Penalty for axial loads. Who pays for the overload

04.03.2020

Reading time: 3 min.

What is the penalty for overloading a truck in 2020? Table of penalties. How do I dispute an overload fine? The answer in this article is from the specialists of the site "Traffic Police Penalties"

The traffic police fine for overloading a truck in 2020 is

from 1500 to 500 000 rubles.

Article 12.21 of the Code of Administrative Offenses of the Russian Federation

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Overloading of commercial vehicles is one of the main causes of destruction of public roads. On the other hand, reloading is often extremely beneficial for commercial structures, because each extra kilogram transported in excess of the norm in this case does not require additional costs for equipment, salaries for drivers, and so on.

Overload is a characteristic phenomenon of developing countries. In Russia, it has become so widespread that even auto dealers in their advertising began to use the possibility of overloading as a competitive advantage.

You need to make a reservation. The most dangerous for the road surface is precisely the overload of freight transport. Extra 100-200 kg in a passenger car does not affect the cracks in the asphalt, however, it reduces the maneuverability of passenger vehicles, leads to problems with braking and overturning.

In recent years, the laws regarding the reloading of commercial vehicles have changed several times, the liability and the amount of fines increase from year to year.

Rules for the carriage of goods

The rules for the transportation of goods along the routes of Russia are recorded in the 257th Federal Law. Among other things, it says - if the mass of the car is 2.5% higher than the permitted one, the violator must pay a fine for overloading.

If the overload is forced and unavoidable, the truck route must be agreed in advance with the authorities. In this case, you will also have to pay for the damage caused to public roads.

Speaking about the overload of freight vehicles, the mass per one axle of the vehicle is most often taken into account. It is this parameter that is indicated on road signs and the neglect of this characteristic of the vehicle is punishable by fines.

At the same time, weight limits for trucks with different numbers of axles are legally defined.

For two-axle trucks, the limit is 18 tons;
3-axle - 25 tons;
4-axle - 32 tons;
5-axle - 35 tons;

How to calculate the mass of a truck along the axles?

Precisely this setting is almost impossible. Open trucks fill with water from the rain and lose moisture with evaporation. In most cases, it is enough to add up the mass of an empty truck from the documents of the vehicle, add it up with the mass of the cargo according to the waybills and divide by the number of axles. The final figure will need to be compared with the instructions on the road signs.

Axle overload penalty

The fine for axle overload is issued by the traffic police on the basis of part 21 of article 12 of the Code of Administrative Offenses of the Russian Federation. The amount of the fine depends on the scale of the overload and applies to the driver, official and legal entities. A fine will be issued if an overload with the help of special scales is detected on at least one axle of the truck.

Overload value 2-10%

from the driver - 1500 rubles.
from the face of an official - 15,000 rubles.
from legal to 150,000 rubles.

Overload value 10-20%

from the driver - 4000 rubles.
from the face of an official - 30,000 rubles.
from legal to 300,000 rubles.

Overload value 20-50%

from the driver - 10,000 rubles. (or deprivation for 4 months)
from the face of an official - 40,000 rubles.
from legal to 400,000 rubles.

10-20% of the value specified in the permit

from the driver - 3500 r.
from the face of an official - 25,000 rubles.
from legal to 250,000 rubles.

20-50% of the value specified in the permit

from the driver - 10 00 rubles.
from the face of an official - 50,000 rubles.
from legal to 500,000 rubles.

To the fines described above, a fine for non-observance of the “axle load” sign may be added. Recovery in this case will be 5000 r.

How do I dispute an overload fine?

You can challenge the fine for overloading in the same way as any other fine of the traffic police.

If you have a decision on an administrative offense on hand, on the basis of it, the most detailed complaint is drawn up with the attached documents confirming your innocence.

A complaint can be sent both to the court at the place where the violation was determined, and to the traffic police, to higher authorities.

The term for contesting fines for overload is 10 days, but it can be extended by a separate special request to the court.

The quality of Russian roads leaves much to be desired. The well-known statement of the Russian classic regarding the two main troubles of Russia, unfortunately, is still relevant today. In addition to poor-quality, one might say, surface repairs of roads, the traffic load has a great influence on its condition. It is overloaded trucks, according to experts, that are the main destructive force. They decided to fight this by using a special penalty for overloading the axle, which was doubled in 2016. Restoring roads requires a lot of money, and the increased penalty is a strong argument in favor of abandoning the congestion.

