Actual fines for overloading trucks for individuals and legal entities. What is the penalty for overloading a truck Traffic police fines for overloading an axle

The struggle of legislators for overloading trucks (tonar, Kamaz, Volvo, Scania, Man, Gazelle, along the axles ...) on the roads originates from the effective solution of the problems of overloading wagons on railway transport. In 2014 alone, 3 laws were adopted changing the rules for the passage of heavy vehicles.

Fines for reloading freight transport in 2020

History of the issue

It was there that the issue of controlling the overloading of freight transport along the axes was worked out and, of course, the practice was developed to collect huge fines associated with damage to the road infrastructure (track) of the Russian Federation. It is estimated that about 20% of freight vehicles move with an overload of cargo, damaging the roadbed.

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

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

Statistics confirmed the effectiveness of the introduction of fines for congestion

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

Since the overload 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, congestion 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 the lengthening of the braking distance leads to an accident. Note that the braking distance is lengthened by the inertia of the load and creates a greater likelihood 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 overturning and then other participants will suffer. road traffic.
2. It has extended the service life of highways, especially in terms of increasing the service life of the road to the formation of a track. The problem of rutting has become aggravated in recent years due to the rapid increase in traffic intensity, as well as abnormal temperatures in summer.
3. Overloading leads to increased wear of parts and assemblies of vehicles, as well as increases fuel and oil consumption.

You can independently figure out the problem by reading the article to the end and find out how much the penalty for overloading, or use the services of our company.

What is the penalty for overload in 2019

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

• Vehicle driver (individual) from 1,000.00 to 1,500.00 rubles. (without deprivation of rights).
• Official (responsible) person from 10,000.00 to 15,000.00 rubles.
• Legal entity from 100,000.00 to 150,000.00 rubles.
• In case of automatic fixing 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 deprivation of rights).
• Official (responsible) person from 25,000.00 to 30,000.00 rubles.
• Legal entity from 250,000.00 to 300,000.00 rubles.
• In case of automatic fixing 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 case of automatic fixing in the amount of 400,000.00 rubles.

In the case of more than 50% for 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 case of automatic fixing in the amount of RUB 500,000.00

The practice of our clients shows, it is necessary to advise the drivers what and how to say, where to sign, and where to put I do not agree. This will not only avoid fines on the company, but the driver will also avoid being deprived of his license. 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 overloading, the court's decision for the third time will be associated with deprivation of rights from 6 months. Such decisions are difficult to challenge in the appeal, and even more so in the cassation.

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

If the 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 the violations, and remember! - an administrative offense will have to be eliminated in any case, and punishment cannot be avoided.

Car weighing procedure

Determination procedure permissible weight The vehicle at mobile points consists of the following key points:

• The weight of the car is determined exclusively using 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 should 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 means of verification".

How many attempts to weigh

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

When checking 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 tons.
• Vehicle with four axles - 32 tons.
• five-axle - 35 tons.

A driver's memo sets the weight limits of the mass per axle when they are single positioned with a distance of 2.5 meters or more between them - from 5.5 to 11.5 tons. For more information on weight, see the end of the article!

What law is it written in

Legislative base regulating the transshipment of freight vehicles (having figured it out, "rub your nose to any traffic inspector")

1. Federal Law No. 257 of 08.11.2007 legally enshrined such concepts as: overloading of freight transport, permissible weight, axle load, permissible axle load, motor road, road users, indivisible cargo, etc.
2. Resolution of the Government of the Russian Federation No. 934 of November 16, 2009 determining the amount of harm and the rules for compensation for harm.
3. Federal Law No. 127 of 24.07.1998 "On control over the implementation of international road transport and on responsibility for violation of this order ”.
4. RF Code "On Administrative Offenses" Art. 12.21 "Violation of the rules for the carriage of goods, towing rules."
5. By order of the Ministry of Transport of the Russian Federation of 08.08.1995, No. 73, he defined the list dangerous goods and the rules for their transportation.
6. Decree of the Government of the Russian Federation of April 15, 2011 No. 272. Appendix 2 makes no distinction for single or dual wheels.
7. Resolution of the Government of the Russian Federation of January 9, 2014 No. 12, entered into force on January 1, 2015.

• Codifier of the population size of cities and towns.

