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;
- deteriorates maneuverability truck... This is due to the erasure of the pattern on the rubber.
If you are not confused by the fact that overload 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 renovation work, and be able to carry out the transportation of 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 protocol of violation of the rules is immediately drawn up. road traffic.
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 officers have full right pick up your car to a penalty site 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.
Good afternoon, dear reader.
In the near future, the next changes in traffic fines will take place. This is about November 20, 2011 when come into force new fines for overloading the car.
The corresponding federal law N 296-FZ was published in the Russian newspaper on November 9, 2011. In accordance with this regulatory legal document, changes will be made to:
- The federal law " ".
Axle overload penalty
First, let's look at the changes that affect axle overload penalty or for exceeding the permitted maximum weight.
In this case, the innovation lies not in the fact that the size of the fine has changed (it is, as before, equal to 1,500 - 2,000 rubles for the driver), but in the fact that it is now possible to exceed the permitted weight only by quite a bit:
3. Carriage of heavy goods in excess of the permitted maximum mass or axle load specified in a special permit by more than 15 percent -
3. Carriage of heavy goods in excess of the permitted maximum mass or axle load specified in the special permit, more than by 5 percent -
entails overlapping administrative fine for a driver in the amount of one thousand five hundred to two thousand rubles; for officials responsible for transportation - from ten thousand to fifteen thousand rubles; for legal entities - from two hundred and fifty thousand to four hundred thousand rubles.
So, if earlier Article 12.21 1 of the Administrative Code allowed exceeding the maximum mass or axle load by 15 percent, now this value has decreased by 3 times (up to 5 percent).
Penalty for inaccurate information about the weight and dimensions of the cargo
From November 20, 2011, the Code of Administrative Offenses will be introduced completely new fine The traffic police, which will be imposed for the provision by the consignor of inaccurate information about the dimensions and weight of the cargo:
3 1. The provision by the consignor of inaccurate information about the weight and dimensions of the cargo, if this entailed a violation of the rules for the carriage of bulky and heavy cargo, -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand rubles; for individual entrepreneurs - from ten thousand to fifteen thousand rubles; for legal entities - from two hundred and fifty thousand to four hundred thousand rubles.
The amount of the fine for such a violation can range from 5,000 rubles for citizens, up to 400,000 rubles for legal entities.
Penalty for non-compliance with the requirements of road signs
A new special fine is also introduced for violation of the requirements of road signs limiting the total mass of a vehicle or axle load. In this case, we are talking about the following signs:
5. Failure to comply with the requirements prescribed by road signs prohibiting the movement of vehicles, including sets of vehicles, the total actual mass of which or the axle load exceeds those indicated on road sign if the movement of such vehicles is carried out without a special permit, -
shall entail the imposition of an administrative fine on the driver in the amount of two thousand to two thousand five hundred rubles.
The size of the new fine for drivers will be 2,000 - 2,500 rubles. This significantly exceeds the amount of the usual fine for violating the requirements of road signs (500 rubles), which you can find per year.
Penalty for distorting information about the weight and dimensions of the cargo
Another change does not apply to the Administrative Code, but to the Federal Law "Charter road transport and urban land electric transport ":
3. For failure to indicate in the waybill special marks or necessary precautions during the carriage of goods, or for distortion of information about the properties of the goods, a fine of twenty percent of the carriage charge is levied from the consignor. Payment of the fine does not relieve the shipper from compensation for damage caused to the carrier by such violations.
3. For failure to indicate in the waybill special marks or necessary precautions during the carriage of goods, or for distortion of information about the properties of the goods, including about its weight, dimensions, condition and degree of danger, a penalty in the amount of twenty percent of the carriage charge is levied from the consignor. Payment of the fine does not relieve the shipper from compensation for damage caused to the carrier by such violations.
In this case, we are talking about the fact that now if the shipper indicates incorrect information about the weight or dimensions of the cargo, then a fine of 20% of the carriage charge will be levied from him.
I believe the introduction of new congestion penalties is intended to restrict the movement of heavy vehicles in areas where it could harm the road surface. Let's hope that this will save at least some of the roads in good condition for a long time.
By the way, if you have any suspicions that a new fine has been imposed on you for overloading the car, then you can, and then also.
Good luck on the road!
In Russia, the maximum permissible load on the roadway has been established. Passing vehicles are checked against two benchmarks: total weight and axles. It is allowed to exceed the norms only with a special permit, otherwise the driver faces a fine for overloading.
