One of the priority areas of road safety is to ensure the safety of life and health of passengers, as well as other road users.
Transportation of people in the back of a truck is regulated by the Rules of the Road and the Basic Provisions.
Transportation must comply with all the requirements set forth in the traffic rules in order to avoid causing harm to the health of passengers.
Driver Requirements
The rules for the transportation of people in the back of a truck (22.1 SDA), effective from 07/25/2017, establish that a driver with a certificate granting the right to drive cars of the following categories can transport passengers in the back:
- category "C" - up to 8 people (including passengers in the cabin);
- categories "C", "C1", "D1" - from 8 to 16 people;
- category "D" - from 16 people.
Under what conditions is it allowed to transport people in the bodies of trucks? According to paragraph 4 of the Basic Provisions of the SDA, the carriage of passengers is allowed only in a specially equipped body.
The body of the truck must meet the following requirements:
The sides and seats must be smooth, without protruding sharp parts. For boarding (disembarking) people, the body is equipped with a ladder, which is attached from the side of the tailgate, on the right side relative to the course of movement.
Side locks must be in the closed state, and additionally fixed to prevent accidental opening during movement.
A mandatory requirement is the presence in the back of a fire extinguisher (with a capacity of 2 liters) and a first aid kit.
Video: Transportation of people
Before boarding a body equipped for transportation, the foreman or truck driver is instructed on the rules of boarding, placement and disembarkation, as well as the rules of behavior while driving.
Boarding and disembarking is allowed only from the sidewalk, in the absence of vehicle movement. All movements of passengers can only occur during a stop, with the permission of the body supervisor. The number of passengers cannot exceed the number of seats.
It is strictly forbidden to transport children in the back of a truck.
When transporting people in the back of a truck, there are several restrictions:
- it is impossible to transport piercing and cutting tools, without sheathing or in open boxes;
- do not move around the body, lean against the sides, sit on them or bend over the side walls while the vehicle is moving.
If the body of a cargo vehicle with an onboard platform is not equipped with means to carry people, only a certain category of passengers is allowed to be transported in it.
These are the people who provide escort of the cargo or the person who follows its receipt. The seat for such passengers should be located below the level of the side, at least 15 cm.
Truck towing
Is it allowed to transport people in the back of a truck when towing? According to clause 20.2 of the SDA, the presence of passengers in the back of a towed truck is unacceptable, with any method of towing.
People can only be in the back of the towing vehicle if towing is carried out on a flexible or rigid hitch. If towing is carried out by partial loading, passengers are not allowed to be in both vehicles.
What threatens a driver who violates the rules of transportation and what is the fine for transporting people in the back of a gazelle or other truck?
In 2020, the Code of Administrative Offenses of the Russian Federation provides for the following administrative punishment:
Administrative offenses that are subject to a fine also include the absence or violation of the pre-trip and post-trip technical inspection of the car and the medical examination of the driver.
If the truck body is equipped in accordance with the rules established by the traffic rules, and the driver and passengers comply with all transportation requirements, there are no restrictions on such transportation of people.
An exception is the transportation of children, which can only be carried out in the cab of a truck. To ensure their safety, children must be in a car seat or restrained by other restraints and seat belts.
A fine for transporting people in a cargo van is the sanction that can be brought against a citizen in order to ensure the safety of other people. The road is a zone of increased danger, and moving along it, being in a place unsuitable for this, is doubly dangerous. In emergency cases, when a person must get to another point as soon as possible, he has to consider any options. And one of them is a trip not in the passenger seat, but in the back of a passing truck.
In what cases is transportation allowed?
Despite the fact that this way of traveling is rather inconvenient, trips in a cargo van are practiced in large enterprises where cargo is constantly transported. The person in the back most often plays the role of a freight forwarder or an employee of the logistics department, who must accompany the goods and monitor its condition.
In other cases, transportation of people is necessary when moving from one place to another, or when a large number of people urgently move to another facility. In fact, transporting people in a truck, in principle, is not a violation of traffic rules. But only if there are no violations in the equipment of passenger seats. If all the rules are met, then the driver does not face a fine for violating the rules for transporting one or more passengers.
Here are the basic requirements.
- First of all, the person behind the wheel must have a category C license. If you need to transport eight people, you need a license with the letter D. The driving experience should not be less than three years.
- The cargo compartment must have attached side walls, called a platform.
- Passenger seats must be located strictly in accordance with the number of people transported. If there are more citizens than seats, then such transportation is prohibited.