As practice shows, a large proportion of long-distance transportation falls on the Gazelle - a small-tonnage car, without additional seats for passengers. Despite the fact that their permitted weight does not exceed the permissible norm for city roads and highways, the amount of the penalty has been increased for them as well. Of course, the quality of the roads is also of great importance. Everyone knows that local governments often like to save budget funds in these works, as a result, the service life is significantly reduced. In the struggle for a decent road surface, the leadership of some regions of the country holds repairmen and builders liable if the quality of work does not meet the declared standards.

Consequences of overloading the car

If for a moment we leave the issue of the destruction of the roadway and look at the consequences of overloading from the position of the car, we get the following picture:

there is an intensive consumption of fuel and other substances;
the process of wear of the gearbox, clutch, brake system, suspension, seat lock is accelerated. The axle of the car also suffers;
the maneuverability of the truck is deteriorating. This is due to the erasure of the pattern on the rubber.

If you are not embarrassed by the fact that overloading a truck is the main reason for the poor quality of Russian roads, then at least think about your car. By following the rules dictated by the traffic police in 2016, you have every chance to extend the life of your iron horse. Save money on forced repair work, and be able to carry out the transportation of goods on time, without any delay. If we consider the overload on the axle from this point of view, it turns out that breaking the law is more expensive for ourselves. Well, do not forget about the increased penalty for overload. So it turns out that it is cheaper and safer to still comply with the adopted law.

Basic road requirements

If you managed to get caught on your Gazelle by representatives of the authorities (in this case, traffic police officers) and earn a fine, whatever it may be, then we recommend that you do not rush to pay it. You may have a chance to appeal it. Oddly enough, but the law provides for cases where you can significantly reduce the amount of an administrative penalty. True, for this you will need to put forward a counter appeal to the court. That is the law. It is advisable to do this when you have been issued a large fine for overloading.

Cases when it is possible to put forward a counterclaim for axle overload:

if the road on which the violation was recorded by the traffic police inspector does not meet all regulatory requirements for the load;
there is a gross violation of the established rules during the construction of the road;
the roadway is far from the standards of SNiP 2.05.02-85.

If at least one moment is present, you have every chance to reduce the amount of the administrative penalty. How much you end up paying will depend on the court.

Gazelles are the first to suffer from the poor quality of roads. And this applies to both trucks and cars, which implies the presence of a certain number of passengers in the cabin. A road that complies with all SNiP standards must withstand the standard vertical and short-term load without any problems. The roadbed must remain intact and intact.

In 2016, it is customary to distinguish 5 categories of road:

1st and 2nd category. This is a permanent asphalt pavement. A load of up to 10 tons per axle is allowed here. This is the maximum.
3rd category. Improved, gravel-asphalt pavement. Just as in the first two categories, a vehicle axle load of up to 10 tons is allowed.
4th category. There is a hard gravel surface here. The maximum permissible load on the axle of the car is 6 tons.
5th category. A road without a hard surface, which is laid on the ground. The maximum axle load must not exceed 6 tons.

How is the axle load penalty determined?

It would be a little strange to assume that traffic police inspectors determine the overload of the car by eye. It is simply impossible to determine the percentage of Gazelle overload without passengers in this way, even for the most experienced employees. The only moment that a violation can give out is curved springs, which inevitably deform under the weight of the transported materials. If you consider yourself an experienced driver, you should know that there are special traffic police weighing points that are installed right on the roads. If you suspect that the car is overloaded, the traffic police inspector has the right to ask you to enter the control scales. If the suspicions are confirmed, a protocol of violation of traffic rules is immediately drawn up.

Discrepancies between the actual weight and that indicated in the accompanying documents in 2016 are punished as follows:

The driver receives a fine of 5,000 rubles.
The person responsible for preparing the accompanying documents for the car will pay from 10,000 to 15,000 rubles.
The transport company, which, in fact, sent the transport on a flight, will pay from 250,000 to 400,000 rubles.

If you sum up all these fines, then a violation of the established norms in 2016 can cost a fortune. If, nevertheless, there is a need to transport heavy cargo without passengers over a long distance, then it makes sense to visit Avtodor and try to get an appropriate decision. And don't let the paperwork scare you. In this case, it will definitely not be superfluous. Avtodor can completely legalize your dangerous and heavy cargo. The route, weight, contents, etc. will be taken into account. Having spent a little time on issuing a permit, you can safely set off on a journey with peace of mind, and not think about what fine you will have to pay.