Requirements for the carriage of goods in the Russian Federation

General requirements for the carriage of goods are defined in Sec. 23 of the Rules of the road. So, 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 corresponding parameters, one should proceed from the characteristics of the vehicle determined by the manufacturer, indicating:

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

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

Clause 23.2 of the Rules entrusted the driver with the obligation, before and during the movement, to control the placement, fastening and condition of the cargo in order to avoid its falling, interfering with movement. The conditions under which the carriage of goods is allowed (clause 23.3 of the Rules) are also listed.

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.

Heavy and oversized vehicle concepts

disclosed in Art. 3 of the Federal Law "On Roads and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation", into which they were incorporated by Federal Law No. 248-FZ of July 13, 2015.

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

A large-sized vehicle is a vehicle whose dimensions, with or without cargo, exceed the permissible dimensions established by the Government of the Russian Federation.

Powers and terms of submission 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 Administrative Code of the Russian Federation).

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

1. Resolutions in cases of these administrative offenses cannot be rendered after 2 (two) months from the date of committing an administrative offense.
2. Happy Commitment the specified offenses should be considered the day of their detection (suppression) by an authorized official.
3. Place of commission of the commented offenses is determined by the place of their detection by the authorized official.

How to avoid liability for overload

The solution has long been found and it's not a secret for anyone, we will not 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 resolve 8 495 532 54 57

How can you avoid paying a fine from a company?

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

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

Administrative liability does not arise even in the event that the excess of the weight parameters of the vehicle specified in the special permit is no more than 2%.

Payment of a double fine

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

What is the minimum fine in 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 for overloading

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

It is important to understand that the arguments for a disgusting road, lack of signs, etc. are not in any way connected with overloading and have no prospects in court in case of challenging an administrative fine for overloading.

Regarding bribing 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, item "c" part 5 of Art. 290 of the Criminal Code of the Russian Federation, with the assignment of punishments: according to Part 3 of Art. 290 of the Criminal Code of the Russian Federation for each of the two crimes 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 a 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 of law enforcement agencies of the Russian Federation, related to the exercise of the functions of a representative of the authorities, 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 clause “c” of 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 the 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 exercise of the functions of a representative of the authorities , 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 h. h. 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation, for the totality of crimes, by partial addition of the sentences imposed, K. was finally sentenced to imprisonment for a term of 5 (five) years, with his serving in a penal colony with a 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 exercise of the functions of a representative of the authorities, 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 having twice committed a bribe, i.e. the 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 was also found guilty of committing a bribe, i.e. receiving by an official personally a bribe in the form of large sums of money 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 the bribe

Each was convicted for committing crimes under Part 3 of Art. 291, p. Item "a, b" part 4 of Art. 291 of the Criminal Code of the Russian Federation, with the appointment of each punishment: according to h. 3 of Art. 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. 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 a bribe in the amount of 9,150,000 rubles; on the basis of h. h. 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation on the aggregate of crimes, by partial addition of the sentences imposed, F ... and R ..., each was finally sentenced to imprisonment for a term of 4 years, with his serving in a general regime correctional colony, 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 size 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 increase in two times compared to the level of 2014. Against the background of falling real incomes of citizens, such an increase in the welfare 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 issues of calculating the terms of punishment and material evidence in the case. The appeal and cassation upheld this decision.

Additional penalties for overloading

1 ... There is also a penalty for violation of paperwork, which is an incorrect indication of the weight of the cargo. The difference between the weight according to the documents and the weight of the certain weights at the place 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 ... Penalty for non-compliance with the requirements of road signs. If there are restriction signs on the route.

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

3 ... Litigation on property damage caused by vehicles transporting heavy cargo 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 imposed on a legal entity or citizen who owns a source of increased danger on the basis of ownership, the right of economic management or the right of operational management or on another legal basis (on the basis of a lease, by power of attorney for the right to drive a vehicle, by virtue of the order of the relevant authority on the transfer of a source of increased danger to it, etc.). In Tyumen, there is a similar unpleasant practice, according to a court ruling dated February 3, 2014 in case No. 33-431 / 2014, in favor of the Federal State Institution "Federal Highway Administration" Siberia "of the Federal Road Agency" motor roads of general use of federal significance in the amount of 207,106 rubles. 30 cop., Court costs in the amount of 1628 rubles. 76 kopecks, total 208,735 rubles. 06 kopecks

Rules for the carriage of oversized cargo

Traffic rules (abbreviated traffic rules) in paragraph 23.4. read - “If the load on the vehicle protrudes more than 1 meter from the rear or 40 centimeters on the sides, it should be indicated by signs“ bulky cargo ”in the daytime. At night, it is required to additionally install white reflectors or a lantern in front, and equip the cargo with red reflectors at the back. "

But in addition to the traffic rules in the Administrative Code, part 2 contains the following amendment:

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

Freight transport transshipment

Legally, overloading or non-observance of dimensions (excess) is administratively punishable, liability from a fine to deprivation of a driver's license.

