What is the punishment for the driver for overloading the vehicle. Punishment for overloading a truck along the axles

The weight of the loaded truck and the load per axle are the parameters that must be strictly adhered to. On different roads, the permitted load of a truck is different. Therefore, the driver and the organization that owns the vehicle must clearly know the restrictions that exist on each section of the route. Overloading will be both premature destruction of the roadbed and the risk of an accident with a heavy vehicle out of control. A fine for overloading a truck in 2018, what amounts are being fined for drivers and responsible persons.


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Who is responsible for the transshipment of a cargo vehicle in 2018

According to the legislation, different entities may be responsible for exceeding the maximum weight of the entire vehicle or the load on each axle.

First of all, this is the driver. For him, minimum fines are provided, but they will be minimal in comparison with fines for other subjects who may be punished. One way or another, I mean thousands of rubles.

Also, officials of the carrier company responsible for transportation can be fined. Here, the order of the amount of the fine is measured in tens of thousands of rubles.

The company can also be fined in general - by hundreds of thousands of rubles.

Please note that the individual entrepreneur in this case is equal to the organization, and the penalty will be exactly the same.

And, finally, the owner of the vehicle can be fined. It doesn't matter if it is an organization or an individual, the amount of the fine will be hundreds of thousands.

Fines are imposed on the owner if the vehicle overload is detected by automatic photo and video cameras. The state will not figure out who was driving, who was responsible for transportation as a responsible person in the organization, etc.

The specific amount of fines will be related to how congested the vehicle is. The greater the percentage of overload from the norm, the greater the amount of the fine.


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What determines the amount of the fine for overloading the truck

Overloading starts from the moment when the maximum permissible vehicle mass or the load on one axle is exceeded by 2% or more.

Typically, the vehicle is weighed at specialized stationary weight control points. As a rule, on the section of the road where there is a similar point, all cargo vehicles are required to pass on specialized scales at low speed.

Mobile checkpoints are sometimes used as well. In this case, a specialized platform can be installed on almost any section of the road.

Overloading up to 2% is not subject to a fine. This figure is laid down as an error of the scales at the control points. Thus, if the inspectors try to provoke the driver to bribe when the overload is just under 2%, then the threat that they will issue a fine does not make sense, since they do not have this right.

The Code of Administrative Offenses in 2018 has the following gradation of vehicle overload, in accordance with which the amount of the fine is increased:

  • 2-10%,
  • 10-20%,
  • 20-50%,
  • over 50%.

Another important point is the possible coordination of overload. If government agencies issue a separate permit for the carriage of goods in excess of the permissible mass or axle load, then within the limits of this agreement, the overload will be permissible.

Thus, if the truck is found to be heavier than allowed, then a fine will also be imposed for this.

In this situation, the percentage of overload will no longer be calculated from the vehicle mass or axle load allowed in this section, but from the limit contained in the permit.

And in this case, they begin to fine only if the overload exceeds 10% of the mass or axle load specified in the permit. Overloading up to 10% is not subject to fines.


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What are the fines for overloading trucks in 2018

As for the fines for drivers for overloading a truck, the table of fines according to the level of overloading in 2018 is as follows:

Drivers need to take into account that fines will not be the only penalty for overloading. For this violation, they may be deprived of their driver's license.

With an overload of 20-50%, the period of deprivation of rights is 2-4 months, with an overload of more than 50% - 4-6 months.

Fines for officials responsible for transportation and who allowed a vehicle to enter the road with overload are as follows:

Fines for legal entities (enterprises using a cargo vehicle) are as follows:

Fines for vehicle owners issued exclusively by fixing the violation with automatic photo and video cameras:

An overloaded car, both a passenger car and a truck, is a great danger to the driver and other road users. In addition, it creates an increased load on the road surface, which suffers in any case. How to calculate overload, and what are the penalties for driving with violations today? Each driver must understand his responsibility and know what threatens him.