Damage billing

In 2016, the Code of Administrative Offenses determines the amount of the fine for an overloaded car based on the condition of the local Federal road. The main indicator is the damage from a truck on a road section of 100 km. It is not at all difficult to calculate the damage from a particular percentage of overload:

overload 2 -10% - 925 rubles;
overload 10-20% - 1120 rubles;
overload 20-30% - 2000 rubles;
overload 30-40% - 3125 rubles;
overload 40-50% - 4105 rubles;
overload 50-60% - 5215 rubles.

Official data says that the damage from an overloaded truck in the Far East and Central regions is much higher than in the Volga and South regions. Based on this, penalties in the first two regions are much higher. Among other things, the law makes it possible to calculate what fine the driver will pay with an overload on the axle, depending on weather conditions. For example, in the Rostov region, a decree was issued that is designed to increase the base rates of damage that was caused in the summer, when the asphalt softens significantly. Since October, these rates are not valid.

Overloading a truck in violation of a traffic sign

Road sign number 3.12 means that the axle load must be limited. Gross violation of this warning is also fraught with consequences. If you know that the load is exceeded, then further movement along the highway, which has such a sign, means a violation of traffic rules, and this is an inevitable meeting with traffic police, fines and explanations. In this case, ignoring the sign will cost you from 2000 to 2500 rubles. And the punishment doesn't stop there. Traffic police officers have every right to take your car to the penalty area until you eliminate the overload. It's time and money. You can avoid such consequences with the help of the same Avtodor, or rather, official permission for a certain axle load. It makes sense to spend a little time getting it.

The struggle of legislators for the reloading of trucks (tonar, kamaz, volvo, scania, man, gazelle, on axles ...) on the roads originates from the effective solution of the problems of reloading wagons in railway transport. Only in 2014, 3 laws were adopted that changed the rules for the passage of heavy vehicles.

Fines for overloading freight transport in 2020

Background

It was there that the issue of controlling the overload of freight transport along the axes was worked out and, of course, the practice of collecting huge fines associated with damage to the road infrastructure (bed) of the Russian Federation was developed. It is estimated that about 20% of freight vehicles move with overloaded cargo, causing damage to the roadway.

The overload of the car is determined by the load on each axle: rear plus front. The total is the load of the weight of the car, transmitted through the wheels to the roadbed. Often the rear axle of a car carries more of the load than the front axle.

In most cases, permits for reloading are not issued. Accordingly, the damage caused to roads is not compensated. At the same time, drivers often do not know about overloading, since consignors indicate underestimated data on the consignment note.

Statistics have confirmed the effectiveness of the introduction of penalties for overload

From 100,000 to 200,000 violations of weight and size standards for trucks are recorded monthly, which leads to billions in damage to the state and taxpayers. In particular, in 2018, more than 20 bridges were damaged by demolition trucks on federal highways. The restoration of each of these objects will take 1.5-2 years.

Since the penalty for overloading was introduced, the number of violations of traffic rules has decreased by 2.5 times. If things go on like this, then at such a pace, then over time, overload on the roads may become a rare occurrence, and their quality will improve significantly.

What served to reduce such offenses, as well as:

Reduced the likelihood of accidents because lengthening the stopping distance leads to an accident. It should be noted that the braking distance is lengthened by the inertia of the load and creates a high probability for the car to skid, which is inevitable in rainy weather and ice. And if the load is not secured, then there is a danger of tipping over and then other road users will suffer.
Extended the life of roads, especially in terms of increasing the life of the road before the formation of a rut. The problem of rutting has aggravated in recent years due to the rapid increase in traffic intensity, as well as abnormal temperatures in the summer.
Overloading leads to increased wear of parts and components of vehicles, as well as increases fuel and oil consumption.

You can deal with the problem yourself by reading the article to the end to find out how much the Penalty for overload, or use the services of our company.

What is the penalty for overloading in 2019

In case of an overload of more than 2% and not more than 10% on each of the axles and in general

Vehicle driver (individual) from 1,000.00 to 1,500.00 rubles. (without disqualification).
Official (responsible) person from 10,000.00 to 15,000.00 rubles.
Legal entity from 100,000.00 to 150,000.00 rubles.
In the case of automatic fixation in the amount of 150,000.00 rubles.

In the case of more than 10% and not more than 20% for each of the axles and in general

Vehicle driver (individual) from 3,000.00 to 4,000.00 rubles. (without disqualification).
Official (responsible) person from 25,000.00 to 30,000.00 rubles.
Legal entity from 250,000.00 to 300,000.00 rubles.
In the case of automatic fixation in the amount of 300,000.00 rubles.