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

1. Permissible axle load of the transport determined by the manufacturer.
2. Limitation of axle load fixed by law.

The load on the axle of the transport in total constitutes the permissible load as provided by the manufacturer and is required by 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).

The permissible axle load for a car of group A ranges from 10 to 6 tons (depending on the distance between the axles). For cars of 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 vehicles (over 12 tons).

More about permissible axle load groups A and B

Annex 1- the mass of a single car (meaning, without a trailer), during 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-axle.

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

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

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

For reference: In European countries, higher loads are installed 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 get a permit (pass) for the transportation of heavy and oversized cargo

for instance, in Moscow, the issuance of special permits for the carriage of heavy and (or) bulky goods along the 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 “one window” mode (see Regulations for the preparation and issuance of special permits for the carriage of heavy and (or) oversized cargo on the road network of the city of Moscow, approved by the Decree of the Moscow Government dated August 24, 2010 No. 735-PP).

The organization of the movement of vehicles carrying bulky and heavy cargo, as well as the requirements for the technical condition, equipment of vehicles and the designation of cargo are set out in the Instruction for the carriage of bulky and heavy cargo by road on the roads of the Russian Federation, approved. By order of the Ministry of Transport of Russia dated May 27, 1996 No.

Reading time: 6 minutes

The movement of freight transport on the roads is strictly regulated. The reason is that this type of transport is the main destroyer of roads. Heavy trucks are very dangerous for bridges and viaducts, especially old ones. These structures can even collapse under an overloaded truck, so road signs 3.11 and 3.12 are almost always installed 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 an axle overload penalty is assigned in 2020.

The concept of overloading a vehicle and methods for its determination

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

The axle load is the most important indicator to preserve transport routes. The reason is that the car, with its wheels, exerts not a distributed, but a point load on the road.

What is the danger of overloading vehicles

Exceeding the load weight limit can result in destruction of the vehicle frame and chassis. In this case, the engine of the car also works in extreme modes and wears out faster.

An important point is that the braking distance of the machine specified in the technical documentation is calculated based on its permissible weight.

When overloaded, the braking distance increases, which can lead to an accident. In addition, this leads to a shift in the center of gravity of the machine and, as a result, to skidding 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 travel conditions, 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 are imposed on the movement of heavy vehicles.

On various bridge overpasses, overloading of transport can cause their destruction and even collapse, which, in turn, leads to human casualties and multimillion-dollar damage. For these reasons, the Russian law provides for administrative liability for the fact of overloading, 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 baggage, which under normal conditions is 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 receive fines from the traffic police.

In the Order of the Ministry of Transport of the Russian Federation of 08.08. 1995 No. 73 a list of such goods was presented and the rules for organizing their transportation were established. To obtain permission, you must submit an application to which you must attach:

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

The application is submitted to the body, whose powers allow to resolve the issues of a specific situation. These can be bodies of the federal, republican, regional or local level, in the competence of which are issues of transportation and operation of highways, or the owners of such roads.

This information is set out in the Federal Law of November 8, 2007 No. 257-FZ “On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”.

If the driver agrees to carry such goods without a permit, he, on the basis of Art. 12.21.2 of the Code of Administrative Offenses of the Russian Federation of 30.12.2001 No. 195-FZ will not only pay a fine, but also lose a driver's license. Appropriate penalties will be imposed on the shipper, as well as on the officials guilty of this.

Weight control points on the roads

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

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

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

Two types of weighing are known:

1. Dynamic, when a car with a load moves along the weighing 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 together. 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 is stopped at the weighing complex and 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 axles, but this distribution is uneven. The rear axle is usually heavily loaded as the cab and engine are located above the front axle. However, in an empty car, the front axle load is greater.

In small cars of the "GAZelle" type (and there is also a penalty for overloading the "GAZelle"), the load is distributed approximately as follows: ⅓ the total weight of the car - on the front axle, ⅔ - on the rear axle. For example, for "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.

In larger vehicles of the KamAZ type, there are three axles, the two rear axles of which are reduced to 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 load trolley accounts for approximately 75% of the total mass of the vehicle.

The gross vehicle weight is the sum of the weight of the vehicle itself and the cargo it contains.