Why set a penalty for exceeding the load mass? This measure was introduced to ensure safe road traffic, as Russian roads are increasingly in critical condition due to heavy haulers, which are highly prone to skidding and overturning. The trailer can come off and knock passing cars. Therefore, heavy vehicles are subject to strict control, and any violations are punishable by significant fines.
How to determine the degree of overload
Overload - exceeding the permissible load on the roadway. The main normative act that regulates cargo transportation is the Federal Law on Highways (Federal Law No. 257 of 08.11.2007). According to the document, the driver must necessarily obtain a permit for further movement if the car is overloaded by more than 2%.
There is a whole system of criteria that helps traffic police officers determine the fact of a violation.
Below is the limit permissible weight for heavy trucks with different number of axles:
The next indicator is axle load. Sometimes there is an uneven distribution of the load along the axles. The load is calculated using a special formula. The calculation takes into account the type of tires, the number of axles, and the weight of the vehicle itself.
The exact value of the load can only be determined approximately. The procedure is as follows:
- the weight of the car is recorded in the registration document;
- the weight of the luggage is calculated (the invoice does not always contain correct information);
- the resulting number is divided by the number of axles.
The maximum value is always taken into account, since it is on it that employees will focus on weight post... If a violation is detected, a protocol is drawn up. The car is delayed and delivered to a special parking lot. There he remains until the moment the advantage is eliminated.
There are special calculators on the Internet. With their help, you can automatically perform the necessary calculations. By the decree of the government of the Russian Federation, a table has been developed that allows you to determine the load rate for a specific machine.
Example. The Gazelle truck with a weight of 15 tons has 4 closely spaced axles. He drives on the M1 motorway. The weight of its cargo is 16 tons. Below are its parameters:
Under these circumstances, the overload rate on the rear axle is 0.8 t (5%).
Weight control: methods
There are 2 types of weighing posts:
- stationary (along roads in certain areas);
- mobile (mobile posts in the form of vans).
Vehicle weight control can be:
- static;
- dynamic.
During static weighing, the machine is stationary on the measuring platform. This method accurately determines the total weight and axle load. The dynamic method is used when a truck passes through special sensors at low speed (up to 5 km / h). The instruments read data on each axis. The main disadvantage of this method is a possible deviation of up to 3%.
Fines for overloading a car
If the car is overloaded, penalties apply. Below is information about the amount of fines for each specific case (Article 12.21.1 of the Code of Administrative Offenses of the Russian Federation):
| Excess weight | ||||
| The amount of the fine (thousand rubles) | to 10% | 10%-20% | 20%-50% | >50 |
| 1. Individual (driver) | 5-10 or confiscation driving license for up to 4 months | 7-10 or confiscation of driver's license up to 6 months |
||
| 2. Official (shipper) | up to 15 | up to 30 | up to 40 | up to 50 |
| 3. Legal entity | 100-150 | 200-250 | 300-400 | 400-500 |
Depending on the degree of overloading, the organizations (IE) responsible for the loading process are fined in the amount of 80-400 thousand rubles. Severe sanctions are also envisaged in relation to the consignor who indicated inaccurate (false) data in the accompanying documentation.
If the mass of a loaded car is greater than that on a special restricting sign, this is punishable by a fine of 5 thousand rubles.
Important nuances
The control system is not perfect: when overloading, the driver is often the culprit. He may lose his driver's license and receive a large fine, in reality not knowing about the real weight of the cargo.
Judicial practice shows that a driver can become a victim of an unscrupulous employer. Here a lawyer will act as a good helper, who will help you sort out all the details and appeal the punishment.
Special permission for transportation
A special permit is an important document indicating the route of the vehicle, the type of cargo and the time of transportation. Validity period - 90 days, number of shipments up to 10.
An application for the issue of a document is submitted to one of the following organizations:
- The owner of this section of the track.
- Local authority: when driving within the city, district or village.
- Ministry of Transport: when driving on local and municipal roads.
- Rosavtodor: when the path runs through several regions.
There is a fee for receiving - about 1.5 thousand rubles (the cost depends on the subject of Russia). The collected money is used to restore the roadbed destroyed by heavy trucks. Period for issuing a permit: 11-25 days. During this time, the route is agreed upon, and the possible damage is assessed.