In the case of more than 20% and not more than 50% for each of the axles and in general

Vehicle driver (individual) from 5,000.00 to 10,000.00 rubles, as well as deprivation of rights from 2 to 4 months.
Official (responsible) person from 35,000.00 to 40,000.00 rubles.
Legal entity from 350,000.00 to 400,000.00 rubles.
In the case of automatic fixation in the amount of 400,000.00 rubles.

In the case of more than 50% on each of the axles and in general

Vehicle driver (individual) from 7,000.00 to 10,000.00 rubles, as well as deprivation of rights from 4 to 6 months.
Official (responsible) person from 45,000.00 to 50,000.00 rubles.
Legal entity from 400,000.00 to 500,000.00 rubles.
In the case of automatic fixation in the amount of 500,000.00 rubles.

The practice of our clients shows, it is necessary to advise drivers on what and how to say, where to sign, and where to put it does not agree. This will not only avoid fines for the company, but the driver will also avoid deprivation of rights. If the driver was involved more than 2 times under the article of the Code of Administrative Offenses of the Russian Federation in terms of overload, the court decision for the third time will be associated with deprivation of rights from 6 months. Such decisions are difficult to challenge on appeal, and even more so in cassation.

In some regions of Russia, there are additional restrictions on reloading for the summer period, as a rule, it begins to operate from the end of May to mid-August.

If the traffic route passes through the regions of the Russian Federation, study the entire route, additional changes and restrictions are possible. The amount is set depending on the severity of violations, and remember! - it is necessary to eliminate an administrative offense in any case, and punishment cannot be avoided.

Car weighing procedure

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

The weight of the car is determined exclusively on special equipment, namely the VA-20P scales, corresponding to GOST-R 53228-2009.
The measurement results should not have an error exceeding plus or minus 20 kg.
The procedure itself must be carried out in accordance with Federal Law No. 102 "On observance of the uniformity of measurements" and Order of the Ministry of Internal Affairs No. 1014 "List of verification tools".

How many weighing attempts

If during dynamic weighing the mass of the car turned out to be outweighed, the truck is stopped and sent to a stationary post for re-weighing.

During the control weighing, the driver must make sure that all officials have permission and certificates for this, and that the equipment is in good condition.

What should be the weight per axle?

if the car has two axles - 18 tons.
if three axles - 25 t.
Vehicle with four axles - 32 t.
five-axle - 35 t.

The memo to the driver sets the weight limits for the mass per axle with a single arrangement of them with a distance between them of 2.5 meters or more - from 5.5 to 11.5 tons. Read more about weight at the end of the article!

What law states

Legislative framework regulating the transshipment of trucks (having figured it out, "wipe your nose to any traffic inspector")

Federal Law No. 257 of 08.11.2007 legislated such concepts as: overload of freight transport, permissible weight, axle load, permissible axle load, highway, road users, indivisible cargo, etc.
Decree of the Government of the Russian Federation No. 934 dated November 16, 2009 determining the amount of damage and the rules for compensation for damage.
Federal Law No. 127 of July 24, 1998 “On Control over International Road Transport and on Liability for Violation of this Procedure”.
Code of the Russian Federation "On Administrative Offenses" art. 12.21 "Violation of the rules for the carriage of goods, the rules for towing."
By order of the Ministry of Transport of the Russian Federation dated 08.08.1995 No. 73, he determined the list of dangerous goods and the rules for their transportation.
Decree of the Government of the Russian Federation of April 15, 2011 No. 272. Annex 2 makes no distinction between single or dual wheels.
Decree of the Government of the Russian Federation of January 9, 2014 No. 12, entered into force on January 1, 2015.

Population codifier for cities and towns.

Requirements for the transportation of goods in the Russian Federation

General requirements for the carriage of goods are defined in Sec. 23 of the Rules of the road. Thus, clause 23.1 of the Rules stipulates that the mass of the transported cargo and the distribution of the load along the axles should not exceed the values established by the manufacturer for this vehicle.

When determining the values of the relevant parameters, one should proceed from the characteristics of the vehicle, determined by the manufacturer, indicating:

carrying capacity - the maximum allowable weight of the transported cargo
a) for a passenger car, the number of seats and the weight of the cargo carried, depending on the number of passengers carried;
b) for a bus - nominal and maximum capacity;
curb and authorized maximum weight of the vehicle;
distribution of the curb and permitted maximum masses along the axes.

