount of thirty times the amount of the bribe in the amount of 2.100.000 rubles, with the application of Part 3 of Art. 47 of the Criminal Code of the Russian Federation, with the deprivation of the right to hold positions in the civil service in the system law enforcement of the Russian Federation, related to the exercise of the functions of a representative of power, for a period of 2 years with deprivation on the basis of Art. 48 of the Criminal Code of the Russian Federation of the special rank "senior police lieutenant", and according to paragraph "c" part 5 of Art. 290 of the Criminal Code of the Russian Federation in the form of imprisonment with the application of Art. 64 of the Criminal Code of the Russian Federation for a period of 4 years, with a fine in the amount of thirty times the amount of a bribe in the amount of 13,725,000 rubles, with deprivation for a period of 2 years and 6 months of the right to hold positions in the civil service in the system of law enforcement agencies of the Russian Federation related to the implementation of the functions of a representative of power , with deprivation on the basis of Art. 48 of the Criminal Code of the Russian Federation of the special rank "senior police lieutenant"; on the basis of hours 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation, for the totality of crimes, by partial addition of the imposed punishments, K. was finally sentenced to imprisonment for a term of 5 (five) years, with his serving in a correctional colony of strict regime, with a fine of 15,000,000 rubles, with deprivation of the right to hold positions in the civil service in the system of law enforcement agencies of the Russian Federation, related to the implementation of the functions of a representative of power, for a period of 3 years, with the deprivation of the special rank of "senior police lieutenant".

An individual was found guilty by the said verdict of taking a bribe twice, i.e. receipt by an official personally of a bribe in the form of money, in a significant amount, for committing illegal actions in favor of the bribe giver and, by virtue of his official position, facilitating such actions, and also found guilty of taking a bribe, i.e. receipt by an official personally of a bribe in the form of money on a large scale for committing illegal actions in favor of the persons represented by the bribe-giver and facilitating such actions by virtue of his official position.

Who gave a bribe

Convicted each for committing crimes under Part 3 of Art. 291, p. p. "a, b" part 4 of Art. 291 of the Criminal Code of the Russian Federation, with the appointment of penalties for each: for hours. 3 Article. 291 of the Criminal Code of the Russian Federation in the form of imprisonment for a term of 2 years, with a fine using Art. 64 of the Criminal Code of the Russian Federation in the amount of ten times the amount of a bribe in the amount of 700,000 rubles, and according to paragraphs “a, b” part 4 of Art. 291 of the Criminal Code of the Russian Federation in the form of imprisonment, with the application of Art. 64 of the Criminal Code of the Russian Federation, for a period of 3 years, with a fine in the amount of twenty times the amount of the bribe in the amount of 9,150,000 rubles; on the basis of hours 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation on the totality of crimes, by partial addition of the imposed punishments, F ... and R ..., each was finally sentenced to imprisonment for a term of 4 years, with his serving in a correctional colony of general regime, with a fine of 9.500.000 rubles .

The crimes were committed in 2014 in the city of Moscow under the circumstances detailed in the verdict. At the same time, the average amount of a bribe that a Moscow official receives from business representatives in 2016 increased two and a half times compared to 2015. In 2015, the police recorded a similar double increase compared to 2014 levels. Against the backdrop of falling real incomes of citizens, such an increase in the well-being of corrupt officials is especially impressive, which will be even more impressive by the end of 2017.

The convicts were taken into custody in the courtroom, the verdict resolved the issues of calculating the terms of punishment and material evidence in the case. The appeal and cassation left this decision in force.

Additional penalties for overload

1 . There is also a fine for violation of the paperwork, which is an incorrect indication of the weight of the cargo. The difference between the weight according to the documents and the weight determined by the weights at the site of the administrative violation (distortion).

• Vehicle driver RUB 5,000.00
• Individual entrepreneur from 10,000.00 to 15,000.00 rubles.
• Legal entity from 250,000.00 to 400,000.00 rubles.

2 . Fine for non-compliance with traffic signs. If there are restriction signs on the route.

• Vehicle driver from 2,000.00 to 2,500.00 rubles.

