Article 31.1. The movement of vehicles with a license maximum weight over 12 tons highways common use federal significance
1. The movement of vehicles with a maximum authorized mass of more than 12 tons on public roads of federal significance is allowed subject to the payment of compensation for damage caused to roads by such vehicles.
3. For the purposes of this article, under the permitted maximum mass vehicle specified in paragraph 1 of this article, means the mass of the equipped vehicle in kilograms with cargo, driver and passengers, indicated in the vehicle passport (vehicle registration certificate) as the maximum allowable or in the type approval of the vehicle or in the design safety certificate vehicle.
4. For the purposes of this article, an articulated vehicle including a trailer or semi-trailer shall be recognized as a single vehicle.
5. The provisions of this Article shall not apply to toll motor roads, toll sections of motor roads.
6. Payment for compensation for damage caused to public roads of federal importance by vehicles with a maximum authorized mass of more than 12 tons is paid by the owners (owners) of vehicles, and in relation to vehicles owned by foreign carriers, by drivers, if such payment is not contributed by the owners of the respective vehicles and credited to the federal budget.
Information about changes:
Federal Law No. 378-FZ of December 14, 2015 supplemented Article 31.1 of this Federal Law with Part 6.1
6.1. Payment for compensation for damage caused by a vehicle recognized as a single vehicle in accordance with paragraph 4 of this article shall be paid by the owner (possessor) of the power-driven vehicle included in it. With regard to vehicles owned by foreign carriers and recognized as single vehicles in accordance with paragraph 4 of this article, the specified fee is paid by drivers, if it is not paid by the owners of such vehicles.
7. The following shall be exempted from paying a fee on account of compensation for damage caused to public highways of federal significance by vehicles with a permitted maximum mass of more than 12 tons:
1) vehicles intended for the transport of people, with the exception of cargo-passenger vans;
2) special vehicles equipped with devices for supplying special light and sound signals and used to carry out activities fire brigade, police, medical ambulance, emergency services, military automobile inspection;
3) self-propelled vehicles with weapons, military equipment, Armed Forces vehicles Russian Federation and other special vehicles transporting weapons, military equipment and military property.
8. The amount of payment for compensation for damage caused to motor roads by vehicles with a maximum permitted weight of more than 12 tons, and the procedure for its collection are established by the Government of the Russian Federation. This procedure should include, inter alia, provisions on the timing of payment of such a fee, the possibility of postponing its payment by Russian carriers, owners (owners) of vehicles equipped with on-board devices intended for collection of fees or third-party on-board devices, as well as requirements for such on-board devices and third-party on-board devices. devices.
9. The procedure for transferring to the federal budget revenues on account of compensation for damage caused to public roads of federal significance by vehicles with a permitted maximum mass of more than 12 tons, the procedure for returning the owner (owner) of the vehicle Money not transferred or excessively transferred to the federal budget in order to fulfill the provisions of this article, the procedure for information interaction between the owner (owner) of a vehicle, including that registered in the territory of a foreign state, and the operator of the system for collecting such a fee, as well as the rules for using technically and technologically related objects that ensure the collection of fees are established by the Government of the Russian Federation.
Payment for the passage of trucks with a maximum mass of more than 12 tons on federal highways does not affect the determination tax base by VAT. However, it must be included in expenses for calculating income tax when applying the general taxation system. Such explanations were given by the Ministry of Finance.