Here is an example of calculating the axle loads of a train from a tractor and a trailer. Let's say the tractor and the trailer have 3 axles 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 rests on its axles and is evenly distributed over them. In this way:

Trailer axle load = (10 + 20) * 0.75 / 3 = 7.5 t.

The total load on the axles of the tractor is equal to its weight and 25% of the total mass of the trailer.

Load on the tractor axle = 8+ (10 + 20) * 0.25 = 15.5 tons.

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

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

How are they punished for overloading a car along the axles?

The main penalty for overloading is a fine. The driver may also have his driver's license revoked.

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 sizes of the fine

Persons involved in organizing the transportation of goods and directly transporting them are interested in what is the penalty for reloading a truck. There are specified maximum axle loads. They are presented in the table.

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

For violation of these requirements, as well as for ignoring the requirements of road sign 3.12, limiting the maximum axle load on certain sections of the road, you should expect a fine.

Separate fines are provided for individual entrepreneurs and legal entities who ignored the requirement to obtain a mandatory permit to organize the transportation of dangerous, oversized and especially heavy cargo.

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 his license for 4 months. The vehicle will go to the impound lot or the possibility of movement will be blocked for it.

There are also penalties for exceeding the permissible vehicle weight:

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

Other traffic violations are also punished with fines.

Who is fined for overloading vehicles

Persons involved in one way or another in organizing transportation are interested in who pays a fine for overloading a car:

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

Punishment for the carriage of oversized cargo

Carriers sometimes violate not only the permitted load indicators, but also carry goods that go beyond the permitted dimensions. For such transportation, you also need to obtain permits.

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

Punishment for overloading a car

For passenger cars, the documentation also provides for maximum loads. The most obvious case of overloading a passenger car is that there are more 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

It is simply impossible not to pay the fines imposed on you. If you fail to pay within the 60 days allotted for this, you will be entered into 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 will still have to pay the fine voluntarily or it will be enforced.

If you believe that the fine was imposed on you unlawfully, such actions of officials should be appealed.

Conclusion

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

What threatens for overloading a car: video

In an effort to get the maximum profit from each flight, the owners of cargo vehicles often allow their overload. A car loaded “to capacity” becomes a source of increased danger while driving and negatively affects the road surface. In this regard, the authorities are serious about controlling the movement of heavy vehicles on the roads, and violators will face a fine for overloading a truck.

Transportation of large cargoes along the highways of the Russian Federation is carried out in accordance with the specialized regulatory and legal framework. The main law in this direction is Federal Law No. 257 of 2007, according to which it is possible to drive on the roads of a truck exceeding the permissible weight by more than 2.5%, subject to obtaining a special permit.

According to the legislation, in case of exceeding the permissible axle load of the vehicle when moving on highways, the carrier must coordinate this moment with the regulatory authorities. The route of movement of the car and the amount of compensation for damage to the road surface are agreed upon.

Criteria for determining vehicle overload

The maximum permissible load on the road surface is established by the Government of the Russian Federation at the federal and local legislative levels, as well as by the owners of some sections of the route. The total mass and axle load of the vehicle are subject to control. The latter indicates the mass of the axle wheel pressure on the road surface.

The maximum permissible loads are set in the above-mentioned Ordinance and depend on the category of transport:

• for biaxial single - 18 tons;
• for three-axle single - 25 tons (28 tons for trailed);
• for four-axle single - 32 tons (36 tons for trailed);
• for five-axle single - 35 tons (40 tons for trailed);
• for six-axle and above trailed - 44 tons.

Overload is considered to be the excess of these indicators. In addition to the mass, when calculating the overload, the indicator of the load on the wheel axles is assessed. The specified load is calculated according to a certain formula, taking into account the number of axles, the type of wheels and the mass of the vehicle itself. These calculations are automated and can be done using online calculators.

The traffic police inspector who identified the violation draws up a protocol. The main, but not the only criterion for determining the size of the fine, is the degree of congestion as a percentage in relation to these values.

Vehicle weight control methods

Compliance with the permitted weight of the cargo is monitored using special points with weighing equipment installed on them. Control weighing points are located on the main routes along which the movement of large-tonnage cargo is carried out.

Weight control is carried out in two modes:

• Dynamic. It is carried out while the vehicle is traveling at a speed of 5 kilometers per hour on a weighing platform equipped with special sensors. During the movement, the sensors sequentially record the load indicators on each axle. The error of dynamic measurement is on average 3-4%.
• Static. A more accurate measurement method carried out after the vehicle enters the platform. This method measures vehicle weight and axle loads.

