Penalty for overload to a private person. How is the load on a truck axle calculated and what fines are provided for overloading?

The number of heavy vehicles on the highways is constantly increasing, which inevitably leads to rapid destruction of the road surface. Overly loaded vehicles cause particular damage to the road surface. According to statistics, about 30% of trucks move on Russian roads with overload. In this regard, the Ministry of Transport is constantly tightening penalties associated with exceeding the permissible load.

What are the dangers of overload?

Overloading is a very common violation, because any supplier wants to get the maximum benefit from each shipment, and for truckers, payment for a trip directly depends on the volume of goods delivered. However, overload is not only a cause of road wear, but also a threat to traffic safety.

Consequences of overload:

• rapid wear of parts truck;
• destruction of the road surface, formation of ruts;
• the likelihood of collapse of structures with limited load;
• increase in road accidents.

The braking distance of an overloaded vehicle increases significantly due to inertia, and a poorly secured heavy load increases the risk of skidding, especially on wet or icy roads. All this quite often leads to serious DBT with several participants. In this regard, administrative liability is provided for exceeding the permissible load. In accordance with the risks, fines for overloading trucks are always quite high.

How is overload determined?

Any highway is built according to state standard, which provides for maximum load. Load limits for different types transport are prescribed in the traffic rules. For automated weight control, 2 indicators are used: general permissible weight and permissible load for the front and rear axles.

The maximum permissible load weight depends on the distance between the axles. For category A, its value ranges from 6 to 10 tons per axle. For group B – from 4.5 to 6 tons. To determine the size of the load, special platforms are used at control points. They weigh each axle of the car. Then the obtained indicators are compared with the weight indicated in the accompanying documents.

The traffic rules also provide for an error in vehicle overload, which is no more than 5% of the total weight. If a preponderance exceeding this value is detected, the traffic police inspector has every reason to draw up a report. Sometimes controversial situations arise, and to resolve them the driver needs to go to a stationary weighing point.

Fines for overload

Detection of overload during weighing entails a monetary penalty or. It is worth noting that for some time now not only the carrier, but also the owner of the cargo is responsible. In 2016, fines for overloading a truck for a driver will amount to 1,500–2,000 rubles, for an official – up to 15,000 rubles, for a legal entity – up to 400,000 rubles.

The exact amount of the monetary penalty also depends on the size of the excess. The maximum penalty is provided for overload of more than 50%. And for exceeding the permissible load by 20% or more, the driver risks not only paying a fine, but also losing his license for a period of 2 to 6 months. If the limit is significantly exceeded, the car may even be sent to the impound lot until a fine is paid.

For cases of fraud, when the driver intentionally provides accompanying documents with an incorrectly indicated cargo weight, a fine of 5,000 rubles is provided. Drivers are not always aware of the violation being committed, since more often than not they simply receive invoices with underestimated data. For officials and organizations, the fine will be the same as for overload.

To transport large cargo, you must obtain a special permit. If this document is missing or if you deviate from the route indicated in it, you will have to pay from 2,000 to 500,000 rubles.

You should also remember that there are certain rules for transporting large cargo. For example, it needs to be marked with special signs, and at night - with additional red reflectors. For transportation of cargo whose dimensions do not correspond to those specified in the special permit, a fine of 1,500 to 400,000 rubles will be issued.

When approaching bridges and temporary structures, you can see signs 3.11 and 3.12. They prohibit the passage of overloaded vehicles on these sections of the road. For violating a warning, the driver must pay a fine of 2000-2500 rubles.

Regarding overload passenger cars mobile phones, then the traffic rules do not contain any restrictions in this regard. Not including the permissible number of passengers and the load of a light trailer. For an “extra” passenger you can get a fine of 1000 rubles, for overloading a trailer - 500 rubles.

The truck of individual entrepreneur Alexey was detained by an inspector for overloading the axle when it was being weighed for the third time during the trip. The legislation of the Russian Federation has introduced draconian fines for overloading, and in order not to go broke on them, you need to know the laws. The article will tell you what you need to know and do in order not to break the rules and not receive fines. In what cases can they be appealed if a fine has already been received?