3 . Litigation on infliction of property damage caused by vehicles transporting heavy loads on the roads of the Russian Federation ”established the procedure for compensation for damage (Government Decree No. 934 of November 16, 2009).

• According to Part 1 of Art. 1079 of the Civil Code of the Russian Federation - the obligation to compensate for harm is assigned to entity or a citizen who owns a source of increased danger on the basis of the right of ownership, the right of economic management or the right of operational management, or on another legal basis (on the right of lease, by proxy for the right to drive a vehicle, by virtue of an order from the relevant authority to transfer the source of increased danger to him, etc. .P.). In Tyumen, there is a similar unpleasant practice, according to a court decision dated February 3, 2014 in case No. public roads of federal importance in the amount of 207,106 rubles. 30 kop., court costs in the amount of 1628 RUB. 76 kopecks, total 208735 rubles. 06 kop.

Rules for the transportation of oversized cargo

Rules of the road (abbreviated SDA) in clause 23.4. state - “If the cargo on the vehicle protrudes more than 1 meter from the rear or 40 centimeters on the sides, it must be indicated by signs “oversized cargo” in the daytime. At night, it is required to additionally install white reflectors or a lantern in front, and equip the load with red reflectors at the back.

But in addition to the traffic rules in the Code of Administrative Offenses, part 2, the following amendment is indicated:

"Transportation of goods that exceed the dimensions entered in the special permit, more than 10 centimeters - entails a fine from 1,500 to 400,000 rubles."

Freight transport overload

Legislatively, overload or non-compliance with dimensions (exceeding) is administratively punishable, liability from a fine to deprivation of a driver's license.

In the "real life" the mass of the car is transferred to the roadway by the wheels of each of the axles and there are two types of axle load:

1. Permissible load on the axle of the transport defined by the manufacturer.
2. Restriction of the load on the axle fixed by law.

The load on the axles of the transport in the sum is the permissible load as provided by the manufacturer and require legal restrictions.

According to the classification, freight vehicles are divided into two types:

1. cars of group A (they are allowed to be used only on the tracks of the first, second and third categories);
2. cars of group B (their operation is allowed on roads of any category).

Permissible axle load for cars of group A ranges from 10 to 6 tons (depending on the distance between the axles). For auto group B, the load can be from 6 to four and a half tons.

According to GOST R 52051-2003, the categories of vehicles intended for the carriage of goods received the following names in Russia: N1 - low-tonnage (up to 3.5 tons), N2 - medium-tonnage (more than 3.5 - up to 12 tons) and N3 - heavy-duty vehicles (over 12 tons).

More about the permissible axle load of groups A and B

Attachment 1- the mass of a single vehicle (meaning, without a trailer), with static weighing, should not exceed:

18 tons for a 2-axle vehicle;
25 tons for 3-axle;
32 tons for 4-axle;
35 tons for 5 axles.

Appendix 2- the permissible loads on the axles of the vehicle are indicated, with dynamic weighing.

For single vehicles, with a distance between axles of 2.5 meters, the axle load must not exceed:

6 tons for a road designed for 6 tons;
10 tons for a road designed for 10 tons.

Reference: In European countries, higher loads are set on transport corridors (in Poland and Germany, for example, the permitted weight of road trains is up to 40 tons, and in Slovakia - 44 tons).

How and where to obtain a permit (pass) for the transportation of heavy and oversized cargo

For example, in Moscow issuance of special permits for the transportation of heavy and (or) oversized cargo on the street and road network of the city is carried out by the Department of Housing and Communal Services and Improvement of the City of Moscow in the "single window" mode (see the Regulations for the preparation and issuance of special permits for the transport of heavy and (or) bulky goods along the street and road network of the city of Moscow, approved .Decree of the Government of Moscow dated August 24, 2010 No. 735-PP).

Issues of organizing the movement of vehicles carrying bulky and heavy cargo, as well as requirements for technical condition, equipment of vehicles and designation of cargo are set out in the Instructions for the transportation of oversized and heavy cargo by car on the roads of the Russian Federation, approved. Order of the Ministry of Transport of Russia dated May 27, 1996 No.