Everyone knows the proverb that it is better to drive badly than to walk well! It is precisely this that can be applied to the case that we want to analyze in this article.
So often everyone has to go, but there are not enough places for everyone. Of course, this is where improvisation begins, like sitting together in one place. And if it is truck then put people in the back. Do not forget about extraordinary cases when the passengers themselves can, at certain moments of their high spirits, get out through the sunroof or through the side windows in the car. We will also talk about this in our article. Rather, we will not talk about the very fact of such actions, but about what kind of fine awaits the drivers who manage the vehicle with such passengers.
What article regulates the fine for incorrect transportation, violation of the rules for the carriage of passengers
Such an article is article 12.23 of the Code of Administrative Offenses of the Russian Federation "Violation of the rules for the transportation of people." In fact, it regulates two types of offenses. The first is when passengers violate the rules of transportation directly in the cabin. The second is when they drive the vehicle outside the passenger compartment (outside the motorcycle seat). Here it is only worth focusing on the fact that violations related to the transportation of passengers outside the cabin are punished more severely. Actually, we will analyze everything in the most detail now.
Penalty for carrying an extra passenger in a car (not on a motorcycle)
So, let's say a passenger car is designed for 5 places for transfer, but the driver agreed to take one more extra passenger or even two. Who knows how much he overestimated the capabilities of his car? At the same time, it does not matter whether it will be one "extra" passenger or there will be five of them. In fact, the violation does not provide for the difference between the number of passengers in excess of the norm, it provides for the very fact that there are extra passengers.
So, in this case, if such a fact is discovered, the driver will be punished under Article 12.23 of the Administrative Code of the Russian Federation, which we have already mentioned, under Part 1 ...
We repeat once again, the fine will be levied for all passengers at once, and not for each "extra" separately. In part, this can be considered a relaxation for liability under this article and for this violation. The only caveat is that this case does not apply to motorcycles. Here, part 2 of the same article comes into force.
Penalty for transporting passengers in a cargo van, trailer, in the back of a truck (extra passenger on a motorcycle)
This case is considered more dangerous. At least this can be said by the amount of the fine that will be issued. So, for example, if the driver transports people in the back on non-equipped for this passenger seats, then he faces punishment based on the provisions of Article 12.23 of the Code of Administrative Offenses of the Russian Federation, part 2 ...
As you noticed, this article applies to motorcycles and trailers, tractors, trailers - at home (summer cottages). Such a case can also be attributed to the variant when passengers lean out of the windows, into the hatches of a car that is moving. Here everything is again as in the previous case. It doesn't matter how many passengers the driver carries in the back. Whether it is one person or a full body of people, the penalty will be fixed. One at a time.
Violation of the rules of transportation for children
I must say that Article 12.23 of the Code of Administrative Offenses of the Russian Federation has much more parts in its composition than those 2 that we have already mentioned. The only thing is that all subsequent parts after 2, stipulate responsibility for violation of transportation in relation to children. In the same article, we would like to focus only on violations associated with the transportation of passengers in excess of the prescribed seats and with their transportation in the back. But we will tell about children in the article "Penalty for transporting children without a seat".
Is it possible to pay a fine for an "extra" passenger with a discount
Responsible and respectable motorists are here again rescued by Article 32.2 of the Code of Administrative Offenses of the Russian Federation. It is she who provides the opportunity to mitigate liability in the form of a fine for the transportation of an extra passenger or the transportation of people in the back, trailer. The most important thing in this case is to guess the payment terms. Two factors must be observed here. The first is that the fine must be paid no later than 20 days from the date of the order. Second, it is not worth paying the fine earlier than it gets into the traffic police base, since in this case the money may go to it is not clear where.
Question-answer on the topic "Penalty for violation of the rules of transportation"
Question: What will be the fine for violation of the rules for the carriage of passenger (s)?
Answer: If you have an extra passenger in the cabin - 500 rubles. If the transportation is carried out outside the cabin, whether it be a trailer or a truck body, then this is 1000 rubles.