Rules for the carriage of goods

Cargo transportation in the Russian Federation is regulated by different laws and regulations. Let's highlight the important points:

• the weight of the truck and the load on the axles must not exceed the limit values ​​specified in the PTS and established by Appendices 1 and 2 of Government Decree No. 272 ​​“On approval of the Rules for the transportation of goods by road” dated 04/15/2011;
• the weight of the cargo is determined by whoever loads the car in the presence of the other party (the shipper in the presence of the carrier or vice versa), unless otherwise provided by the contract;
• the carrier (driver) must control the process of loading, securing and placing cargo in the body;
• if the weight exceeds the established norm by more than 2%, you need to obtain a special permit, agree on the travel route and compensate for the damage caused by the excess weight to the road surface. To do this, you need to contact Rosavtodor of the region where the transportation route will begin.

What rules did Alexey break?

• did not check the reliability of securing the cargo in the body and the cargo shifted;
• exceeded the axle load.

Consequences of overload

1. An overloaded vehicle is difficult to drive in difficult weather conditions (ice, wet asphalt) and has an increased braking distances than creates an emergency dangerous situations on road.
2. The road surface is designed for certain loads and exceeding them causes damage to it.
3. When braking sharply, there is a risk of the rear part of the trailer skidding and loss of control of the truck, which also provokes an emergency situation.
4. The car itself wears out faster.

In this regard, the state, represented by Rostransnadzor and the State Traffic Safety Inspectorate, is strengthening control over cargo transportation. On September 2, 2015, the Government approved the Action Plan (“ road map"), aimed at preventing violations during the movement of heavy and (or) large vehicles on public roads. In accordance with it, Russian roads automatic weight and dimensional control systems with photo and video recording functions appeared. By the end of 2020, 387 such posts will appear on all federal roads.

How do automatic scales work?

The scales measure the total weight and axle loads of a vehicle moving at speeds of up to 140 km/h. If there is overload, the system determines the owner of the vehicle by the vehicle number and checks whether a special permit was issued, and if not, it automatically issues a fine. Alexey's truck passed such scales at the first mobile weight control post. If the system has detected a violation and generated a fine for overloading, the carrier will know about it when it receives it by mail. In the future, automatic weight control points will be supplemented with electronic displays, which will inform the driver on the spot about the results of the check.

Permissible vehicle loading standards

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Traffic police fines for overloading a truck in 2020 are prohibitively high. But this applies mainly to individual entrepreneurs and legal entities. But for drivers, the maximum penalty is 10,000 rubles, and that is for overweighting the truck by more than 50% of what is allowed on the scales. But everything can change if the Duma passes new law, according to which for a given traffic violation They will deprive you of your license and even confiscate your trucks. About when it will come into force and with what degree of probability, what are the current fines for today by axes and common for organizations, individuals and entrepreneurs, we talk about in the article.

What is this new law about deprivation for overload?

According to numerous news, drivers will expect changes from July 1, 2019 - that is, supposedly the new law has already entered into force. That is, if earlier for overloading a truck at the weight control, fatal sanctions often awaited only shippers as legal entities, and large fines were also issued to individual entrepreneurs, but now they have reached the drivers too!

At the same time, the new law provides for as many as 3 new liability measures:

• deprivation of rights for a long period of time for overloading truck,
• confiscation of cargo in case of large overweight,
• even confiscation of the car itself in exceptional cases.

Is this true and have the changes taken effect?

No. There is no new law. Moreover, there is not even a bill submitted for discussion. And now we will prove it very simply!

• Firstly, since liability for overload is provided for in the Federal Code of Administrative Offenses, changes to the rules must be made Federal laws. And you won’t find a single one like this, not even during the discussion in the department.
• Secondly, the current version of the Code is posted on the authoritative resource Consultant Plus, and as of February 18, 2020, the version of Article 12.21.1 of the Code of Administrative Offenses with fines is in effect. No deprivation of rights, much less confiscation of cars and goods, has been introduced.

Thus, a new congestion law has not been introduced and is not officially planned.

What's the truth?

