Good afternoon, dear reader.
This article will be considered a penalty for unnecessary passengers in the vehicle.
In practice, the situation is often found when the driver wants to transport more passengers than is provided for by the characteristics of the vehicle. At the same time, the passengers are placed in the car and at first glance there are no problems.
Consider how many passengers can be transported without violation of the rules, as well as possible punishments for violating the transport rules:
Transportation of unnecessary passengers in the car
Consider a common example.
The family consists of two adults (parents) and four children. They have a car, the rear seats of which are not equipped with seat belts. Such cars can still be found in the secondary market, even though they are left not too much.
Since there is no safety belts in the car, it does not arise and the obligation to use special retention devices for the transport of children (paragraph 22.9):
22.9. Transportation of children aged 7 years in a passenger car and a car of a cargo car, Either the seat belts and the ISOFIX children's holding system should be carried out using children's retaining systems (devices), appropriate weight and child growth.
Transportation of children aged 7 to 11 years (inclusive) in a passenger car and a truck cabin, the design of which provides seat belts Either the seat belts and the ISOFIX children's holding system should be carried out using children's holding systems (devices), appropriate weight and child growth, or using safety belts, and on the front seat of a passenger car - only using children's retaining systems (devices) corresponding to Weight and growth of the child.
Installation in a passenger car and cabin of a cargo car of children's holding systems (devices) and the placement of children should be carried out in accordance with the instruction manual of the specified systems (devices).
It is forbidden to carry children under the age of 12 at the back seat of a motorcycle.
Four children are closer to the rear sofa of the car and at the same time feel quite comfortable. The question arises. Is it possible to transport 6 people in a five-bed car and will it be a violation of the rules?
One more example. In the car go five adults and one child. The child is sitting on his knees. Discomfort, again, no one is experiencing. Is such transportation allowed?
Ban on the transport of extra passengers
Consider clause 22.8 of the rules of the road:
22.8. It is forbidden to transport people:
- outside the car (except for cases of transportation of people in the body of a truck with a side platform or in a body-van), tractor, other self-propelled machines, on the cargo trailer, in the trailer - dacha, in the cargo motorcycle body and out of the construction of a motorcycle seat for seating;
- over the amount provided by the technical characteristic of the vehicle.
To understand how many people fit the car, you need to refer to its technical characteristics. This document should indicate how many passengers can be transported in the vehicle. Usually this information is specified in the "Body" section. For example, recording "5-seater" means that 4 passengers can drive in the car and 1 driver. Most passenger cars are 5-seater. However, there are other options.
In passenger cars, the maximum number of people in the cabin usually corresponds to the number of seats. As for buses (including), then there may be provided in them.
Consider item 22.3 traffic rules:
22.3. The number of people transported in the body of a cargo car, as well as the cabin of the bus transportation on a long-distance, mountainous, travelative or excursion route, and with the organized transport of a group of children should not exceed the number of seats equipped.
This paragraph lists several situations in which each passenger must be provided individual place:
- When transporting people in the body of a truck.
- In a long-distance bus.
- On the bus next mountain route.
- In the excursion or tourist bus.
- At.
In other cases, the bus can be transported including those standing passengers. However, their number also should not exceed the value specified in the technical characteristics of this bus.
Penalty for the excess passenger in 2020
The punishment for the transportation of extra passengers is provided for by Article:
Article 12.23. Violation of people transportation rules
1. Violation of the rules for transporting people, with the exception of cases provided for by the parts of 2 - 6 of this article -
entails the imposition of an administrative fine in the amount of five hundred rubles.
Thus, the transportation of an extra passenger can be imposed a fine of 500 rubles. This penalty is superimposed on the driver's driver and does not depend on the number of "unnecessary" passengers.
The penalty for this violation is minimal, so I want to pay attention to the fact that in the case of an accident "extra" passengers can not only get injuries, but also twist other people in the car.
The question arises, what to do big families? How to carry four or more children? In fact, everything is quite simple. There are several models of passenger cars with 6 passenger seats on the market. It is them that should be used.
The number of passengers in the car must comply with its capacity. If there are more than it is supposed to, the driver is a penalty. In this case, the traffic police inspector acts on legal grounds, based on the rules of the road. The amounts for the purpose of payment of the fine it does not take from the head, but appoints in accordance with the regulatory act.