The Ministry of Finance of Russia, in letter No. 03-11-11 / 57133 dated October 6, 2015, answered the question about the application of VAT, income tax and a simplified taxation system when transferring fees to compensate for damage caused to roads by vehicles with a maximum permissible weight of over 12 tons. Such, in accordance with the requirements of the Federal Law of November 8, 2007 No. 257-FZ “On Highways and road activities in the Russian Federation”, was established from November 15, 2015 for the movement of vehicles with a permitted maximum mass of more than 12 tons on public roads of federal significance. A specially created operator, RT-Invest LLC, will charge for the passage of trucks. Transport Systems”, therefore, the conditions for making such a fee are not regulated by the norms of the Tax Code of the Russian Federation. At the same time, the operator will have to transfer all collected funds directly to the federal road fund. Here is how the head of the Federal road agency(Rosavtodor) Roman Starovoit. In this regard, the specialists of the Ministry of Finance explained that when taking into account the fare for trucks, it is necessary to be guided by the current requirements of the Tax Code of the Russian Federation, as applied to the situation. In particular, recall that according to the norms of Article 146 of the Tax Code of the Russian Federation, all transactions for the sale of goods (works, services) in Russia, as well as the transfer of property rights, are recognized as the object of VAT taxation. Article 162 of the Tax Code of the Russian Federation states that the VAT tax base is increased by amounts received for goods or services sold in the form of financial assistance, to replenish funds special purpose, to increase income, or otherwise related to payment for goods or services sold. Consequently, the transfer to the operator of payment for the movement of vehicles with a maximum permissible mass of more than 12 tons along federal highways is not related to the determination of the VAT tax base. In addition, when determining the tax base for corporate income tax, a taxpayer using common system taxation, reduces the income received by the amount of expenses incurred, in accordance with the norms of Article 252 of the Tax Code of the Russian Federation. At the same time, Article 265 of the Tax Code of the Russian Federation determines that expenses of the taxpayer are recognized as expenses, provided that they are economically justified and documented. Thus, any costs can be recognized as expenses, provided that they were incurred for the implementation of activities aimed at generating income. Based on all this, the specialists of the Ministry of Finance concluded that the costs incurred by the taxpayer in the form of payment for the passage of a truck weighing more than 12 tons along federal highways should be taken into account when taxing profits as part of other expenses on the basis of Article 264 of the Tax Code of the Russian Federation. As for those taxpayers who apply the simplified system of taxation with the object of taxation "income reduced by the amount of expenses", the Ministry of Finance considered that they are not entitled to include in the expenses the fare on public roads of federal significance by vehicles with a permitted maximum weight over 12 tons. Since, article 346.16 of the Tax Code of the Russian Federation defines an exhaustive list of grounds for reducing income received when determining the object of taxation on the simplified tax system. In particular, income is allowed to be reduced by the amount of taxes and fees paid, the list of which is contained in Article 13 of the Tax Code of the Russian Federation and Article 15 of the Tax Code of the Russian Federation. The payment on account of compensation for damage caused to public roads of federal significance by vehicles with a permitted maximum mass of more than 12 tons is not included in such taxes and fees. Thus, truck fares federal highways is not subject to VAT and is allowed to be included in expenses only by taxpayers applying the general taxation system. All other taxpayers will have to pay for it from their own funds left after paying taxes.Full mass vehicle is maximum allowable weight equipped vehicle with cargo. Based on this, all vehicles can be divided into three categories:
low-tonnage
Light vehicles include small trucks weighing up to 3.5 tons. designed for the transportation of small consignments of goods over short distances. As a rule, the carrying capacity of this type of transport averages 1.5 tons and may fluctuate for various brands and car modifications from 500 kilograms to two and a half tons.
Typical representatives of light trucks include: classic "Gazelle" (GAZ-3302) and its modifications, as well as a number of foreign cars, such as Hyundai Porter , Baw Fenix , Kia Bongo and others.
Home design feature"small tonnage" is the execution in the form single vehicle, in which the cab and body are located on a joint carrier frame . Enough compact dimensions practically do not affect maneuverability and controllability, thanks to which small-sized vehicles have occupied their niche in the field of small and medium-sized businesses.
medium-tonnage
The carrying capacity of medium-sized trucks ranges from one and a half to eight tons, which allows them to be used in various areas of medium and large businesses. Most chain grocery stores have cars of this caliber in their fleet. They are quite roomy and hardy, and the maximum allowed weight not exceeding 12 tons., allows you to freely enter the Moscow Ring Road at any time of the day.
Representatives medium duty trucks are: "Valdai" (GAZ-33106), capable of taking away cargo up to 5 tons, plant models KAMAZ, MAZ, and foreign production – ISUZU, AVIA and others.
large-capacity
Serious cars for heavy traffic. Differ in impressive dimensions and volumetric capacity. Most large-capacity machines are used as part of road trains, as well as chassis– bases for installation of cargo bodies.
heavy trucks intended for transportation oversized cargo, rarely have a one-piece construction with a body, with the exception of some types construction equipment. This class of machines is dominated by truck tractors And platforms, acting as a head unit capable of driving trailers, semi-trailers, as well as moving transport containers on itself.