There are also mobile weighing platforms, with the help of which the traffic police inspectors can establish the fact of overloading on any section of the road. And the driver will not have to deviate from the route.

An important point of overload control is the permissible error when weighing the vehicle. The law sets a limit of 5%. If the equipment allows large errors or does not have verification documents in the metrological laboratory, the fine issued by the inspector can be challenged.

Amount of fines for an overloaded vehicle

Issues of sentencing for the movement of an overloaded vehicle on highways are regulated by article of the Code of Administrative Offenses 12.21.1. Fines are imposed for exceeding the total weight of the car and cargo, determined by the issued permission for transportation and special signs installed on a specific route.

The functions of control and sentencing are entrusted to the traffic police inspectors. The amount depends on who is being fined, since this violation is supposed to punish the driver, the owner of the vehicle and the organization that carries out the loading.

The amounts of fines in 2018 are as follows:

• Transportation of bulky cargo without a special permit, deviation from the route specified in the permit - for a driver 2000-2500 rubles or deprivation of rights for six months, for officials - 15,000-20,000 rubles, for legal entities - 400,000-500,000 rubles.
• Overload in the amount of less than 10% is fined from 1 to 1.5 thousand rubles for individuals, from 100 to 150 thousand rubles for legal entities.
• Overload from 10 to 20% provides for a fine for individuals - 3-3.5 thousand rubles, for officials - 20-25 thousand rubles, for legal entities - 200-250 thousand rubles.
• Exceeding the maximum threshold for the mass of cargo from 20 to 50% is fined in the amount of 4-5 thousand rubles for individuals, 30-40 thousand rubles for persons in charge of transportation, 300-400 thousand rubles for individuals.
• An overload of 50% or more will cost 7-10 thousand rubles or deprivation of rights for 4-6 months for individuals, 40-50 thousand rubles for persons in charge of transportation, 400-500 thousand rubles for legal entities.
• For individual entrepreneurs or organizations carrying out loading, a fine is provided in the amount of 80 to 400 thousand rubles, depending on the percentage of overload.

Important. In the absence of a permit for the carriage of goods, in addition to the fines, the vehicle is driven off to a parking lot. Further movement along the highway in this situation is impossible.

Some nuances of overloading punishment

The Russian authorities are closely monitoring the organization of the transportation of large cargo by road, but the system is far from perfect. The control system suits the traffic police and carriers, but often the drivers remain the most extreme in a situation with overload. It is they who risk losing their license and receiving a substantial fine, while not even knowing about the real weight of the cargo.

The specificity of overload cases is such that it is difficult for drivers to understand all the nuances of the appointment of fines. Judicial practice shows that drivers often become victims of unscrupulous employers. Therefore, when imposing a fine, it is recommended to sort out all the nuances with the help of an experienced lawyer and, if possible, challenge the punishment.

Special permission for the carriage of goods

To transport large cargoes on the country's highways, vehicle owners are required to obtain a special permit. The document is issued by federal, regional and local authorities of the constituent entities of the Russian Federation.

The permit is issued for 1-10 shipments. The document specifies the route of the vehicle, the nature of the cargo, the time of transportation. The maximum document validity period is 3 months.

An application for a permit is submitted to one of the following organizations, depending on the route of travel:

• Rosavtodor - for routes passing through several regions.
• The Ministry of Transport of a particular constituent entity of the Federation - for movement on highways of municipal and local importance.
• Municipality - for routes within a city, district or town.
• To the owner of the road section.

The permission is paid. Its price is set by the authorities of the constituent entity of the Russian Federation. The funds received from the issuance of permits are used to restore the road surface destroyed by large-tonnage vehicles. The amount of payment for the permit is made up of the fee established by the owners of the road and the state duty.

The document is drawn up in terms of 11 to 15 days. During this time, the route is coordinated with the road owners, who assess the alleged damage, and the traffic police officers who control the traffic on this section of the road.

In order to preserve the quality of roads, the state is constantly tightening control over the movement of large-tonnage cargo along them. The number of control weight points is constantly increasing, so unscrupulous carriers risk getting a fine for overloading a truck in case of non-observance of the transportation rules.

The video details the fine for overloading a truck.