How many passengers are allowed to transport in a passenger car? How does the ban on the transport of unnecessary passengers reflect in regulatory acts? What a fine for the excess passenger in the car is provided in 2018? Reply to these questions in this article.
Number of places in the vehicle
According to paragraph 22.8 of traffic police in the car, it is forbidden to transport more people in quantity than it is provided for by its technical characteristics. Most often, this restriction is indicated in the "body" column, and for most passenger cars, it corresponds to 5 landing places. That is, in addition to the driver, 4 people can sit in the car.
Note! Despite the fact that there are not only standing, but also seated places, there are cases when it is forbidden to stand citizens. For each of them, it is necessary to provide a separate seat.
When the bus passenger stands out a separate place
Each bus passenger must occupy a specially equipped place in the following cases:
- transport commits a long-distance transport;
- the bus moves along the route laid in the mountains;
- motor vehicle has a tourist or sightseeing purpose;
- the bus transports children.
If the destination of the bus does not correspond to these items, passengers can be transported in it. But even in this case, their total number should not exceed the norms.
Note! In the bus cabin usually indicate the number of sedentary and standing places for passengers. These numbers correspond to the technical characteristics of the vehicle.
Regulatory legal regulation
Transportation of citizens regulate the rules that ensure the safety of people in their transportation of ground-type transport. These include:
- Resolution No. 1090 "On Rules of Road". As mentioned earlier, according to paragraph 22.8, it is forbidden to transport people in an amount in excess of the norm established by the technical passport of the machine.
- The order from the Ministry of Transport of the Russian Federation No. 7 of January 15, 15. If you contact the 18th chapter 3, then you can see that the driver working driving the vehicle is instructed by its capacity before employment.
- Administrative and Legal Code (hereinafter - the Administrative Code of the Russian Federation). It establishes the size of the fine for the exceeding the limit of passengerism.
- Draft law of the federal level No. 902547-6. It provides for administrative responsibility for violating the safety rules for the transport of citizens in the car (including exceeding their quantity).
Thus, the punishment for an excess person in the car is legal force.
Penalty for the excess passenger in the car
The Administrative Code of the Russian Federation does not provide a fine for overloading the axis of a car of a passenger type, so here inspectors are based on another article. The penalty sanction for an excessive number of people in the car is provided for 12.23 of the article of this regulatory act. According to her, the penalty is not superimposed on the passenger, but on the driver. Its size will be equal to 500 rubles. The driver threatens a fine in a larger size if its actions or the actions of passengers fall under Part 2, 3, 4, 5, 6 of the same article.
What makes a fine?
Consider 6 people in the car, his driver risks several fines at once. In addition to the standard 500 rubles, provided directly for the fact that an extra person is present in the car's cabin, you will have to give another 1000 rubles. The penalty in the amount of this amount is imposed on the fact that it will ride without a seat belt. Thus, the driver is responsible for the fact that the passenger safety has neglected on two points: an extra person in the car and an unsuccessful belt. Penalties are summed up and a total of 1,500 rubles will have to pay.
Road rules clearly regulate the number of people transported in the car, and therefore the law provides for a penalty for an excess passenger. In order to understand how many people can move in the car, you should see the specifications. Today we will talk about what a fine in 2019 is provided for the exceeding the number of passengers and how dangerous.
To begin with, we note that in a passenger car, passengers can move only sitting, fastening up safety belts. The number of people in the car is limited by the number of seats. Compliance with the operational characteristics of the car and traffic rules is necessary for one purpose - ensuring road safety.
As a rule, the transportation of an extra passenger takes place in two situations:
- people are sent somewhere on vacation when the insufficient number of places;
- the child is not considered a full-fledged passenger.
In the second situation, we will dwell in more detail, as people often mistakenly believe that the child can be taken on hand, and 5 places in the car are relying adult passengers. This behavior is a violation of the rules of the road. Transportation of children in the car should be carried out in the same rights as adults, fastening the belt. If the child is small, then for it you need to separately install a special chair. For large families, minivans or minibuses are perfect.
Measure of responsibility for violation
Each car has a certain amount of seats, and the transportation of several people above the norm is a violation of traffic rules. If the driver ignores the rules, the traffic police officer will have to attract it to administrative responsibility, and in this case 2 fine is relying:
- for a passenger;
- for the driver.