- Seats should be located at a height of twenty to fifty centimeters from the floor. The minimum height of the side railing is eighty centimeters from the floor.
- Seat backs must be firmly fixed and hold up well.
Before starting maneuvering, the driver is also obliged to conduct an educational program on safety measures for his passengers: to recall the rules for loading on and off the transport, as well as behavior in the cargo compartment.
In what cases will transportation be considered illegal?
According to its provisions, it is possible to obtain a protocol for the carriage of passengers if they are located outside the vehicle itself or the cabin in which people can be. For example, if citizens have chosen a cargo trailer for a car or a sidecar of a cargo motorcycle as passenger seats. What penalty threatens for improper transportation of people in a compartment intended for overall items is also regulated by the provisions of this article.
The cost of the fine for the driver in this case is 1000 rubles.
Important! Transportation of children in a cargo van that is not adapted to their needs is prohibited in any case. And here the fines are much higher. Three thousand rubles is the amount of punishment for a driver who did not take care of the safety of a small passenger. If an official is found guilty, he will pay twenty-five thousand. And, finally, if the protocol is drawn up for a legal entity, the amount of punishment will increase to one hundred thousand rubles.
How to use a truck to transport a car
The traffic rules adopted in Russia do not consider it a violation to transport a car if it has all the necessary documents. The traffic police inspector can stop the driver to check the papers, and if there are none, then he will have the right to be held liable for incorrect transportation. The driver must demonstrate:
- passport of the owner of the transported vehicle
- if the car does not have an owner, then you need to provide a sales contract or a car registration paper
- vehicle passport.
How should a truck be equipped for the constant transportation of people
If the transportation of people in the back of a truck will be permanent, then it needs to be retrofitted. In addition to installing seats with strong backs and a side platform, it will be necessary to close the body itself - to stretch an awning or tarpaulin, all cracks in the floor will have to be patched, and electricity will need to be supplied to the body itself.
It will be necessary to update the locking mechanisms, as well as install an alarm to communicate with the driver in an emergency. An extra fire extinguisher would be helpful. And in the cold season, the cargo compartment will need to be heated.
Additional technical equipment of the body - and it will be possible to transport passengers in it without problems. In order not to get a fine for transporting people in an undesignated cargo van, you need to prepare.
The list of reasons that allow the transportation of passengers in the back of a vehicle is quite small. In this case, several rules must be observed.
The Rules of the Road of the Russian Federation indicate that the transportation of people in the back of a truck is possible if certain rules are followed. Among which:
The driver must have the rights of category "C", "D" (depending on the number of passengers) and experience of more than 3 years.
Body equipment with an onboard platform.
Seats in the body must be fixed at a distance of at least 30 cm from the upper edge of the side and 30-50 cm from the floor. Another condition is strong seat backs.
There should be as many passengers as there are designated seats.
In an unequipped body, only persons accompanying the cargo can be transported. They must be provided with a seat, which is located below the sides.
Inadmissible violations of the carriage of passengers in the back of a truck
Failure to comply with the Rules of the Road, prescribed in chapter 22, entails the imposition of fines. Punishment for an offense is imposed if the driver has an inappropriate category of rights, insufficient experience, did not equip the body with an onboard platform, transported more citizens than is allowed. The amount of the fine depends on the type of violation.
Fine for transporting passengers in a cargo van
The Code of Administrative Offenses of the Russian Federation provides for a fine for transporting people in the back of a cargo van. It is 1000-3000 rubles. The amount depends on the age of the passengers whose rights have been violated. Failure to comply with the requirements for the transportation of children entails the imposition of a maximum administrative fine.
ST 12.23 of the Code of Administrative Offenses of the Russian Federation:
Violation of the rules for the transportation of people, with the exception of cases provided for by paragraphs 2 and 3 of this article - shall entail the imposition of an administrative fine in the amount of five hundred roubles.
Transportation of people outside the cab of a car (except for cases permitted by the Rules of the Road), a tractor, other self-propelled vehicles, on a cargo trailer, in a trailer-dacha, in the back of a cargo motorcycle or outside the seats provided for by the design of the motorcycle - entails the imposition of an administrative fine in the amount of one thousand rubles.
Violation of the requirements for the transportation of children, established by the Rules of the Road - entails the imposition of an administrative fine in the amount of three thousand rubles.
The most flagrant violation is the neglect of the rights of children during their transportation in vehicles. Trucks, including those equipped with an onboard platform, are not designed to transport children of any age.
If you still have any questions about the fine for transporting passengers in a cargo van, you will be answered by professional legal advice.