Permissible vehicle weight

In the summer of 2015, amendments to the relevant acts on the carriage of goods on Russian roads came into force. Based on this document, new standards for the permissible vehicle weight have been introduced.

For example, the maximum weight of a car that has the right to drive on the road without additional permission is 44 tons. This is the maximum maximum.

Of course, there are no such standards for passenger cars. But does this mean that you can overload your car and drive with impunity? The limit does exist. It consists in the fact that it is prohibited to carry a large number of passengers. This is punishable by a corresponding fine.

For trucks, the axle load rule applies. This is the most important point in the calculations. In order to understand exactly how the load is calculated, you need to understand the simplest concepts.

So, all cars are divided into two classes:

  1. "A" - operated on the routes of three categories: the first, second and third, respectively.
  2. "B" - ongoing movement on any road.

Valid values ​​are listed below.

First of all, for cars:

  • with two axles - 18 tons;
  • with three axles - 25 tons;
  • with four axles - 32 tons;
  • with five axles - 35 tons.

As for road trains, other standards have been established for them:

  • with three axles - 28 tons;
  • with four axles - 36 tons;
  • with five axles - 40 tons;
  • with six axles and more - 44 tons.

How to calculate?

The load is calculated using a complex formula. You also need to consider the maximum weight for a particular road category. The load of a truck is distributed as follows: it is less on the front axle, on the rear (or rear) it is much higher.

When the car drives into the scales at the post, the control officer uses a special reference book, which contains a huge number of types of vehicles and describes the detailed load on their axles. Let's look at a few examples and determine how it folds onto each axis.

The GAZelle cargo truck has two axles: front and rear. The total weight of the car is summed up by the formula:

M TS = N PO + N ZO, where:

It would seem that everything is simple, but for other vehicles it is not always possible to apply this formula. Three-axle vehicles with two combined axles have to be calculated differently. For example, let's take a Kamaz -53215 car. The calculation is already being carried out according to the formula:

M TS = H PO + H t, where:

  • М ТС is the mass of the vehicle;

table

Consider the table of permissible loads. Note that the rates are given for each axis.

The calculation should be made as accurately as possible, since the error can be no more than 5%. The closer the axles are to each other, the greater the pressure on the road surface. This explains the dependence on distance.

Legal restrictions of other countries

When sending a loaded car outside of Russia or for goods, it is important to study the legislation in order to avoid fines that can significantly affect the budget.

Below is a table with which you can determine the gross vehicle weight in some countries.

Countries / vehiclebiaxialtriaxialfour-axle2 axle trailer3 axle trailer4-axle road trainroad train in 5 and 6 axlesroad train semitrailer 3 axlesroad train semitrailer 4 axles
Poland19 26 30 18 24 37 40 29 38
Germany17 24 32 18 24 35 40 27 35
France19 26 26 19 24 38 40 - 38
Belgium19 28 32 20 30 38 44 29 39
Spain20 26 26 20 26 38 38 - 38
Belarus20 25 26 20 26 36 44 - 38
Kazakhstan18 25 32 18 24 32 44 28 38

Transport companies carefully study the information and laws of other countries and insure those who turned to them.

Statistical and dynamic weighing

At special points located on the track, a check weighing takes place in order to determine whether the car is overloaded and what is the axle load.

Weigh it in two ways:

  • in static;
  • in dynamics.

Both of these methods are used today, let's find out what is the difference between them. So, static weighing is as follows: the car drives into the scales and stops. This method determines the exact weight of the vehicle at the moment.

Weighing in dynamics occurs when the vehicle is moving slowly. This method is necessary to determine the load on each axle. The car moves on the scales at a speed not exceeding 5 km / h.

The only disadvantage of this method is the error, which you definitely need to know about. The maximum it can be 3%.

All scales used today at weighing points are predominantly electronic. The entrance to them is made using a ramp. Not always two types of scales are installed at the same post.

Responsibility for overload

Undoubtedly, all citizens with cars are aware that there is a liability for overloading. This is most often encountered by truck drivers. Most of the owners of light vehicles do not think about overloading at all.