The fact that the initiative to introduce innovations regarding deprivation of rights and confiscation for overload was still received. It was introduced by the Russian Ministry of Transport at one of the State Council meetings.

However, the new law on overweight trucks is still far from officially coming into force. It has not been introduced since July 1, 2019, and it is far from certain that it will appear at all.

How are fines for overloading issued?

In 2020, there are 3 types of weight control points:

1. stationary (most often located at the entrances/exits of cities),
2. mobile/mobile (installed anywhere and in different places),
3. automatic (overload violations are recorded automatically, and fines are sent to the owner of the truck).

For overload on axles and for overall load separately?

No. Measurement on the scales takes place along the axles, then the results of the axle measurements are summed up and the total weight of the truck with trailer is obtained.

A fine is issued in any of two cases: either there is overload on at least one axle of the car, or there is no overload on the axles, but the total weight is higher than the permissible limit.

Is there any measurement error?

Yes, there are many such errors, and they depend on the measurement technique, the type of weight control and scales.

Today there is an established Order of the Ministry of Transport with general rules measurements, as well as an indication of the accuracy of measurements and permissible errors of scales depending on their type and other parameters. We warn you right away, it’s a lot to read and it’s not very clear.

To make it easier for you to understand, in general cases the error is:

• 11% – on automatic scales under control when measuring along the axes of the truck,
• 5% – error in total weight at the automatic weighing station,
• 2% – any error (both overall and along axes) at stationary and mobile points (where the final fine is issued by traffic police officers).

Are there separate penalties for overweight trailer and tractor?

No. In 2020, overload is considered to be part of the vehicle. That is, regardless of whether the tractor is on the scales or its trailer, the total weight of the entire hitch as a whole is measured, as well as the weight of all the axles of the truck separately, regardless of the front or rear.

All penalties for overweight in 2020

They depend on the availability of a permit for the truck, as well as on the amount of excess weight:

1. 2-10% of the permissible weight without a permit or the same size higher than specified in the permit,
2. overload by 10-20% of the permitted axle weight or total weight,
3. from 20 to 50%,
4. from 10 to 20% more than in a special permit,
5. from 20 to 50% more than resolution,
6. more than 50%.

Please note that in the 2020 legislation, penalties do not depend on overload for each ton, but rather on the percentage of excess weight.

Who pays?

Also, the amount of the fine depends on the status of the person being punished:

• individual (driver),
• the official responsible for transporting cargo by truck,
• Individual entrepreneur and legal entity,
• the shipper, and in certain cases the consignee, depends on who is the owner of the cargo,
• loader,
• owner of the truck (in case of auto fixation).

So, let's now look at all the fines for overloading trucks at weight control points, depending on the status of the person held accountable. We will separately list in tables who pays what fines, and everything will become clear to you right away!

Individual (hired driver)

The category of individuals includes truck drivers employed by a legal entity or entrepreneur. It is they who bear the mildest responsibility for overload on the scales, and it is for them that deprivation of rights should be introduced (but has not yet been introduced).

Legal entities and individual entrepreneurs (as owners or drivers of a car)

But for organizations, fines for being overweight are tens and even hundreds of times higher.

Please note that individual entrepreneurs under the article for overload are also liable as legal entities (Note to 12.21.1).

Official (forwarding company)

Persons responsible for the transportation of goods bear separate responsibility for the transportation. But in practice, the traffic police often punish only drivers, shippers and legal entities. Nevertheless, for the sake of completeness of the article, we present the current punishments in 2020 for officials.

I received a fine for overloading - how to appeal?

We have bad news for you: it is almost impossible to challenge a fine for auto fixation for overloading. But you can try, because it is free and not subject to state duties.

We have given the procedural procedure for appealing in the general relevant article. The problem with overload is that it will be difficult for you to prove the absence of this fact - especially if it is recorded by automatic filming.

But if you challenge it in court, you can apply to request documents for weight control equipment:

• instructions for the measurement (but again, here you will have to prove that the measurement performed does not comply with such instructions - a video recording is optimal for this),
• certificate of verification and verification by a judge of the corresponding mark,
• other documents provided for by this overload measuring device.