One of the most important indicators of the technical characteristics of a vehicle is the value of the axle load, i.e. load on the road, transmitted by the wheels of a single, most loaded axle. This indicator is related both to the mass of the transported cargo and to the distribution of the payload on the vehicle.

Paragraph 23.2 of the Rules obliges the driver to control the placement, fastening and condition of the load before starting and during the movement in order to avoid it falling and interfering with the movement. The conditions under which the carriage of goods is allowed are also listed (clause 23.3 of the Rules).

Transportation of bulky, heavy and dangerous goods is carried out in accordance with special rules, liability for violation of which is provided for in Art. Art. 12.21.1 and 12.21.2 of the Administrative Code of the Russian Federation.

The concepts of heavy and oversized vehicles

disclosed in Art. 3 of the Federal Law "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation", in which they were included by the Federal Law of July 13, 2015 No. 248-FZ.

A heavy vehicle means a vehicle whose mass, with or without cargo, and (or) the axle load of which exceeds the permissible vehicle weight and (or) the permissible axle load, which are established by the Government of the Russian Federation.

An oversized vehicle is a vehicle whose dimensions, with or without cargo, exceed the allowable dimensions established by the Government of the Russian Federation.

Powers and deadlines for the issuance and consideration

Protocols on these administrative offenses are drawn up by officials of the internal affairs bodies (part 1 of article 28.3 of the Code of Administrative Offenses of the Russian Federation).

Cases of administrative offenses are considered by the head of the state traffic safety inspectorate, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy, employees of the state safety inspectorate.

Decrees on cases of these administrative offenses cannot be issued after 2 (two) months from the day the offense was committed.
happy day of these offenses should be considered the day of their detection (suppression) by an authorized official.
Place of commission commented offenses is determined by the place of their discovery by an authorized official.

How to avoid liability for overload

The solution was found a long time ago and it’s not a secret for anyone, we won’t describe it, watch the video, there are all the answers in the first minutes.

Our legal center deals with issues of fines and liability, if you have any difficulties, please contact us, we will help to resolve 8 495 532 54 57

How to avoid paying a fine from the company

To do this, it is necessary to prove that the employee acted for personal purposes, using a car without the knowledge of the company's management or Individual entrepreneurs are not a legal entity by law, so the fine must be issued as a responsible person, which is much less than a fine for a legal entity.

You also need to remember that currently the movement of a heavy vehicle exceeding the permissible mass of the vehicle or the permissible axle load of the vehicle by no more than 2% without special permission is not administratively punishable.

Administrative responsibility does not arise even in the case when the weight parameters of the vehicle specified in the special permit are exceeded by no more than 2%.

Double fine payment

If you have received a decision to pay a fine under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, but you did not appeal the decision and did not pay the fine within the period established by law, the inspector of the UGADN or the traffic police may issue a double fine on the basis of Part 1 of Art. 20.25 Administrative Code of the Russian Federation. Therefore, be careful, contact us immediately after receiving the determination (notice) about calling you to draw up a protocol on an administrative offense under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation.

What is the minimum fine by the court, how much can be reduced

Clause 2.2 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation allows the court to reduce the imposed fine below the lower limit (half of the minimum amount).

Jurisdiction of administrative cases on overload

According to Art. 22 of the Civil Procedure Code of the Russian Federation, part 2 of Art. 23.1 Administrative Code of the Russian Federation, cases of administrative offenses under Art. 12.21.1 of the Code of Administrative Offenses, are considered by courts of general jurisdiction. At present, judicial practice in such cases can already be considered formed. The vast majority of claims against carriers and shippers are satisfied by the courts in full. An appeal against such decisions does not lead to their cancellation.

At the same time, it is important to understand that argues for a disgusting road, lack of signs, etc. are in no way connected with the overload and have no prospects in court in case of challenging the administrative fine for overload.