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 means exceeding the maximum permissible weight vehicle or permissible single axle load 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 advantage during the check was no more than 20%, then individual will pay a fine of up to 2 thousand rubles, official - from 15 to 20 thousand rubles, legal - 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 case of an administrative offense is being initiated 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. Installed in the car Technical equipment, which allows you to determine the weight of the truck and the axle load, how much congestion is.
Weight control
Important! Only heavy goods vehicles are subject to this article. 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. funds;
- 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 car vehicle has an overload, then he can report such a violation by calling 02 or toll-free hotline Traffic police (+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 loading operations.
Overloading vehicles is one of the problems of road surface destruction. In 2014 alone, 3 laws were adopted changing the rules for the passage of heavy vehicles. The concept of vehicle overload and overload liability will be discussed below.
Vehicle overload - axle load - the load of the vehicle weight, which is transferred to the road surface.
Vehicle weight is calculated as the sum of the rear axle load and the front axle load.
On some sections of the highway and almost in front of every bridge, you can see the 3.12 sign, which sets a limit on the weight of vehicles passing on it. If the load on any of the axles of the car exceeds the limit established by the sign, then the driver is obliged to drive the route in a different way. For ignoring the mark, article 12.21.1 of the Administrative Code provides for liability in the amount of 2 - 2.5 thousand rubles.
Overloading is dangerous by breaking roads, the likelihood of accidents, lengthening the braking distance, which can also lead to accidents. In this case, the driver is always responsible for an overloaded vehicle.
The vehicle weight is checked at checkpoints. If the maximum permissible axle load is exceeded, the driver may be fined from 1,500 to 15,000 rubles, and the amount of the fine for carriers - legal entities - from 250,000 to 400,000 rubles. In this case, the overload of a truck is allowed no more than 5%.
To drive with bulky cargo, you need to have a special permit issued by the shipper. Driving without it is punishable by a fine of 2,000 to 500,000 rubles.
Of course, carriers often face dishonest shippers who indicate one weight in the papers, when in fact there may be a serious overweight. In this case, traffic police officers fine the driver and the owner of the car. In this case, the law provides for fines for individuals. persons - 5,000 rubles, and for a legal entity - from 250,000 to 400,000 rubles. At the same time, it should be noted that for a significant excess of the weight of the cargo, the vehicle is threatened with being sent to a parking lot before the payment of a fine.
As practice has shown, it is almost unrealistic to challenge the fine for overload in court. Here you need an experienced lawyer who is well acquainted with the specifics of this area.
Who pays for the congestion
There is only one advice to carriers and drivers - to carefully check the cargo and its weight before accepting it. The imposition of a fine on one of the parties to the contract of carriage does not eliminate the liability of the other party. This feature should be taken into account in their activities by both the carrier and the consignor. In the footnote to Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation states that for the administrative offenses provided for by this article, persons carrying out entrepreneurial activities without forming a legal entity are administratively liable as legal entities, that is, carriers - individual entrepreneurs also pay an increased amount of the fine. In this case, if the shipper deliberately distorted information about the weight of the cargo, then you can file a claim for damages against him.
Reimbursement of losses for overloading the vehicle by the consignor.
Clause 3 of article 35 UATiGNET (Charter of road transport) establishes the responsibility of the consignor for failure to indicate special marks on the waybill or precautions necessary for the carriage of goods, or for distortion of information about the properties of the goods in the amount of 20% of the freight charge. Payment of the fine does not relieve the shipper from compensation for damage caused to the carrier by such violations. Thus, in the event that the shipper incorrectly indicated the weight of the cargo in the bill of lading or in the application, the carrier has the right to demand that a 20 percent fine be paid to him and compensated for damage, which can include:
Administrative fine on the carrier for violation of the maximum permissible vehicle weight;
Payment for the stay of the vehicle at a special site (parking lot);
Payment for the inflicted road harm.
Compensation for damage refers to measures of civil liability, therefore, its application is possible only if there are conditions of liability stipulated by law. Demanding to pay a fine and compensate for damage incurred due to the indication by the consignor of incorrect information about the weight of the cargo, the carrier is obliged to prove:
The fact of distortion of information;
The presence and amount of damage suffered;
Causal relationship between legal relationship and damage.