Road trains, despite their size, have excellent maneuverability. Hitch, thanks to its axial design, allows you to comfortably overcome any turns, including in urban conditions.
The most popular in the category of heavy vehicles are combined vehicles, consisting of a tractor and a semi-trailer, called " standard truck" or "euro-truck". Their carrying capacity is on average 20-25 tons.
Weight restrictions for trucks in Russia
On the territory of the Russian Federation there is a system of restrictions on the maximum permissible mass, which depends on the vehicle configuration.
| Type | Number of axles | Max. Full weight, t. | Notes |
| Truck | 2nd | 18 | - |
| 3x | 24 | - | |
| 4-x (2x4) | 32 | only for cars with 2 driven axles of 2 pairs of wheels each on air suspension | |
| Trailer | 2nd | 18 | - |
| 3x | 24 | - | |
| Tractor + semi-trailer | 2 + 2 | 36 | total base not less than 11.2 m |
| 2 + 3 | 38 | total base not less than 12.1 m | |
| 3 + 2 | 37 | total base not less than 11.7 m | |
| 3's + 3's | 38 | total base not less than 12.1 m | |
| Truck (18t) + semi-trailer (20t) | - | 40 | total base not less than 13.3 m. drive axle consisting of twin wheels on air suspension |
| Truck + trailer | 2 + 2 | 36 | total base not less than 12.1 m |
| 2 + 3 | 42 | total base not less than 14.6 m | |
| 2 + 4 | 44 | total base not less than 16.5 m | |
| 3 + 2 | 42 | total base not less than 14.6 m | |
| 3's + 3's | 44 | total base not less than 15.9 m | |
| 3 + 4 | 44 | total base not less than 18.0 m |
It is not allowed to exceed the established normative characteristics more than 20%.
Rules for the entry of trucks into Moscow
At a certain distance from the center of the capital, boundaries have been established, within which the following restrictions on the movement of freight transport apply.
| Border | Ban time | Limitation |
| Third Transport Ring (TTK) and the territory of Moscow | from 6.00 to 22.00 | Car entry ban carrying capacity more than 1 t. |
| Moscow ring road and the territory of Moscow | from 6.00 to 22.00 | Vehicle entry ban permitted maximum weight more than 7 tons |
| MKAD and the territory of Moscow | from 6.00 to 22.00 | Ban on the entry of cars with a maximum authorized mass of more than 12 tons. |
| from 6.00 to 22.00 | Ban on the entry of cars with a maximum permitted weight of more than 12 tons on Fridays, Saturdays and Sundays, non-working and public holidays from May 1st to October 1st. |
Drivers with a licensed pass, as well as other permitted categories of vehicles (operational, utility, evacuation, postal and other services) can freely cross the indicated borders at any time of the day.
The Platon system for trucks was launched on November 15, 2015. From this moment on, the owners of freight vehicles are charged a fee to compensate for the damage caused to public roads of federal significance. On paid sections the system does not apply to roads (part 5 of article 31.1 of the Law of November 8, 2007 N 257-FZ). For obvious reasons, many have a question related to the introduction of the Plato system: what cars fall under it.
Who got paid
The Law states that the fee must be paid for cars with a permitted maximum weight of over 12 tons (part 1 of article 31.1 of the Law of November 8, 2007 N 257-FZ). We are talking about the mass of the equipped vehicle with cargo, driver and passengers, indicated in the vehicle passport (PTS), as the maximum allowable. Either specified in the vehicle type approval or in the vehicle design safety certificate (part 3 of article 31.1 of the Law of November 8, 2007 N 257-FZ). In terms of the technical regulation "On the safety of wheeled vehicles" and traffic police statistics, this is trucks category N 3 (Appendix N 1 to the technical regulation of the Customs Union TR CU 018/2011).
Plato: which cars are covered and which are not
Lead complete list trucks that fell under the Plato system is quite difficult, and not necessary. Indeed, all 12-titon vehicles belong to the “Platonic” cars, starting from domestic KamAZ trucks and ending with truck tractors manufactured by Volvo, Mercedes-Benz, etc.