The rules for the transportation of people and the requirements for the driver carrying out the transportation are fixed in the traffic rules. Responsibility for violation of the rules for the transportation of people is established, depending on the severity of the consequences of the violation, of Articles 264 of the Criminal Code of the Russian Federation and Article 12.23 of the Code of Administrative Offenses of the Russian Federation.
Transportation rules
Transportation of people can be carried out both in cars and buses, and in specially equipped trucks. In this case, the driver must have the rights of the appropriate category and the conditions of transportation provided for by the rules of the road must be observed.
Transportation of people in the back of a truck is allowed if the driver has a category “C” or C1″ license for three or more years. To carry out the transportation of people in a truck in the amount of 8 - 16 people (including passengers in the cab), you must have a license of category "D" or subcategory "D1".
To transport more than 16 passengers in a truck (including passengers in the cabin), the driver must have a category “D” license (clause 22.1 of the SDA).
In addition to the requirements for drivers transporting people, the traffic rules also contain the rules for the transportation itself. So:
- in accordance with paragraphs. 22.3, 22.9 of the SDA, the number of passengers carried must comply with the technical characteristics of the vehicle;
- in accordance with clause 22.7 of the SDA, it is not allowed to board or disembark people until the vehicle stops completely, as well as the movement of passenger transport with open doors or opening doors until the vehicle stops completely;
- in accordance with clause 22.5 of the SDA, it is prohibited to transport passengers in the back of a truck that is not designed and equipped for the transportation of people. The exception is cases when a passenger accompanies the cargo in the body of a truck and only if there is a seat below the level of the side of the body;
- in accordance with clause 22.4 of the SDA, the driver of a truck carrying passengers in the body of the vehicle is obliged to explain to them the rules for boarding, disembarking and positioning in the body;
- in accordance with clause 22.8 of the SDA, it is prohibited to carry passengers outside the cab of a car, tractor, with the exception of trucks adapted for the transport of people;
- in accordance with clause 22.8 of the SDA, it is prohibited to carry passengers in cargo trailers, trailers, dachas, in the cargo compartments of motorcycles and other self-propelled vehicles.
Paragraph 22.9 of the SDA is specifically reserved for the description of the rules for transporting children in the salons and cabs of cars. So:
- it is forbidden to transport children under 7 years old without fixing them with special restraints;
- it is forbidden to transport children from 7 to 11 years old in the front seats without special fixing devices, and in the rear seats - without the use of special fixing devices or standard seat belts;
- transportation of children under the age of 12 in the back seat of a motorcycle is prohibited;
- in accordance with clause 11 of the SDA, the organized transportation of children is prohibited in the absence of special identification marks on the vehicle. Special identification signs include "Speed Limit" and "Transportation of Children".
Conditions for criminal liability
There are many reasons why an accident can happen. Regardless of whether the driver transporting people is guilty of an accident or not guilty, he will be held criminally liable under Art. 264 of the Criminal Code of the Russian Federation with the simultaneous coincidence of two conditions:
- transportation of people was carried out in violation of traffic rules;
- as a result of an accident, people transported by it were seriously injured or killed.
To make it easier to understand, let's take an example.
The driver Ivanov was taking schoolchildren on an excursion outside the city. At the same time, there were more children in his minibus than there were seats, and besides, the bus was not equipped with special identification marks. On a two-lane highway, a drunk driver of a weight went into the oncoming lane, as a result of which the truck collided with a bus driven by Ivanov. As a result of the accident, two children died, and 10 children were seriously injured.
As can be seen from the conditions of the example, a drunk truck driver was guilty of an accident. However, a criminal case will be initiated not only against the culprit, but also against Ivanov, since the children who were standing in the bus died, that is, in violation of paragraphs 22.3 and 22.9 of the traffic rules. The children, who were seated in the seats and were wearing seat belts, were not injured. That is, the driver will be held criminally liable not for traffic violations that led to an accident, but for traffic violations that led to serious consequences.
Article 264 of the Criminal Code of the Russian Federation provides for liability for violation of any paragraph of the Rules of the Road, if as a result of this violation either serious harm was caused to people's health, or people died.