The maximum permissible weight of a car, if you do not take into account the axle load, is set even before the car leaves the conveyor. Each vehicle document has a line regarding this point.

The manufacturer himself knows how much load the car can withstand. This is influenced by many factors, from the parts used in production to the distance between the axles.

What does the overload lead to?

Responsibility for overloading is a very serious matter. Such actions sometimes lead to serious consequences, among them:

  1. Creation of an emergency. An overloaded vehicle is unstable on the road. In addition, the load creates pressure on the axle, which may not withstand at one moment.
  2. Destruction of the roadway. It's hard to argue with that, but overloaded cars do crash roads. Pits on them are a huge problem for the country, fines are not always able to cover the damage caused.
  3. Vehicle parts and parts quickly deteriorate, the vehicle itself becomes obsolete and breaks down.
  4. If the car is overloaded, the braking distance will be longer, which will create an additional risk of an accident.

These are not all factors on the basis of which drivers can be severely fined.

Truck

Truck drivers also need to be mindful of how to properly transport certain types of cargo:

  • oversized;
  • dangerous and others.

Fines for violation are provided for by Article 12.21 of the Administrative Code. They are divided into three types:

  • for an individual - 1500–2000 rubles;
  • for an official - up to 15,000 rubles;
  • for a legal entity - up to 400,000 rubles.

In some cases, when transporting goods, a permit for carriage may be required. If it is not there, then you will also be fined.

In some situations, when the documents are issued for the cargo, and the weight does not coincide with that presented in the papers, the inspector may additionally impose a fine of 5,000 rubles. For companies, it will increase at least 50 times.

The traffic police inspector does not have the right to issue a fine if the check weighing has not taken place. The overload can be determined by eye, but there is no way to prove it.

A car

There is not a word about overloading of passenger vehicles in the Code of Administrative Offenses. Nobody weighs them on the road. In this case, the inspector may find another reason to issue a fine.

Those who load a passenger car to the eyeballs know how this affects handling, skidding and wear of parts. Most often, car drivers are fined for incorrect transportation of passengers. They can be placed exactly as many as approved in the documents.

Penalties are provided for the following:

  • a warning;
  • 500 rubles for violation of the rules of transportation;
  • 1000 rubles for an unfastened seat belt.

So, overloading a car is a serious violation for which liability is provided. Study the rules well before setting off on the road. If the transport companies take full responsibility for themselves, then the private driver will have to be responsible for everything on his own.

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 overload of freight transport along the axes was worked out and, of course, the practice of collecting huge fines associated with damage to the road infrastructure (roadway) of the Russian Federation was developed. 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's 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 either. 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 traffic violations has 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 road users will suffer.
  2. It extended the service life of highways, especially in terms of increasing the service life of the road to the formation of a rut. The problem of rutting has become aggravated in recent years due to the rapid increase in traffic intensity, as well as abnormal temperatures in the summer.
  3. Overloading leads to increased wear of parts and components of vehicles, as well as increases fuel and oil consumption.

You can independently deal with the problem by reading the article to the end, having found 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 axes 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 for 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, 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

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

  • The weight of the car is determined exclusively on special equipment, namely the scales "VA-20P", 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 weight of the car is 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.

The 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. Decree 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 liability 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 of 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 mass of the transported cargo
    a) for a passenger car, the number of seats and weight 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 of the technical characteristics of a vehicle is the axle load value, i.e. load on the road transmitted by the wheels of the single, most loaded axle. This indicator is associated with both the mass of the transported cargo and 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 oversized, 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, the dimensions of which, 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 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 case when 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 Code of Administrative Offenses of the Russian Federation, but you did not appeal against the decision and did not pay the fine within the time limit established by law, 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 Administrative Code of the Russian Federation, cases of administrative offenses, provided for by Art. 12.21.1 of the Code of Administrative Offenses, 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" 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. receiving by an official personally 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 money on a large scale for committing illegal actions in favor of the persons represented by the bribe-giver and facilitating such actions by virtue of his official position.