At the same time, the following are exempted from paying a fee to the Platon system (part 7 of article 31.1 of the Law of November 8, 2007 N 257-FZ):
- vehicles intended for the transport of people, except for cargo-passenger vans;
- fire brigade, police, ambulance vehicles medical care, emergency services, military automobile inspection, equipped with devices for giving special light and sound signals;
- self-propelled vehicles with weapons, military equipment, transport of the Armed Forces of the Russian Federation, other special transport, with the help of which weapons, military equipment and military equipment are transported.
Thus, conventional organizations with freight transport, as a rule, must make payments to the Plato system.
Many will remember the days in November 2015, when on the roads you could see lines of truckers holding snail protests against the introduction of federal road tolls for heavy vehicles with a permitted weight of more than 12 tons. The essence was, as always, simple, when the lower classes cannot, and the upper classes do not want, but the revolution did not happen ... The fee for heavy trucks was introduced on November 15, 2015. This means that the life of truckers has become somewhat more complicated. They have new rights and obligations, and new fines for failure to fulfill their obligations. It is about payment according to the Plato system and about fines if this is not done, we will talk in our article.
The emergence of a new operator participating in the collection of funds for the use of federal roads
Back in August 2014, the Decree of the Government of the Russian Federation N 1662-r was signed by Prime Minister Medvedev D.A. At the same time, it should be noted that participants in RT-Invest LLC and businessman Igor Rotenberg were already mentioned in this order. The latter is mentioned on the RT-Invest website.
That is, an unheard-of generosity lobbying of interests took place, when executors for an important and monetary project were appointed out of competition and tender. It is also interesting that, in fact, contributions to the federal budget for road repairs are collected by “private traders” who are related to the state in so far as. Well, the Prime Minister clearly knows better how to be than mere mortals.
How can I pay for heavy trucks for the use of federal roads
Since the operator already exists, it is necessary to conclude legal relations with him. You can do this in three ways:
Register on the website of the Platon system;
- draw up contractual relations at the nearest office of the system;
- use a self-service terminal (only for payment, it is impossible to get a card or device)
At the same time, based on where you go and what you prefer, you can be given either an on-board device, reusable. Or route map- disposable.
In this case, the issuance of a device or card will be carried out upon verification of all the data provided, and this for an individual:
Address Email.
Number mobile phone.
TIN.
Bank details.
Scanned vehicle registration certificate.
For legal entities, everything is much more complicated. As a result, the device or card will be issued at the office immediately, and when registering through the site in about 5 days. Upon arrival, everyone is in the same office. That is why it is preferable to go to the office.
Here it should be noted that it is better to take a reusable device, it will become universal, unlike a card. The device does not require you to enter a route, unlike a map. In this case, payment will be charged based on determining the location (traffic route) of vehicles using GLONASS or GLONASS/GPS satellite navigation technologies.
The only thing left to say is that payment can be made through a bank or through bank card. In the future, it will be possible to pay via terminals in cash.
Where and how to install a device for reading the fare (use) of federal roads for heavy trucks over 12 tons
Now about the technical part, that is, about the devices that provide the definition of the vehicle, as well as those that transmit data and calculate during the trip. (accounting and debiting payments).
The device of the "Platon" system must be connected to onboard network car during the entire trip. It should be as close to windshield to be able to communicate with him. In this case, it is not recommended to install the latter near glass heating. This requirement is associated with a reduction in interference during signal transmission.
The main indicator of device operation is a burning in green Light-emitting diode. It is he who signals that everything is in order. If it is not lit, then this is a cause for concern, since in this case the driver of a heavy truck may be fined, which we will discuss later.
The amount of payment for each kilometer for the use of federal roads for heavy trucks over 12 tons (according to the Platon system)
It was originally planned that the amount would be 3.5 rubles per kilometer. However, after truckers protested, the government lowered the rates somewhat. So the tariff for heavy trucks when driving on public federal highways until February 29, 2016 will be 1.53 rubles. per kilometer of the distance traveled, and from March 1, 2016 to December 31, 2018 - 3.06 rubles. However, until 2018 they did not endure.