Penalties will vary depending on the severity of the consequences and on some of the circumstances associated with the violation of traffic rules. So:
- part 1 of Art. 264 of the Criminal Code provides for liability for violation of traffic rules if, as a result of the violation, serious harm was caused to people's health. The punishment can be either imprisonment, or forced labor, or arrest. An additional penalty in the form of deprivation of a driver's license will be applied at the discretion of the court;
- part 2 of article 264 of the Criminal Code provides for liability on the same grounds as part 1, but with the condition that the violation was committed while intoxicated or with the condition that the driver left the scene of an accident;
- part 3 of article 264 of the Criminal Code provides for liability for violation of traffic rules, if as a result of this violation the death of a person occurred. The punishment can be either imprisonment or forced labor with mandatory deprivation of a driver's license;
- part 4 of article 264 of the Criminal Code provides for liability for the same actions as part 3, but with the condition of committing a traffic violation in a state of intoxication or on condition that the driver left the scene of an accident;
- Part 5 of Article 264 of the Criminal Code provides for liability for violation of traffic rules if more than one person died as a result of this violation. The measure of punishment can only be imprisonment with mandatory deprivation of a driver's license;
- part 6 of article 264 of the Criminal Code provides for liability for the same actions as part 5, but with the condition that the violation was committed while intoxicated, or with the condition that the driver left the scene of an accident.
Responsibility under the Code of Administrative Offenses
Administrative liability for violation of the rules for the transportation of people is provided for in the following cases:
- transportation of people in excess of the number provided for by the technical characteristics of the vehicle (for example, transportation of standing passengers in the cabin of a fixed-route taxi) (clauses 22.3, 22.8 of the SDA);
- boarding (disembarking) of passengers until the vehicle comes to a complete stop, as well as starting to move with the doors open or opening the doors until the vehicle comes to a complete stop (clause 22.7 of the SDA);
- transportation of people in the back of a truck with an onboard platform not equipped for the transportation of people, with the exception of persons accompanying the cargo or following its receipt (provided that these persons are provided with a seat below the level of the sides) (paragraph 22.5 of the SDA);
- failure by the driver of the truck to instruct passengers before the trip on the procedure for boarding, disembarking and placing in the body, as well as the start of the movement by the driver of the truck without making sure that safe conditions of transportation are provided (clause 22.4 of the SDA).
For violation of these rules for the transportation of people, a fine of 500 rubles is provided. (part 1 of article 12.23 of the Code of Administrative Offenses of the Russian Federation).
Administrative responsibility for the transportation of people outside the cab
Administrative responsibility is provided for the transportation of people outside the cab of a car (except for the cases of transportation of people in the back of a truck with an onboard platform or in a van body), a tractor, other self-propelled vehicles, on a cargo trailer, in a trailer-dacha, in the back of a cargo motorcycle and outside the prescribed the design of the motorcycle seats (clause 22.8 of the SDA).
For violation of these transportation rules, a fine of 1,000 rubles is provided. (part 2 of article 12.23 of the Code of Administrative Offenses of the Russian Federation).
Administrative liability for violation of the rules for transporting children
Administrative liability for violation of the established traffic rules for the transportation of children is provided, in particular, in the following cases:
- transportation of children under 7 years of age without the use of child restraint systems (devices);
- transportation of children aged 7 to 11 years (inclusive) without regular vehicle seat belts or child restraint systems (devices);
- transportation of children aged 7 to 11 years (inclusive) in the front seat of a car without using a child restraint system (device);
- transportation of children under 12 years old in the back seat of a motorcycle.
For violation of the established traffic rules for the transportation of children, a fine for the driver in the amount of 3,000 rubles is provided. (part 3 of article 12.23 of the Code of Administrative Offenses of the Russian Federation).
In addition, administrative legislation provides for liability for violation of the Rules for the organized transportation of groups of children by buses.
So, for example, non-compliance of a driver carrying out organized transportation of groups of children with the established requirements entails a fine on the driver in the amount of 3,000 rubles. (part 4 of article 12.23 of the Code of Administrative Offenses of the Russian Federation; clause 8 of the Rules, approved by Decree of the Government of the Russian Federation of December 17, 2013 N 1177).
Transportation of children at night in violation of established requirements entails a fine on the driver in the amount of 5,000 rubles. or deprivation of the right to drive vehicles for a period of four to six months (part 5 of article 12.23 of the Code of Administrative Offenses of the Russian Federation; clause 11 of the Rules).
Driving a vehicle in the absence of identification signs "Speed limit" and "Transportation of children" in the organized transportation of groups of children entails a warning or a fine of 500 rubles. (Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation; clause 7.15(1) clause 7 of the Appendix to the Basic Provisions, approved by Decree of the Government of the Russian Federation of 10.23.1993 N 1090; clause 8 of the Basic Provisions, approved by Decree of the Government of the Russian Federation of 23.10. 1993 No. 1090).