Who gave 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 received by a Moscow official 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 well-being of corrupt officials is especially impressive, which will be even more impressive by the end of 2017.

The convicts were taken into custody in the courtroom, the verdict resolved the issues of calculating the terms of punishment and material evidence in the case. The appeal and cassation 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 order dated February 3, 2014 in case No. 33-431 / 2014, in favor of the Federal State Institution "Federal Administration of Motor Roads" 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 208735 rubles. 06 kopecks

Rules for the carriage of oversized cargo

Traffic rules (abbreviated traffic rules) in paragraph 23.4. read - “If the cargo 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 transferred 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).

Read more about permissible axle load groups A and B

№
p / p		 Distance
between axles
1 Over 2 10 6
2 1,65-1,2 9 5,7
3 1,65-1,35 8 5,5
4 1,35-1 7 5
5 up to 1 6 4,5

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 example, in Moscow, the issuance of special permits for the carriage of heavy and (or) bulky goods along the city's road network 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 issues of organizing the movement of vehicles carrying large and heavy loads, as well as requirements for the technical condition, equipment of vehicles and the designation of cargo are set out in the Instruction for the carriage of large 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.

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 falls on the Gazelle - a small-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 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, brake system, suspension, and saddle lock is accelerated. 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 ourselves. 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 the traffic police inspector recorded the violation does not meet all the regulatory requirements for the load;
  • 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 the one 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 we add up all the fines mentioned, then violation of the established norms in 2016 can cost a fortune. If, nevertheless, there is a need 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 the registration of the 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 a 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 designed 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 numbered 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 end there. Traffic police officers 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.

Overloading a vehicle can lead to serious consequences, in which damage can be caused not only to transport, but also to the health / life of people.

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It is for this reason that the legislation of the Russian Federation introduced certain norms for the load of freight transport and administrative liability for violation of these norms.

What liability is provided for excessive load, read on.

What can be the consequences

Weighing of a vehicle can be done statistically (the vehicle is stationary on the scale) or dynamically (the vehicle passes through the scale at minimum speed).

Exceeding the permissible mass or axle load is considered to be a deviation from the specified standards by 2% or more.

If it is necessary to transport a cargo of greater mass than indicated in the documents, it is necessary to issue a special permit, which indicates:

  • type of transportation performed (local, regional, international, and so on);
  • validity period of the document;
  • the route of the vehicle;
  • characteristics of the car (brand, model, number);
  • data of the owner of the car;
  • data of the consignor and consignee of the cargo;
  • description of the transported cargo;
  • mass and dimensions of the vehicle and cargo;
  • distribution of the total load on the vehicle along individual axles;
  • the name of the authority that issued the permit.

What is the amount of the fine for overloading a truck in 2020

Exceeding the weight of the cargo established by law or a special permit, as well as exceeding the load on any of the axles of the vehicle is an administrative violation and is punished in accordance with.

In this situation, responsibility extends not only to the drivers of heavy vehicles, but also to officials who are individually responsible for the transportation of goods and legal entities carrying out the transportation.

For individuals

The driver of a vehicle moving with an overload may be subjected to:

  • imposition of penalties;
  • for driving a motor vehicle for a certain period.

The type and amount of punishment are determined in accordance with the size of the overload and are:

The driver pays the fine on his own within 60 days after the ruling on the offense is made; during the first 20 days, the payment can be made in the amount of 50% of the accrued amount of the fine ().

The decision on deprivation of rights is made by the judicial authorities after consideration of all documents in the case of an administrative offense.

The period of deprivation of rights begins to be calculated from the moment the driver's license is handed over to the traffic police ().