If the owner of the car transports an extra person, then it does not have enough seat belt, and the movement without it is forbidden. This will entail the first penalty of 500 rubles for the passenger and 1,000 rubles for the driver.
The second penalty is relying directly for exceeding the norm. So, if there are 6 people in the car, then for an extra passenger will have to give another 500 rubles. By simple calculations, it can be concluded that for the owner of the vehicle, a penalty for the transportation of an extra passenger will be 1,500 rubles.
Road rules are also forbidden to carry people in the trunk or on the external parts of the car, for example, on the roof or hood. If the traffic police officer detects people in an inappropriate place, the penalty for the transportation of passengers over the norm will be 1,000 rubles.
We are talking about passenger cars. If the case concerns freight TS, for which the manufacturer's manufacturer provides an increased number of seats, then there will be no problems here. Such types of transport include trucks, vans, minivans, trailers with benches, houses on wheels and so on. Nevertheless, in such cases there are also certain rules on which passenger transportation should be carried out. Their violation will lead to the fact that the driver will be fined.
Important! If you think that the actions of the traffic police inspector are illegal, and you have evidence of this, then you can appeal the penalty for overvaging the passenger car. To do this, make up and apply to the court, after which the case will be considered.
In fact, a fine for overload is not the worst punishment with which the intruder may encounter. Exceeding the number of passengers permissible in the car is dangerous, and the risk of harm to health or life is the most serious consequence. What can happen if you have more than five people in the cabin? Let's discuss.
Consequences of overload
First of all, the car with a large number of passengers is becoming heavier, and therefore less manageable. When carrying out a sharp maneuver or turning, there is a risk that the driver will lose control, as the car will be unpredictable. This is especially true in the winter season. Also exceeding the load increases the risk that during maneuvers the car can turn over.
An important consequence of overload is an enlarged brake path. The more people in the car, it is harder, and therefore to stop it, it will take more energy and time. In critical situations, this may be a decisive factor that will affect the outcome of the situation.
Sometimes there are cases when five people should have in the cabin, but on the fact there are 6. Excess passenger on the back row of seats creates additional pressure on the door. If there is some kind of malfunction in the mechanism, the door can open, and the passenger falls. Finally, finding passengers in excess of the norm in the cabin creates inconvenience for the driver, which can negatively affect the quality and safety of driving.
If the vehicle is small, then the overview of the passenger car affects the dynamic indicators, which is also undesirable. Suppose it is necessary to perform overtaking. Due to the increased weight of the vehicle on acceleration, it will take more time, which can create an emergency.
As you can understand, the risks associated with the overload of the car are too high. Do not experience fate, and therefore use your car just as recommended by the manufacturer, which will ensure maximum safety.
Detention means of movement The person who has committed such a violation is completely removed from driving, and the car itself is delayed and transported to the specialist. The basis for this is a decree completely eliminate the vehicle from the transport of people and cargo. The process of transportation is carried out with a different means of movement. The machine is placed in any, nearby special, secured for this purpose, guarded place. The car is located on such a parking lot until it eliminates the cause of his detention. The car detention can be discontinued on the place of arrest of the vehicle. The process is carried out strictly in the presence of a person who has the right to control this car strictly in accordance with the established traffic rules. Termination can be permissible only with complete elimination of the reason for the detention prior to the start of the auto movement on the designated parking lot.
Vw-bus.ru.
Good afternoon, dear reader. This article will be considered a penalty for unnecessary passengers in the vehicle.
In practice, the situation is often found when the driver wants to transport more passengers than is provided for by the characteristics of the vehicle.
At the same time, the passengers are placed in the car and at first glance there are no problems.
Attention
Consider how many passengers can be transported without violation of the rules, as well as possible punishments for violating the rules of transport.
Transportation of extra passengers in the car Consider a common example.The family consists of two adults (parents) and four children.
They have a car, the rear seats of which are not equipped with seat belts.
Such cars can still be found in the secondary market, even though they are left not too much.
Penalties for driving without the necessary category TC
Info
The maximum mass of it should not exceed 750 kg, but does not exceed the total mass of the car without any load.
The total mass of such a transport composition with a trailer should be no more than 3,500 kg. If these requirements are not respected, the driver must have the right of category ve.
- Drivers of minibuses, in which the number of sedentary places is more than eight, and there is a certificate of the specified category in the hands, for which the car driving with the number of places to 8 is relevant, the violation will be equal to the fact that a person moves at all without rights. Here you can also note the penalty for riding the bus without category D.