The traffic rules of the Russian Federation state what is inside vehicle more passengers cannot move than is provided for in the car's operating instructions.
For example, in any passenger car it is allowed to be only in a sitting position, which means the number of passengers is determined by the number seats... But the penalty for transporting passengers not wearing seat belts is cumulative. A fine for an extra passenger is added to it, which leads to an increase in the amount of the monetary sanction at times.
According to traffic rules Russian Federation the number of passengers must not exceed the number of seats specified in the vehicle's operating instructions. Otherwise, the driver will be charged for this type of offense. money penalty traffic police inspection.
- Firstly, there is not enough safety belt for the extra transported citizen, which will lead to the fact that the traffic inspector who stopped you will demand a fine from the citizen and driver who are not wearing a seat belt.
For a transported citizen it will be 500 rubles, and for a car owner - 1000 rubles.
- Secondly, the payment of a monetary penalty in the amount of RUB 500 per extra passenger will be required, in accordance with the legislation of the Russian Federation.
Thus, for each extra transported citizen, fines in the amount of up to 1,500 rubles are threatened, which is a significant blow to your budget.
Therefore, it is impossible to transport the number of passengers in excess of the required technical passport, this will lead to unpleasant consequences.
For improper movement of a citizen, for example, in luggage compartment, or on the roof or hood of the car, the inspector will also fine the owner of the vehicle in the amount of 1000 rubles or more.
Such rules do not apply to freight vehicles that are specially equipped for the carriage of passengers. These include vans, bench trucks, cargo motorcycles, and various bench trailers, including mobile homes. But in any case, all possible violations related to the carriage of passengers are spelled out in the rules. Let's look at them and what penalty will have to be paid in case of violation of the rule established by law.
Prohibitions in traffic rules
A fine for overloading is an unpleasant sanction against a motorist, so you should understand what prohibitions are prescribed by the government in traffic rules Russian Federation.
In accordance with paragraph 22 of the rules road traffic it is forbidden to carry passengers:
- Outside the cab of a vehicle, with the exception of trucks, tractors, trailers, caravan trailers, cargo motorcycle;
- In larger quantities than the vehicle provides for its technical characteristics, that is, the transportation of the amount in excess of the norm established by the car manufacturer;
- To transport standing citizens in tourist, intercity, mountain, sightseeing and children's buses, while the city passenger transport includes standing places, so they have the right to move in a standing state.
If these rules are violated, the minimum fine for an extra transported citizen is 500 rubles. The amount is charged from the car owner and is summed up from the number of all excess or incorrectly transported passengers.
What is the penalty for a child sitting on the lap of a parent? According to the legislation of the Russian Federation, a child must be transported only in specialized safety restraints. Therefore, children cannot ride “on their mother’s knees,” this is a traffic violation and is punishable by sanctions in the amount of 3,000 rubles. At the same time, for legal entities it reaches the amount of 100 thousand rubles, and for officials 25 thousand rubles.
Features of penalties in 2019
Today, there are innovations according to which the penalty for transportation extra passengers are levied from the owner of the car, and not, as before, from each offender. That is why today taxi drivers refuse to continue driving with an overload in their vehicle. After all, the fine for exceeding the number of passengers today is 500 rubles for each incorrectly transported citizen, and if we take into account the sanctions for not wearing citizens, it can reach 1,500 rubles.
Also, now, according to the law, all penalties are paid in the form of an amount, and not, as before, in the largest amount.
So now for the carriage of a passenger on the hood, you will have to pay not 1000 rubles as before, but 2500, and an additional fine for the person sitting outside the body - 500 rubles, for not wearing a seat belt.
Responsibility has been established for violation of the rules for the transportation of people. For overloading passengers in a passenger car, i.e. for the transportation of more than 5 people, there are penalties in the amount of 500 rubles. That is, if there are exactly 5 people or less in the car, there will be no fine, and if there are more than five, there will be. It should be noted that the driver of the car is punished, and not the passenger himself.
Carriage of passengers in excess of the norm by bus also entails a fine of 500 rubles. However, here the legislator has differentiated penalties depending on the specifics of the transported subjects.