The more you could take away, the greater the benefit. Many entrepreneurs think so and load their cars in excess of the permissible limit, forgetting that such actions not only violate the law, but also pose a threat to other road users. When a weight control car appears on the road, drivers, knowing that their car is overloaded, perform actions beyond their control, creating additional danger. After all, no one wants to receive a fine for overload. Several penalties can cause irreparable damage to any organization. On the other hand, properly organized cargo transportation, in which the weight of the transported goods does not exceed the established norms, will not only bring income to the company, but also save the driver from violating traffic rules.

Essence of violation

Overload is understood as exceeding the maximum permissible vehicle weight or permissible load on one axle by more than 2%. This is the minimum value for which a fine for overweight cargo on a truck can be assigned.

Overload penalty

This offense is regulated by article 12.21.1 of the Administrative Code of the Russian Federation, which establishes responsibility for violation of the Rules for the carriage of goods by road, approved by the Decree of the Government of the Russian Federation of 15.04.2011 N272. The article lists the following types of violation of the traffic rules of a heavy vehicle and the punishment for their violation for 2018:

• When overloading from 2 to 10%: a fine for a driver - 1000–1500 rubles, for an official - 15000–20,000 rubles, for a legal entity - 100–150 thousand rubles.
• From 10 to 20%: the driver will be fined 3000-4000 rubles, an official - 25-30 thousand rubles, an organization - 250-300 thousand rubles. If the weight specified in the special permit is exceeded, then the amount of the fine will be up to 3,500, up to 25,000 and up to 250,000 rubles, respectively.
• From 20 to 50%: driver - 5000–10000 rubles. or deprivation of rights for a period of 2 to 4 months., an official - 35,000-40,000 rubles., legal. person - 350,000-400,000 rubles. If the weight specified in the special permit is exceeded, then the amount of the fine will be: for the driver - up to 5000 or deprivation of rights up to 3 months, for the official - from 30,000 to 40,000 and legal. person - from 300,000 to 400,000 rubles.
• More than 50%: regardless of the presence or absence of special. driver's permits will be punished in the amount of 7 to 10 thousand rubles, an official - from 45 to 50 thousand rubles, an organization - from 400 to 500 thousand rubles.

Overloaded machine

Important! Individual entrepreneurs bear the same responsibility as legal entities, and the amounts of fines for them are the same.

In addition, Article 12.21.1 provides for the responsibility of the shipper for providing false information in the documents for the cargo (for 2018):

• If the overweight during the audit was no more than 20%, then an individual will pay a fine of up to 2 thousand rubles, an official - from 15 to 20 thousand rubles, a legal one - from 200 to 300 thousand rubles.
• If more than 20%, then the private trader will be fined 5 thousand rubles, an official - 25–35 thousand rubles, a legal person - 300–400 thousand rubles.

An organization or individual entrepreneur who violated the weight during loading will have to pay a fine in the amount of 250,000 to 400,000 rubles. and from 80,000 to 100,000 rubles. respectively.

Officials of road safety bodies are authorized to consider cases of administrative offenses provided for by this article. Wherein . A resolution is immediately issued on the recovery of a fine for exceeding the axle load or the total mass of the vehicle, a copy of which is handed over to the driver.

If the person against whom the administrative offense case is being instituted does not agree with the fine, then a protocol is drawn up and the case will be considered in the traffic police department serving the territory in which the offense was revealed.

Usually the traffic police inspector in such cases is accompanied by a weight control car with special markings applied to the body. The machine is equipped with technical equipment that allows you to determine the weight of the truck and the axle load, how much congestion is.

Weight control

Important! Only heavy duty vehicles are subject to this article. vehicles. Cars or even the Gazelle are not subject to congestion checks.

Penalty received, what to do

So, the decision to recover the penalty for the superiority has been received. Usually, it is handed directly to the person in respect of whom it was issued, or, if the person did not appear for consideration, it can be sent by registered mail with notification.

Important! Refusal to receive such a letter is a proper notification of the offender, therefore, an attempt to prove the fact of non-receipt in the future will not make sense.

If you are confident in your correctness and evidence confirming it, you can appeal the decision to a higher official of the traffic police or challenge it in court. The deadline for filing a complaint is 10 days from the date of receipt of a copy or from the moment of refusal to receive it. The complaint is filed with the traffic police body that issued the decision. And already the person who signed the decree sends the complaint to the judge or to a higher superior.

You can also file a complaint directly with the body authorized to deal with it. If the deadline for appeal is missed for a good reason, it can be reinstated at the request of the applicant.