To prove the fact of distortion of information about the weight of the cargo, the carrier is obliged to weigh the cargo separately and separately the vehicle with prior written notification to the consignor and receive a weighing certificate in his hands. Only in this way will it be established that:
Exceeding the permissible vehicle weight was admitted due to the consignor's dishonest behavior;
There were no foreign objects in the cargo compartment of the vehicle that could lead to an excess of the permissible vehicle weight.
At the same time, the presence of only one act of weighing a vehicle with a load will not be sufficient to prove the fact of distortion by the consignor of information about the weight of the cargo in the waybill.
The law establishes a ban on the movement of heavy vehicles on public roads with an excess of the permissible weight by more than two percent.
The overload is calculated not by the total mass, but by the load on each axle of the truck. Therefore, even if the total mass of the cargo is within the normal range, but it was unevenly distributed, this is also a violation.
Responsibility of the shipper for overloading the vehicle
Responsibility for it is provided for by article 12.21.1 of the Administrative Code, and it is revealed in two main ways.
1. Weighing at weight control posts.
In this way, drivers, people responsible for transportation and organizations are involved in overloading. It is highly regulated. Most often, the Order of the Ministry of Transport of 04/27/2011 N125 is violated, according to which the inspector can stop you for inspection only if he has “preliminary results obtained using automated systems for weight and dimensional control of vehicles in motion”. The inspector cannot stop a heavy load just like that, he must have information about preliminary weighing, according to which a particular car has certain deviations in the axle load. If there are no such results, then he has no reason to stop and direct him to any weighing.
You should not insist too much on the observance of this provision, because there is a risk of being punished for "disobeying a legal requirement", and the missing preliminary results may then appear from nowhere. Nevertheless, you need to confidently point out to the inspector that the stoppage is unreasonable, and also reflect this circumstance in writing in the protocol itself, if it comes to drawing it up.
2. Automatic fixation.
In this case, the owner of the heavyweight is involved. It does not matter who owns the vehicle: a "physicist" or a company - the penalty for all is equal and maximum.
The use of automatic commit is an innovation of the last two years. In 2016, at almost all exits from Nizhny Novgorod, so-called frames were installed with equipment that fixes in automatic mode overload along the axles of freight vehicles. These frameworks are already in full swing in Balakhninsky, Semenovsky, Shatkovsky and other districts.
The fine is from 150 to 500 thousand rubles, and this practice threatens to ruin the freight carriers and can ruin the transport business in our region. A mockery against this background looks like an offer to take advantage of a 50% discount for 20 days.
According to the Code of Administrative Offenses, the owner of the car, who received a fine from the camera, is released from administrative responsibility if he proves the guilt of another person. Such culprits are actually the driver, the cargo owner who carried out the loading and the renter of the car.
Our lawyers will be able to prove your innocence, but to help us in this, please follow a few simple conditions:
- Maintain the correct paperwork for transportation
- Save TNK, TTNK and waybills
- Have OSAGO for an unlimited number of people.
- Remember, the appeal period is 10 days
Explain to the real culprit that he will avoid responsibility, since the statute of limitations for attracting is two months.
It remains to cancel the illegal decision!
Car overloading: control over violations, norms and fines
Responsibility for overloading a truck in 2017
Axle overload penalty
Not so long ago, the rules came into force, according to which the standard for overloading vehicles along the axles has become much stricter - previously a deviation of 15% was allowed, now by only 5%.
Article 12.21.1 of the Administrative Code of the Russian Federation. Violation of the rules for the transportation of bulky and heavy cargo
3. Carriage of heavy goods in excess of the permitted maximum mass or axle load specified in a special permit by more than 5 percent -
(as amended by Federal Law of 06.11.2011 N 296-FZ)
shall entail the imposition of an administrative fine on the driver in the amount of one thousand five hundred to two thousand rubles; for officials responsible for transportation - from ten thousand to fifteen thousand rubles; for legal entities - from two hundred and fifty thousand to four hundred thousand rubles.
3.1. The provision by the consignor of inaccurate information about the weight and dimensions of the cargo, if this entailed a violation of the rules for the carriage of bulky and heavy cargo, -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand rubles; for individual entrepreneurs - from ten thousand to fifteen thousand rubles; for legal entities - from two hundred and fifty thousand to four hundred thousand rubles.
(Part 3.1 was introduced by the Federal Law of 06.11.2011 N 296-FZ)
For 2018, there is also a fine for inaccurate information about the weight and dimensions of the cargo - it is imposed on legal entities, and very weight - from 5,000 for citizens to 400,000 for legal entities.