Reference! Legislation does not provide for any other punishment, except for penalties, for overloading passengers.
So, in the case of transportation by bus of children with violations of the Rules for the organized transportation of a group of children by buses, the driver is subject to a fine of 3,000 rubles. up to 5000 rubles, for executive a fine of 25,000 rubles will be imposed, a legal entity - 100,000 rubles.
A fine is imposed for the very fact of the offense. In other words, regardless of whether there is one extra passenger or several, the fine will still be 500 rubles.
How many persons are considered congestion?
Each vehicle has its own technical capabilities in relation to the number of people accommodated in it. This figure is reflected in the documents of each car. First of all, this information is needed in order to know the capabilities of the vehicle during operation. Clause 8, clause 22 of the SDA states that you cannot transport people in any vehicles in more numbers than the technical characteristics allow.
The following table shows the parameters of the most common vehicles.
As a rule, the number of passengers corresponds to the permitted number of seats. However, there are cases when standing passengers are allowed.
Clause 22.3 of the SDA will support cases in which it is strictly forbidden to transport people while standing.
It is forbidden to carry passengers while standing:
- In the back of a truck.
- On an intercity bus.
- On a bus following a mountain route.
- On a sightseeing or tourist bus.
- At organized transportation children.
In other cases, people can be transported while standing, but again, within the limits established by the technical characteristics of the transport.
Transportation rules in a car
In order for the traffic police to have no complaints against you, when transporting people in a car, the following rules must be observed:
- The car must be serviceable with technical point vision.
- All passengers must be fastened (in the back seat, if the design of the car allows it) (clause 2.1.2, clause 2 of the SDA).
- If children under 11 years of age are to be transported in the back seat, then the car must be equipped with seat belts and a special child seat appropriate for the weight and height of the child.
- When transporting children from 7 to 11 years old on front seat, the car must be equipped with a special child seat and seat belts.
- Carriage of children under 7 years old in the front seat is prohibited in any way.
- Children must not be transported in the lap of an adult in the front seat and in the lap of the driver.
- It is contraindicated to transport people outside the cab. passenger car mobile.
- During the trip, you must not open the doors and get under way without closing them.
- It is forbidden to carry more than 5 passengers in a car.
How many people can be accommodated in a minivan?
It should be noted that the market is in great demand for cars of the minivan type. They belong to the category of light vehicles. It is enough for drivers to have driver's license for the right to drive category "B", while the seats in the car are two more, which allows you to solve the problems of families with more than three children.
For such cars, the maximum allowed number is no more than seven people.
Reference! The number of persons allowed depends on the specifications of each machine model. For a passenger car, as a rule, this number should not exceed five passengers.
Transportation by bus
Driving such a vehicle is fraught with great responsibility due to the large number of people being transported, for whose health and life the driver is responsible. To provide required level security for this type of transportation, the following rules must be observed:
Safety conditions
In addition to the above rules for the carriage of passengers in cars and buses, To ensure safety, the following requirements must be observed:
- Expect public transport need at special sites - stops. You must not stand on the road, as when the vehicle stops, you may be hit by it.
- The bus must be entered through the back and middle doors. The exit is through the front. Try not to stop at the entrance, but go to the salon.
- When traveling, you need to wear seat belts, hold on tightly to the handrails.
- It is necessary to give way to children, pregnant women, the disabled and the elderly.
- For greater safety, an adult must first get out of the vehicle, and then a child. When braking, they are more susceptible to injury, as their sense of balance is weakened.
- It is strictly forbidden to open windows while driving and stick your arms, legs, head through them.
Consequences of transporting people in excess of the norm
At first glance, public transport and private cars seem to be enough safe place, from the passenger's point of view: the driver monitors the road and traffic safety, passengers observe the scenery outside the window. However, it is not. The trip is often accompanied by hard brakes and turns. Sometimes there are collisions, and even flooding of the cabin.
In all these situations, if the cabin is overloaded with passengers, casualties are inevitable. You can get off with light bodily injury, and deaths are possible. The thing is that cars are designed so that people sit during the trip and are fastened, i.e. fixed as much as possible.