If the decision was made lawfully and is not contested by the violator, then the fine must be paid as soon as possible. There are several ways to pay a fine for reloading a truck in 2018:

• Through an ATM or terminal. To pay, you must enter the UIN (unique identification number), which is available for each decree, bring the barcode to the reader (for terminals) or dial the details manually.
• Internet banking. The actions are the same as in the first case.
• On the website of the traffic police.
• Through State Services.

Payment of the penalty

Whichever payment method is chosen, it must be done within 2 months from the date of entry into force of the resolution.

If the decision was not paid within the established two-month period, such actions are considered an offense and fall under Article 20.25 of the Administrative Code of the Russian Federation. The person who made the delay will again be brought to administrative responsibility for evading the execution of an administrative penalty.

The article provides for a double fine as punishment, up to 15 days of arrest, up to 50 hours of compulsory labor. In this case, the initial fine will still have to be paid. The limits for the re-imposition of a new fine in the order of Art. 20.25 is not provided, that is, in case of non-payment, they will be fined indefinitely.

Simultaneously with the drawing up of the protocol under this article, the initial decision is sent to the bailiff service for compulsory execution. Here, the terms are much shorter (5 days for voluntary payment), and the powers are very broad. Here is a partial list of enforcement measures that can be applied to a debtor:

• foreclosure on den. facilities;
• arrest and sale of property;
• restrictions on traveling abroad;
• ban on registration actions;
• restriction of cash transactions of the organization;
• seizure of receivables;
• seizure of a share in the authorized capital of other legal entities. persons;
• search for property, etc.

How to report an overload

If a citizen believes that a moving vehicle has an overload, then he can report such a violation by calling 02 or the free telephone of the traffic police hotline (+7 800 222-74-47). However, it is worth remembering that it is very difficult to determine congestion by eye. Therefore, you need to carefully approach such a call.

Changes in legislation

Article 12.21.1 was last modified in 2015, when it was significantly expanded and revised. A division was introduced depending on the percentage of overload, the size of fines was adjusted upward, and several new parts were added. There are no plans to make any changes to this article in 2018.

Own control

A fine for overweighting a truck or overloading an axle is a serious offense that can have dire consequences. To avoid the application of an administrative penalty under this article, the driver must keep track of the amount of goods being loaded, and the organization and the entrepreneur must not pursue immediate profit and establish tight control over the loading work.

The quality of Russian roads is poor. The well-known statement of the Russian classic about the two main troubles of Russia, unfortunately, is still relevant today. In addition to poor-quality, one might say, surface repair of roads, the traffic load has a great influence on its condition. It is overloaded trucks that, according to experts, are the main destructive force. They decided to fight this by using a special penalty for axle overload, which was doubled in 2016. Rebuilding roads requires a lot of money, and increased foreclosure is a strong argument in favor of avoiding overloading.

As practice shows, a large share of intercity transportation is accounted for by Gazelles - a low-tonnage car, without additional seats for passengers. Despite the fact that their permissible weight does not exceed the permissible norm for city roads and highways, the amount of the penalty was increased for them as well. Of course, the quality of the roads is also of great importance. Everyone knows that in these works, local self-government bodies often like to save budget funds, as a result, the service life is significantly reduced. In the struggle for a decent road surface, the leadership of some regions of the country holds repairmen and builders accountable if the quality of work does not meet the declared standards.

Consequences of overloading a car

If we leave the question of the destruction of the roadway for a minute and look at the consequences of overloading from the position of the car, we will get the following picture:

• there is an intense consumption of fuel and other substances;
• the process of wear of the gearbox, clutch is accelerated, brake system, suspension, saddle lock. The axle of the car also suffers;
• the maneuverability of the truck is deteriorating. This is due to the erasure of the pattern on the rubber.

If you are not embarrassed by the fact that overloading a truck is the main reason for the poor quality of Russian roads, then at least think about your car. Observing the rules dictated by the traffic police in 2016, you have every chance to extend the life of your iron horse. Save money on forced repair work, and be able to transport goods on time, without any delays. If we consider axle overload from this point of view, it turns out that breaking the law is more expensive for us. Well, don't forget about the increased penalty for overload. So it turns out that it is cheaper and safer to comply with the adopted law.

Basic road requirements

If you managed to get caught on your Gazelle by the authorities (in this case, the traffic police) and earn a fine, whatever it may be, then we recommend not rushing to pay it. You may have a chance to appeal it. Oddly enough, but the law provides for cases when you can significantly reduce the amount of the administrative penalty. True, for this you will need to put forward a counter appeal to the court. This is the law. It is advisable to do this when you have been given a large penalty for overloading.