A separate article regulates violations of the requirements of road signs on the maximum load or axle load. The amount of the fine for overloading the car in this case will be from 2,000 to 2,500 rubles.
Penalty for distorting information about the weight and dimensions of the cargo
Another fine is provided for by the Code of Administrative Offenses of the Russian Federation, and by the Federal Law "Charter of Motor Transport and Urban Land Electric Transport":
If the consignor of the cargo incorrectly indicates the information about the weight and dimensions of the cargo in the waybills, he may be fined 20% of the carriage charge.
In general, the introduction of fines for overloading trucks is aimed primarily at preserving the roadbed.
Legal Issues
What is the threat of overloading a car and a truck?
Regularly, thanks to freight vehicles, many goods are delivered to the cities of Russia. Each carrier is obliged to closely monitor the load indicator of the car, because in case of violation of the established rules, a fine will follow.
Overload is the axle load of a vehicle, that is, the weight of the vehicle that is placed on the road surface during a trip. The total mass is calculated on the basis of two indicators: the load on the rear axle and the front.
Heavy vehicles, on the other hand, often carry more rear loads as they carry various types of goods.
On many highways, including those in front of bridges, drivers can see the 3.12 sign. It indicates weight restrictions and prohibits the passage of vehicles with overload. In this case, the driver undertakes to drive the specified section in a different way, otherwise there will be a fine established by Article 12.21.1, Part 5 of the Administrative Code.
Responsibility for transhipment
In accordance with current legislation, responsibility is assigned to several persons. First of all, the driver himself will suffer from unlawful acts - an administrative offense is punishable by a fine.
If an authorized person is an organization or an enterprise engaged in the transportation of goods, then as a result of such an offense, both the enterprise itself and its managers will suffer. In this case, it should be noted that if the car was rented by the carrier, then all responsibility for the offense rests with the renter.
In the event that the offense was established and recorded by road cameras, the owner himself will be directly responsible for the deed. And this applies not only to ordinary citizens, but also to legal entities and individual entrepreneurs.
As for the fines themselves, for overloading they will be the same for individual entrepreneurs as for legal entities (enterprises). This is indicated in the footnote of the article for overloading the vehicle. The final amount of the fine is calculated depending on the mass of the overload, and the presence of a permit to work with large cargo is also of great importance, since there is a separate article for exceeding the mass in it.
Getting permission
To obtain a permit for the carriage of goods, you need to go through a difficult procedure:
- Submit a request for permission to the customer of the carriage.
- Fill out the application and send it to road service(depending on the route of the vehicle) indicating technical specifications, metric data and other information obtained from the customer of transportation.
- After agreeing and checking the route, arrive at the local traffic police department to obtain a pass.
Only after obtaining this permission can you start transporting goods. This procedure takes a long time, depending on the availability of all the necessary documentation and other factors - from 7 to 30 working days.
Checkpoints
Checkpoints are placed on many tracks to check the weight of trucks, in particular each axle. In case of violation of the established norms, the carrier will be punished under Part 3, Article 12.21.1.
However, legislation suggests that a slight overload is possible. The same article indicates an admissibility within 5%.
At checkpoints, the carrier may be fined under Part 1 of the same article, if it is found that he does not have a special permit for transportation. The driver receives it on a specialized Internet resource or from the consignor. In this case, the punishment ranges from 2,000 rubles to 500,000.
Fines and penalties for overloading
It is quite simple to find out what amount of the fine may be. To do this, it is enough to refer to article 12.21.1 of the Administrative Code of the Russian Federation. It should be noted that the fine and the amount directly depend on the offense, in particular on how much the actual load is greater than the established norms.
In accordance with the established punishment and offense, the driver can be issued not only with a fine, but also the vehicle is sent to the car park. Then you will have to pay extra for his stay.
The amount of the fine differs depending on who it is being drawn up for. So, for ordinary citizens it will be minimal - from 2,000 rubles, and the maximum amount is 500 thousand rubles, which threatens legal entities in case of violation of the established rules. It is not unimportant that violators will also bear extreme responsibility, which, in the event of overload, is half of the permissible norms.
The established standards in the table below:
Group "A" includes cars, which are allowed to operate on roads of I-III categories, to group "B", the operation of which is permitted on all roads.