With extra passengers, especially standing ones, this is impossible to do. Moreover, under the weight of the passengers themselves, a mass of people may suffer. Airbags also play a significant role. However, the equipment with them, again, is provided only for those who are seated. When the vehicle is loaded in excess of the norm, the level of usefulness of all the listed safety measures developed by the manufacturer are reduced to zero.
The psychological component also plays an important role. When there are a lot of people in the cabin and an accident occurs, panic arises, which is difficult to control and, moreover, to eliminate. Thus, overloading can lead to the following situations that could have been avoided:
- death;
- harm to life and health of people;
- damage to property, including cars;
- creation of emergency situations;
- imposition of penalties.
Controversial situations and ways to avoid punishment
Quite a lot of controversial situations arise in this case.
Firstly, drivers often argue about small children being carried in their arms in the back seat. A child, regardless of how old he is, is considered a full-fledged passenger, and two children cannot be counted as one adult.
Secondly, disputes arise over standing passengers. You can stand, as a rule, during rush hours in public transport, the technical characteristics of which allow it. In other cases, especially if the vehicle is not equipped with handrails and travels on long-distance routes, it is prohibited to stand. If the driver is guilty, then it is impossible to avoid punishment. This offense is too obvious. You cannot hide an extra person.
However, there are situations when negligent traffic police officers want to incriminate you with an offense that is not deserved. In this case, do not rush to sign the protocol. Make a note on the protocol that you disagree with the offense. Don't be afraid to go to court. Provide information on the technical characteristics of your car, testimony that the number of people in the cabin did not exceed the norm, as well as a photo or video of the situation in question, and the court will definitely take your side.
Important! Liability can be avoided by challenging an incorrectly executed protocol in court. You should be presented with the protocol, study it. If, for example, the attesting witnesses are not indicated in it, the protocol has no legal force.
How can the DPS prove your guilt?
The process of proving such offenses is quite easy. This is due to the fact that the offense is obvious.
It is possible to prove the driver's fault for overloading if:
- the traffic police officer saw this himself, and recorded this offense in the protocol with the attesting witnesses;
- the offense was attested by others, for example, disgruntled passengers on an overloaded bus;
- outdoor surveillance cameras of law enforcement agencies or the driver's own video recorder recorded extra passengers.
If the inspector suspects the excess of the number of passengers, it is enough for him to check the number of passengers in the vehicle's cabin with the figure indicated in the technical passport of the car.
Of course, the punishment provided for by the Code of Administrative Offenses of the Russian Federation for this offense is not so great. Many drivers, when overloaded with passengers, rely on the Russian "maybe". However, this is not the case when you have to rely on luck. The life and health of people should come first. They are more expensive than lost profits or time. therefore expensive drivers, be vigilant, obey traffic rules and do not take an extra passenger.
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The permissible number of passengers for each type of vehicle refers to its technical characteristics. IN passenger cars maximum number of people who can be in the cabin corresponds to the number of installed seats.
Manufacturers provide for a certain number of standing people in buses and minibuses. We will consider what a fine threatens for an extra passenger in various modes of transport.
All requirements for the carriage of adults and children different kinds vehicles are set out in paragraph 22 of the SDA. Therefore, in the Administrative Code there is a penalty for the carriage of passengers.
In other words, for ignoring the requirements for the number of people transported in a particular transport, a sanction is provided, like for any other
The technical passport of the vehicle indicates maximum amount passengers provided by the manufacturer. It was laid down in the calculation of the maximum permissible load on the design of the vehicle.
Re-equipment of a car with an increase in the number of passenger seats.
If there are more people, then the car becomes heavier and less manageable. Accordingly, the risk increases that during some maneuver the car will behave unpredictably.
There are often cases when the excess of the load laid down during the design of the car leads to its overturning during the maneuver, especially in winter time... In addition, the heavier the car, the longer it braking distances... While creating emergency, overloading the machine can affect its outcome.