If the driver commits an act that simultaneously contains elements of two or more administrative offenses, the driver’s liability will come under an article providing for a more severe punishment (part 2 of article 4.4 of the Code of Administrative Offenses of the Russian Federation).
For violation of the rules for transporting passengers, the driver faces a fine of 500 rubles. However, if we are talking about specific cases that are provided for in parts 2-6 of this article, then a more severe punishment is due. It should also be noted that it does not matter how many people are transported against the rules, one or 10, the amount of the fine will be the same.
In the trunk of a car
Rules for the transportation of citizens
The procedure for transporting people in the back of a truck with an onboard platform is determined by paragraph 22 of subparagraphs 2 - 7 of the SDA. So according to them, the qualification requirements for the driver in this case are as follows: a certificate for the right to drive a category “C” transport (if more than eight people are transported, including people in the cab, then a certificate of categories “C” and “D” is required) and more than 3 years of experience in managing funds in this category.
Passage in the back of a truck with an onboard platform that is not equipped for the carriage of passengers is allowed only to persons who accompany the cargo or follow its receipt, provided that they have a seat that is located below the level of the sides. Before the trip, the driver is obliged to instruct people on the procedure for boarding, disembarking and placing in the car body.
It is possible to start moving the car only after the driver is convinced that the conditions for the safe transportation of people are provided. It should be noted that the number of people who are transported in the back of a truck should not be more than the number of places equipped for sitting.
Important! Transportation of children in the body of the vehicle is prohibited.
Military drivers are allowed to carry passengers on cargo vehicles in accordance with the established procedure.
Controversial situations and ways to avoid punishment
If traffic police officers have questions about the number of people who are transported by truck, they should remember that The rules do not regulate the location and number of seats in the body. However, it will be possible to avoid punishment if the total weight of the transported passengers does not exceed the carrying capacity of the vehicle and they all sit in specially equipped places, because it is forbidden to put people on the floor of the vehicle.
It is also possible that traffic police officers will file a claim for insufficiently well-equipped seats in the back, in which case you should carefully take measurements in advance and make sure that the seats are fixed at a height of 30-50 cm from the floor and at least 30 cm from the top board edges. In case this is the case, the law is on your side and the seating is properly equipped. Otherwise, it makes sense to make a redevelopment in the body, arranging the seats in accordance with the Rules, in order to calmly transport passengers without fear of punishment.
The traffic rules of Russia provide for special requirements for the transportation of children, however, you can avoid disputes and a fine when transporting them on a truck by equipping it as a van that protects them from falling. You can find out in more detail about what are the penalties for improper transportation of children in transport.
To avoid punishment when transporting people in trucks by military personnel, it should be noted that military vehicles can be driven by persons with category “C” and a special certificate of admission to driving a truck of a specific brand, equipped for the transportation of personnel and it is valid only for the period of military service. In the absence of such a certificate, even in the presence of a driver's license of a civilian, if such an offense is detected, punishment cannot be avoided. The same situation will arise if the brand of the car on which the military personnel were transported does not correspond to the brand marked in the certificate.
How can the DPS prove your guilt?
Each driver, when drawing up a report on him, naturally begins to think about his own protection. The law provides for the presumption of innocence, that is, a person cannot be considered guilty if his guilt is not proven.
So, it says that a person is liable only for those administrative offenses in respect of which his guilt is established, is considered innocent until his guilt is proved in the prescribed manner and is not obliged to prove his innocence, except for the cases provided for by the note to this article.
These are the offenses provided for in Chapter 12 of the Code of Administrative Offenses, if they were recorded by special technical means operating in automatic mode. Photographs and videos can serve as evidence.
Reference! Evidence obtained illegally cannot be used. They will not be taken into account by the court.
If the driver's guilt has been proven without the use of methods prohibited by law, and the documents regulating the offense were drawn up correctly, there should be no obstacles to awarding the guilty person a fine.
In the case when it comes to the transportation of citizens in the body or trunk of a car, an employee can detect the presence of this by stopping the vehicle and simply opening the body or trunk and the use of special fixing means is most likely not required. This means that there will most likely not be an opportunity to challenge the illegality of obtaining evidence.
Conclusion
Despite the fast pace of life, the high costs of transportation, the desire to save time or save money by transporting people to places not intended for this in a car, you should remember: the rules are written for a reason and often, failure to follow them can lead not only to unwanted expenses in the form of fines, often quite significant, but also to injuries and even death of road users! It is especially tragic if innocent children are the victims through the fault of adults.
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