Cases when you can put forward a counter claim for axle overload:

• if the road on which a violation was recorded by the traffic police inspector does not meet all regulatory requirements for loading;
• there is a gross violation of the established rules during the construction of the road;
• the roadway is far from SNiP 2.05.02-85 standards.

If there is at least one point, you have every chance to reduce the amount of the administrative penalty. How much you pay in the end will depend on the court.

Gazelles are the first to suffer from the poor quality of roads. Moreover, this applies to both cargo and passenger cars, which implies the presence of a certain number of passengers in the cabin. A road that complies with all SNiP norms must withstand the normative vertical and short-term load without any problems. At the same time, the roadbed must remain intact and safe.

In 2016, it is customary to distinguish between 5 road categories:

• 1st and 2nd category. This is a capital asphalt concrete pavement. Here a load of up to 10 tons per axle is allowed. This is the maximum figure.
• 3rd category. Improved gravel and asphalt pavement. As well as in the first two categories, a vehicle axle load of up to 10 tons is allowed.
• 4th category. There is a hard gravel surface here. The maximum permissible axle load of the vehicle is 6 tons.
• 5th category. An unpaved road that is paved on the ground. The maximum axle load must not exceed 6 tonnes.

How is the axle overload penalty determined?

It would be a little strange to assume that traffic police inspectors determine vehicle overload by eye. Determining the percentage of Gazelle overload without passengers in this way is simply impossible, even for the most experienced employees. The only moment that a violation can give out is curved springs, which inevitably deform under the weight of the materials being transported. If you consider yourself an experienced driver, then you should know that there are special weighing points for the traffic police, which are installed right on the roads. If you suspect that the car is overloaded, the traffic police inspector has the right to ask you to enter the check scales. If the suspicions are confirmed, a traffic violation protocol is immediately drawn up.

Discrepancies between the real weight and that indicated in the accompanying documents in 2016 are punished as follows:

• The driver receives a fine of 5,000 rubles.
• The person responsible for preparing the accompanying documents for the car will pay from 10,000 to 15,000 rubles.
• The transport company, which, in fact, sent the transport on the flight, will pay from 250,000 to 400,000 rubles.

If you add up all the fines mentioned, then violation of the established norms in 2016 can cost a fortune. If, nevertheless, it became necessary to transport a heavy cargo without passengers over a long distance, then it makes sense to visit Avtodor and try to get an appropriate solution. And don't be intimidated by the paperwork. In this case, it will definitely not be superfluous. Avtodor can fully legalize your dangerous and heavy cargo. Route, weight, content, etc. will be taken into account. After spending a little time on obtaining a permit, you can safely hit the road with peace of mind and not think about what kind of fine you will have to pay.

Damage tariffication

In 2016, the Administrative Code determines the amount of the fine for an overloaded vehicle based on the condition of the local Federal Road. The main indicator is the damage from a truck to a road section of 100 km. It is not at all difficult to calculate the damage from this or that overload percentage:

• overload 2 -10% - 925 rubles;
• overload 10-20% - 1120 rubles;
• overload 20-30% - 2000 rubles;
• overload 30-40% - 3125 rubles;
• overload 40-50% - 4105 rubles;
• overload 50-60% - 5215 rubles.

Official data state that the damage from an overloaded truck in the Far Eastern and Central regions is much higher than in the Volga and Southern regions. Based on this, the penalties in the first two regions are much higher. Among other things, the law makes it possible to calculate what kind of fine a driver will pay with an overload on an axle, depending on weather conditions. For example, in the Rostov region a decree was issued, which is intended to increase the base rates of damage that was caused in the summer, when the asphalt is significantly softened. Since October, these rates are not valid.

Overloading a truck in case of violation of a road sign

Traffic sign 3.12 means that the axle load must be limited. Gross violation of this warning is also fraught with consequences. If you know that the load is exceeded, then further movement on the highway, which has such a sign, means a violation of traffic rules, and this is an inevitable meeting with traffic police officers, fines and explanations. In this case, ignoring the sign will cost you from 2,000 to 2,500 rubles. And the punishment may not be limited to this. Traffic police have every right to take your car to the penalty area until you eliminate the overload. It's time and money. Such consequences can be avoided with the help of the same Avtodor, or rather, an official permit for a certain axle load. It makes sense to spend a little time getting it.