The extra person in the back seat creates additional load on the door. If the door lock mechanism breaks down, the door will open and a person may fall out on the move, and this is fraught with serious injuries and even death.
Therefore, a driver carrying more than the number of people specified in the registration certificate reduces the safety and quality of driving.
Provided restrictions
Traffic rules prohibit transporting more people in the passenger compartment than is provided for by its technical characteristics. IN modern cars each seat is equipped with a seat belt.
Expert opinion
Natalia Alekseevna
Exceeding the stipulated passenger limit, not everyone will have a belt to keep them safe while driving and prevent injury in a collision.
The number of passengers allowed by the category of rights.
Children under 12 years old must be transported on specially installed
They must be appropriate for their age and weight. It is strictly forbidden to transport people in the trunk or on the roof of a passenger car.
It is not allowed to carry passengers in the back of a truck, as well as other self-propelled machine, a cargo motorcycle or a tractor, if there are no seats equipped there. Children under 12 years of age must not be transported in the back seat of a motorcycle.
Penalties for exceeding the passenger limit
Significant changes have been made to the rules for the transportation of citizens, which must be familiar to all motorists:
- The fine for the transportation of passengers in excess of the norm is collected from the driver, and not from people, as it was before.
- The amount of the fine for exceeding the permissible number of passengers different kinds motor transport provides for Art. 12.23 Administrative Code.
- The amount of the administrative fine is not affected by how many extra people were in the car - one or more. It has a fixed value. On the motorist driving by car, will write out 500 rubles of an administrative fine. For the transportation of people in excess of the limit provided for in the technical passport, in cargo van, a motorcycle, outside the cab of a car or tractor, and cargo trailer the driver will be charged an administrative fine in the amount of 1,000 rubles.
- When the driver or passenger is not wearing a seat belt, the motorist will be fined 1,000 rubles under Art. 12.6 Administrative Code.
In case of violation of several road rules, all penalties are cumulative. Previously, there was a rule that only one fine was imposed, which has the most big size of all the punishments provided for the offenses committed.
Punishment for overloading a bus
Cancellation of the decision on violation of the rules for the carriage of passengers.
For all vehicles, there are general rules concerning the carriage of passengers, but still there are nuances for each specific type of transport.
The number of people on a bus traveling between cities, regions or countries, as well as special tourist routes, especially in mountainous areas, should correspond to the number of seats.
In buses making long journeys, all people need to sit in the seats that correspond to the purchased tickets, and store their luggage in a special compartment for the duration of the trip.
Citizens sitting next to the driver on seats with seat belts should use them in order not to get penalty... The fact is that when a person does not fasten the seat belts that are on his seat, then a fine is imposed on both the driver and the offender.
The maximum permissible number of passengers on buses operating regular routes over short distances is provided for by the technical conditions of carriage, which specify the number of seats and standing places.
The fine for transporting an extra passenger on the bus is 500 rubles. Stricter fines for violating the rules for transporting children on buses: the driver faces a recovery of 3,00 rubles, an official - 25,000 rubles, and legal entity- 100,000 rubles.
For violations at night, an even stricter punishment is provided: the driver will be fined 5,000 rubles, or officials will be fined 50,000 rubles, and a legal entity - 200,000 rubles.
Overload in minibuses
Overload - violation of Art. 12.23 Administrative Code.
Quite a common question in various forums, what is the penalty for transporting standing citizens in a fixed-route taxi.
Minibuses transport people over short distances. Therefore, for the transportation of extra passengers, the minibus driver will be charged the same administrative penalty as the driver of a bus running along a route with a short distance. Its size is 500 rubles.
The number of seated people should correspond to the number of seats in the minibus. The maximum number of standing people is indicated in the Technical Conditions of Carriage and depends on the brand of transport.
Overloading a passenger car
The driver of a passenger car will be issued a fine for violation following rules transportation of passengers:
- If there are 6 people in a car, and it is designed for five, then 500 rubles will be charged.
- For the transportation of passengers outside the passenger compartment, for example, in the trunk or on the body, 1000 rubles are provided for an administrative fine.