For legal entities

Dimensions of permissible overload Fines, RUB
For officials For legal entities
2% — 10% 10 000 – 15 000 100 000 – 150 000
10% — 20% 25 000 – 30 000 250 000 – 300 000
20% — 50% 35 000 – 40 000 350 000 – 400 000
More than 50% 45 000 – 50 000 450 000 – 500 000

If an overload is detected and recorded by automatic means of control located along the carriageway, then the owner of the freight vehicle will be held liable, and the amount of the fine will be:

For violation of the legislation on the permissible mass and axle load of a vehicle, individual entrepreneurs are punished in the same way as legal entities (note to).

Who is responsible and pays

Recently, there have been many disputes over the need to pay penalties imposed for transshipment by transport companies that are carriers and shippers. Let's deal with this issue in more detail.

Shipper

In accordance with the Charter of Road Transport, the approved carriage of goods must be carried out in accordance with a written contract, which is concluded between the consignor, consignee and the company providing delivery services.

The contract for carriage regulates all the main aspects, including determining the persons who will be responsible for loading vehicles.

Loading can be carried out:

  • by the consignor;
  • a representative of the carrier company.

Before loading, the consignor (in the presence of a representative from the transport company) is obliged to carry out a control weighing of the shipped goods and indicate the numbers received in the bill of lading.

The invoice must also indicate:

  • details of the permit for the transportation of goods, the mass of which is greater than the maximum permissible dimensions;
  • description of the route developed by the traffic police to achieve maximum safety of overloaded vehicles.

Providing inaccurate information about the mass and overall dimensions of the transported cargo is punishable by penalties (Article 12.21.1. Administrative Code, parts 8 and 9):

Description of the offense The amount of administrative fines for shippers rub.
For individuals For officials For legal entities and individual entrepreneurs
Incorrect information in accompanying documents when vehicles are moving with overload less than 20% 1 500 – 2 000 15 000 – 20 000 200 000 – 30 000
Incorrect information about the cargo when the car is overloaded by more than 20% 5 000 25 000 – 35 000 350 000 – 400 000

The consignor will also have to pay an administrative fine if the overloading of the vehicle was deliberately allowed during the loading of goods onto the vehicle.

The amount of the fine in this situation depends on the type of company that is the consignor, and is (article 12.21.1 of the Administrative Code, part 10):

Carrier

The carrier company is obliged to pay fines for reloading vehicles only if the loading was carried out by a representative of the carrier, and not by the consignor.

The amount of fines in this situation is determined in accordance with Article 12.21.1 Part 10 of the Administrative Code.

A driver working for a transport company, in addition to observing the rules for transporting goods, must also comply with all traffic rules.

On the carriageway, especially in front of bridges or in settlements, signs may be installed that restrict the movement of vehicles depending on the axle load.

For example, the sign indicated in the figure means that the movement of vehicles is prohibited on this road, provided the load on any axle of the car is more than 5 tons.

For non-compliance with the requirements. Installed by road signs, the driver may be punished with a fine in the amount of 5,000 rubles(Article 12.21.1 part 11).

How to check for sanctions

After fixing the overload of the vehicle by the traffic police inspector or automatic means of control, an administrative violation protocol is drawn up, which is recorded in the traffic police database.

It is this factor that allows you to independently check for penalties online. To check, you can use:

  • the official website of the State Traffic Inspectorate. To check, go to the tab "services" - "check fines" and in the window that opens, enter the registration plate of the truck and the details of the certificate of registration of the vehicle;

  • on the Yandex. Money. To carry out the check, you will need to indicate in a special form the details of the driver's license and the details of the registration certificate of the vehicle;

  • on the portal of Public Services. To carry out the check, you need to go to the "Traffic police fines" tab, which is located in the "service catalog" and enter the details of the vehicle registration certificate and driver's license. The check can also be made according to the details of the receipt issued by the traffic police officer;

  • on other Internet resources, for example, on the websites Traffic police fines (https://shtrafy-gibdd.ru) or online traffic police (https://onlinegibdd.ru/servisy/proverit_shtrafy/).

    • Payment of fines can be carried out at any branch of the bank, through ATMs or quick payment terminals, online on various sites of payment systems, and so on.



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