- Some drivers can mistakenly believe that if they have a Category C and D driver's license, they have the right to control the passenger car.
Penalty for excess passenger
There is no need to have legal education in order to understand that together with the driver who has a category b in a vehicle may have another 8 people, everything is obtained - 9. What should pay attention to the owners of minibuses? If you carefully examined the information contained on the rights, then probably noticed that there it is not about passengers, namely the category B to how many places.
This is not exactly the same thing. Therefore, if the total number of chairs in your car 9, of which one for the driver and the weight of the vehicle is less than 3.5 tons, then you can ride calmly, the main thing is not to violate the rules of the road.
But! If you have exactly the same car, and the chairs in it are even one more - you can not manage them without getting a category "D".
Otherwise, you threaten fine. When counting sedentary places, do not forget to take into account the armchairs located in the cockpit next to the driver.
The issue of transportation of passengers
In order not to pay fines for certain violations of traffic rules, for the absence of certain documents, drivers should examine issues related to what miscalculations they can be appointed. Among the most popular requests can be noted, what size there is a penalty for riding without a category, which in 2018 can reach 15,000 rubles.
Immediately it should be noted that movement on the roads without an open category is a violation of the traffic rules.
Each driver of a modern mechanical vehicle must have a driver's license for managing the car relevant category. Everything without exception, the driver's licensions of modern drivers contain the designations of open categories and subcategories. On their basis, it is possible to judge what means of movement can manage the driver.
Penalty for exceeding the number of passengers in the car
Administrative Code; PP. 7.15 (1) paragraph 7 of the annex to the main positions, approved.
Decree of the Government of the Russian Federation of 23.10.1993 N 1090; paragraph 8 of the main provisions, approved. Decree of the Government of the Russian Federation of 23.10.1993 N 1090). In the case of the driver of the act, at the same time containing the composition of two or more administrative offenses, the driver's responsibility will come under an article providing for a more severe punishment (part 2 of Article 4.4 of the Administrative Code of the Russian Federation). Note! In the event of a fine for these offenses, no later than 20 days from the date of the decision to impose the size of the fine decreases twice. If the execution of the resolution was delayed or declared, the fine is paid in full (part 1.3 of Art. 32.2 of the Administrative Code of the Russian Federation).
403 - Access is prohibited
In passenger cars, the maximum number of people in the cabin usually corresponds to the number of seats.
As for buses (including route taxis), they can be provided in them including standing places. Consider item 22.3 PDD: 22.3. The number of people transported in the body of a cargo car, as well as the cabin of the bus transportation on a long-distance, mountainous, travelative or excursion route, and with the organized transport of a group of children should not exceed the number of seats equipped.
Penalty for driving without the corresponding category
Magazine "Alphabet of Law", 07.12.2017 Transportation of people can be carried out both in cars and buses and in specially equipped trucks.
At the same time, the driver must have the right to the relevant category and the conditions of the transportation provided for by the rules of the road should be observed. Note. Transportation of people in the body of a truck is allowed if the driver has the rights of the category "C" or C1 "for three or more years. In the case of transportation of people in a cargo car in an amount of 8 - 16 people (including passengers in the cabin), it is necessary to have the rights of the category "D" or subcategory "D1". When transporting in a cargo car more than 16 passengers (including passengers in the cockpit) requires the number of category "D" category (paragraph 22.1 of traffic rules). Responsibility for violation of the rules for transporting people is established by Art. 12.23 Administrative Code.
How many passengers can be transported with category B
It is forbidden to transport people:
- outside the car (except for cases of transportation of people in the body of a truck with a side platform or in a body-van), tractor, other self-propelled machines, on the cargo trailer, in the trailer - dacha, in the cargo motorcycle body and out of the construction of a motorcycle seat for seating;
- over the amount provided by the technical characteristic of the vehicle.
To understand how many people fit the car, you need to refer to its technical characteristics.
This document should indicate how many passengers can be transported in the vehicle.
Usually this information is indicated in the "Body" section.
For example, the recording "5-seater" means that 4 passengers can drive in the car and 1 driver.
Most passenger cars are 5-seater.
However, there are other options.
Who can finf by the lack of category? Answering this question, you can bring a large number of examples, as to which cases and when drivers can be fined for moving on vehicles without the corresponding category:
- It can be motorcyclists.