Moscow, 2016, November 2. The Ministry of Transport of the Russian Federation has prepared a draft resolution, according to which the tariff of the Platon system will be raised to 3.73 rubles per 1 km.
Which article regulates the fine for non-payment of travel (use) of federal roads by heavy vehicles over 12 tons
Under new law it was also necessary to supplement the Code of Administrative Offenses with a new article or paragraph, which was done. So, from November 15, 2015, article 12.21.3 “Failure to comply with the requirements of the legislation of the Russian Federation on payment of compensation for damage caused to public roads of federal significance by vehicles with a maximum permissible mass of more than 12 tons” appeared.
Now it remains to study the article and resolution No. 504 dated 06/14/2013 "On the collection of fees in compensation for damage caused to public roads of federal significance by vehicles with a permitted maximum mass of more than 12 tons" for what is a violation, and what the penalty in this case will be taken from the driver.
What is the fact of non-payment when using federal roads for heavy trucks over 12 tons?
Let's start with the resolution, or rather even the rules attached to it "Rules for charging fees to compensate for damage caused to public roads ...". They have paragraph 12, which we will quote:
| Movement without paying a fee is considered: the movement of the vehicle with the on-board unit turned off or defective without the owner of the vehicle paying money to the operator and informing the operator in accordance with paragraph 9 of these Rules; |
There is no need to comment on anything here. As they say, it is written in Russian in white, and there is nothing to add. So everything is clear. Now about the penalty for such deviations from the rules.
Fine for non-payment for the use of federal roads for heavy trucks over 12 tons
Again we return to our newly introduced article of the Code of Administrative Offenses 12.21.3 of the Russian Federation and look at its paragraphs:
It should be noted here that the legislators did not stop there and went further, namely by writing paragraph 2 in this article, which provides for more severe punishment in case of a repeated violation. So let's take a look at part 2:
It remains to be added that a repeated violation is considered within a year from the date the decision comes into force, in accordance with the Code of Administrative Offenses 4.6 of the Russian Federation.
Chronology of developments after the strikes of truckers for the abolition of the collection of fees from trucks (heavy trucks) with a permitted weight of more than 12 tons
On December 15, 2015, Russian President Vladimir Putin signed a document providing for amendments to the Code of administrative offenses, for which for non-payment of travel on the system "Platon" entity(the owner of the truck) must pay a fine of 5,000 rubles, and for a repeated violation - 10,000 rubles. This is significantly less than the amounts originally set - previously, a legal entity was supposed to be fined 450,000 rubles for the first violation and 1,000,000 rubles for the second.
Also, according to the amendments, heavy trucks that have entered from abroad will be exempted from paying a fine if the car has traveled no more than 50 kilometers from the border, and the driver managed to pay the toll using the Platon system after fixing the violation, but before the case is considered.
Also on the 20th of December 2015, the president made a proposal to abolish transport tax for trucks over 12 tons. The change was considered by the government in 2016 but never adopted.
Is it possible to pay a fine for "Plato" with a 50 percent discount
Since the beginning of 2016, innovations have appeared in the Code of Administrative Offenses of the Russian Federation in Article 32.2 of the Code of Administrative Offenses of the Russian Federation, which allow the possibility of payment for some articles connected with traffic violations 50 percent discount. These articles of the Code of Administrative Offenses of the Russian Federation include fines under the Platon system.
That is, if the driver was issued a fine, it does not matter which person, whether natural or legal, a fine for violating the requirements toll for heavy trucks you can pay with a discount of 50 percent. The main thing here is to meet the deadlines. Pay no later than 20 days from the date of the decision and no earlier than the fine enters the traffic police database.
Question and answer on the topic "Charging fees from trucks over 12 tons and a fine in case of non-payment of payment"
Question: Will they take a fine if the money was paid, but the Platon device was turned off during the trip?
Answer: Yes, they will. Initially, the fine will be from 5000 rubles. Again from 50,000 rubles.
Question: Will a driver who does not use his own device, but drives his own car, be fined if the device’s account did not allow paying for the trip?
Answer: Yes, they will. The fine will be issued primarily to the owner of the vehicle.