- For the absence of a seat belt on an extra person, a fine of 1000 rubles will be imposed.
Thus, a car enthusiast will have to pay 1500-2000 rubles for transporting more people than provided for in the technical passport, and a concomitant violation associated with the absence of a seat belt.
Does the discount apply to fines
Fine discount.
Fines for transporting people with traffic violations
This requires two conditions to be met. Firstly, no more than 20 days have passed since the moment you undertook to transfer more people than provided for in the vehicle registration certificate, and the traffic police officer recorded the offense and issued a Decree on the recovery of an administrative fine. Secondly, you did not issue a deferral or installment plan for a fine.
If you, unknowingly about the benefits, pay the administrative fine within 20 days full size, then it will no longer be possible to return half of the amount contributed to the treasury. The payment of discounted fines is an opportunity, not an obligation. The offender can use the opportunity given to him or ignore it.
Outcome
Each vehicle model, among other characteristics, has an allowable number of places for transporting people. For extra passengers, an administrative fine will be imposed on the driver.
For the transportation of children by buses in violation of the stipulated rules, a fine will be issued to the driver, or the carrier organization and the official responsible for the transportation of people. A fine is also provided for improper transportation of people in the car, namely, not wearing a seat belt, if it is present on the seat. Good luck on the road!
Often, car owners do not pay attention to vehicle overload. However, this fact can lead to certain consequences. Therefore, the traffic rules clearly state how many people can be put into the car. At the same time, they determine what penalty for an extra passenger will have to be paid.
For each type of transport, certain conditions are prescribed that must be taken into account when transporting passengers. According to the established rules of DD, you cannot perform the following actions:
- transport someone outside the cab of the car if the vehicle is not equipped with specialized means, transporting people trucks must have a special body or sides;
- put more people in the car than is allowed technical certificate car;
- drop and put someone in the car in the wrong places;
- carry passengers who are not wearing a seat belt;
- transport children without special restraints.
Violation of the rules for the carriage of passengers is punished. To date, the fine is 1,000 rubles. It is usually paid by the driver. But if the passenger has not fastened his seat belt, then he must pay 500 rubles.
Transporting passengers in a truck
It is necessary to pay attention to the experience of the person who drives the truck with passengers. The driver must drive a vehicle of category C or C1 for at least 3 years. If the truck carries from 8 to 16 people, including the driver, then he must have open category B or subcategory D1. Transportation of more than 16 people is possible only by a driver with a category D.Adults can be transported in the back of a truck with sides only if it is equipped for this. An exception is the transport of people accompanying the cargo or going to receive it. For them, the seats are equipped in the back, located below the boards. It is strictly forbidden to put children in a body with sides.
Carriage of passengers in public transport
Transportation of people on the bus implies strict restrictions on seating and standing places. It is prohibited to put more people in it than provided for by this rule. The bus in which children are transported must be equipped with a sign "Carriage of children". If we talk about minibuses, then people cannot ride in them while standing. Each passenger is assigned a seat in them to avoid injury when the driver makes sharp maneuvers.
When is the transportation of people prohibited?
Before starting to move, the driver must make sure that the boarding is complete. It is also necessary to inform passengers about safety measures. It is prohibited to transport people as follows:
- in a trailer-dacha;
- outside the cockpit;
- in a car that is in tow;
- in a car that took another vehicle in tow.
Fines for exceeding the number of travelers
There must be such a number of passengers in the car that does not exceed the number of seats. In most vehicles passenger type there are five of them. Ignoring this requirement, the driver is obliged to pay a fine for the transportation of passengers in excess of the norm. The provision prohibiting the transport of unnecessary people in the car is fixed in article 22.8 of the SDA.
Fines are usually cumulative when there are several violations. So, extra person in the car cannot use the seat belt. Therefore, in addition to the prescribed 1000 rubles, you will have to pay another 500. And if an extra passenger is located outside the passenger compartment, then there will already be three violations: an extra passenger, unfastened seat belt safety and people outside the car. Thus, the total amount of penalties will be 2500 rubles.