If the driver has a driver's license with an open category M, denoting moped control to 50 cm3, but it goes on a more powerful motorcycle, the engine of which exceeds 125 cm3, it will automatically be awarded the appropriate penalty for riding a motorcycle without a category, and If there is a category, this penalty will not be appointed.
- Drivers of passenger vehicles that transport trailer.
According to the modern rules of movement, the driver, which has the rights of category B, has the right when moving on a car to transport a trailer only under certain conditions.
In traffic police of the Russian Federation, it is written that a larger number of passengers cannot be moved inside the vehicle, which is provided in the instruction manual for the car.
For example, in any passenger car it is allowed only in a sitting position, which means the number of passengers is determined by the number of seats. But the penalty for the transportation of passengers not fastened safety belts is summed. It makes up a penalty for an excess passenger, which leads to an increase in the amount of monetary sanction at times.
Dimensions of fines for unnecessary passengers
According to PDD of the Russian Federation, the number of passengers should not exceed the number of places specified in the operating instructions for the car. Otherwise, for this type of offense will be charged from the driver the money fine by the traffic police inspection.
- Firstly, on an excessive citizen there is not enough security belt, which will lead to the fact that the traffic inspector who stopped you will require a fine with a non-fastened citizen and driver.
For a transported citizen, it will be 500 rubles, and for a car owner - 1000 rubles.
- Secondly, the payment of money recovery in the amount of 500 rubles for the excess passenger, according to the legislation of the Russian Federation.
Thus, for each extra transported citizen threatened free monetary sanctions in the amount of up to 1500 rubles, which is a significant blow to your budget.
Therefore, to transport the number of passengers in the excess of the required technical passport is impossible, this will lead to unpleasant consequences.
For the incorrect movement of a citizen, for example, in the luggage compartment, or on the roof or hood of the car, the inspector of the vehicle owner will also be fined in the amount of 1000 rubles or more.
Such rules do not apply to freight vehicles that are equipped specifically for the transport of passengers. These include vans, trucks with benches, cargo motorcycles and various trailers with shops, including houses on wheels. But in any case, all possible violations associated with the carriage of passengers are prescribed in the rules. Let's consider them and what recovery will have to pay in violation of the rule established by the legislation.
Bans in traffic rules
The fine for overload is an unpleasant sanction against the motorist, so it should be understood what prohibitions are spelled out by the government in the rules of traffic rules of the Russian Federation.
In agreement with 22 points of the Road Rules, it is prohibited to transport passengers:
- Outside the vehicle cabin, with the exception of trucks, tractors, trails, trailers, cottages, cargo motorcycle;
- More than providing for the vehicle with its technical characteristics, i.e., the transportation of the amount is over the norm that is installed by the car manufacturer;
- To transport standing citizens in tourist, long-distance, mountainous, sightseeing and children's buses, while the city passenger transport includes standing places, so it has the right to move in it.
In violation of these rules, the minimum penalty for the extensive citizen transported is 500 rubles. The amount is charged from the car owner and is summarized from the number of all extra or incorrect passengers.
What a penalty for a child who sits on his parents' knees? According to the legislation of the Russian Federation, the child should be transported only in specialized security fixing devices. Therefore, children cannot ride "Mom's knees", this is a violation of traffic rules and shall be punished with sanctions in the amount of 3000 rubles. At the same time, for legal entities, he 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 recovery for the transportation of unnecessary passengers is charged precisely from the owner of the car, and not as before from each intruder. That is why today taxi drivers refuse to continue moving with overload in their vehicle. After all, the penalty for exceeding the number of passengers today is 500 rubles for each incorrectly transported citizen, and if we consider sanctions for not fastened citizens, it can reach 1500 rubles.
Also, now, according to the legislation, all recovery is paid in the form of the amount, and not as before in the amount of the largest.
So now for the carriage of the passenger on the hood you will have to pay not 1000 rubles as earlier, but 2500, and additionally a fine of the most sitting outside the body is 500 rubles, for the fact that it is not fastened by a seat belt.
It should be understood that the improper transportation of citizens threatens in the event of an accident with significant injuries and possible fatal outcome, which can also lead to a criminal responsibility of the driver of the vehicle.
With a injured person, he will face a period of up to 2 years of imprisonment, and at the death of a citizen, the car owner will plant for 5-7 years.