Regarding giving a bribe to an official for overloading

(payment scheme for the route of traffic with overload)

On April 20, 2016, an individual was convicted of committing crimes under Part 3 of Art. 290, part 3 of Art. 290, paragraph "c" part 5 of Art. 290 of the Criminal Code of the Russian Federation, with the imposition of penalties: for hours. 3 Article. 290 of the Criminal Code of the Russian Federation for each of the two crimes in the form of imprisonment with the application of Art. 64 of the Criminal Code of the Russian Federation for a period of 2 years, with a fine in the amount of thirty times the amount of the bribe in the amount of 2.100.000 rubles, with the application of Part 3 of Art. 47 of the Criminal Code of the Russian Federation, with deprivation of the right to hold positions in the civil service in the system of law enforcement agencies of the Russian Federation, related to the exercise of the functions of a representative of power, for a period of 2 years with deprivation on the basis of Art. 48 of the Criminal Code of the Russian Federation of the special rank "senior police lieutenant", and according to paragraph "c" part 5 of Art. 290 of the Criminal Code of the Russian Federation in the form of imprisonment with the application of Art. 64 of the Criminal Code of the Russian Federation for a period of 4 years, with a fine in the amount of thirty times the amount of a bribe in the amount of 13,725,000 rubles, with deprivation for a period of 2 years and 6 months of the right to hold positions in the civil service in the system of law enforcement agencies of the Russian Federation related to the exercise of the functions of a representative of power , with deprivation on the basis of Art. 48 of the Criminal Code of the Russian Federation of the special rank "senior police lieutenant"; on the basis of hours 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation, for the totality of crimes, by partial addition of the imposed punishments, K. was finally sentenced to imprisonment for a term of 5 (five) years, with his serving in a penal colony of strict regime, with a fine of 15,000,000 rubles, with deprivation of the right to hold positions in the civil service in the system of law enforcement agencies of the Russian Federation, related to the implementation of the functions of a representative of power, for a period of 3 years, with the deprivation of the special rank of "senior police lieutenant".

An individual was found guilty by the said verdict of taking a bribe twice, i.e. receipt by an official personally of a bribe in the form of money, in a significant amount, for committing illegal actions in favor of the bribe giver and, by virtue of his official position, facilitating such actions, and also found guilty of taking a bribe, i.e. receipt by an official personally of a bribe in the form of money on a large scale for committing illegal actions in favor of the persons represented by the bribe-giver and facilitating such actions by virtue of his official position.

Who gave a bribe

Convicted each for committing crimes under Part 3 of Art. 291, p. p. "a, b" part 4 of Art. 291 of the Criminal Code of the Russian Federation, with the appointment of penalties for each: for hours. 3 Article. 291 of the Criminal Code of the Russian Federation in the form of imprisonment for a term of 2 years, with a fine using Art. 64 of the Criminal Code of the Russian Federation in the amount of ten times the amount of a bribe in the amount of 700,000 rubles, and according to paragraphs “a, b” part 4 of Art. 291 of the Criminal Code of the Russian Federation in the form of imprisonment, with the application of Art. 64 of the Criminal Code of the Russian Federation, for a period of 3 years, with a fine in the amount of twenty times the amount of the bribe in the amount of 9,150,000 rubles; on the basis of hours 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation on the totality of crimes, by partial addition of the imposed punishments, F ... and R ..., each was finally sentenced to imprisonment for a term of 4 years, with his serving in a penal colony of general regime, with a fine of 9.500.000 rubles .

The crimes were committed in 2014 in the city of Moscow under the circumstances detailed in the verdict. At the same time, the average amount of a bribe that a Moscow official receives from business representatives in 2016 increased two and a half times compared to 2015. In 2015, the police recorded a similar double increase compared to 2014 levels. Against the backdrop of falling real incomes of citizens, such an increase in the well-being of corrupt officials is especially impressive, which will be even more impressive by the end of 2017.

The convicts were taken into custody in the courtroom, the verdict resolved the issues of calculating the terms of punishment and material evidence in the case. The appeal and cassation left this decision in force.

Additional penalties for overload

1 . There is also a fine for violation of the paperwork, which is an incorrect indication of the weight of the cargo. The difference between the weight according to the documents and the weight determined by the weights at the site of the administrative violation (distortion).

Vehicle driver RUB 5,000.00
Individual entrepreneur from 10,000.00 to 15,000.00 rubles.
Legal entity from 250,000.00 to 400,000.00 rubles.

2 . Fine for non-compliance with traffic signs. If there are restriction signs on the route.

Vehicle driver from 2,000.00 to 2,500.00 rubles.

3 . Litigation on the infliction of property damage caused by vehicles carrying heavy loads on the roads of the Russian Federation ”established the procedure for compensation for damage (Government Decree No. 934 of November 16, 2009).

According to Part 1 of Art. 1079 of the Civil Code of the Russian Federation - the obligation to compensate for harm is imposed on a legal entity or citizen who owns a source of increased danger on the basis of ownership, the right of economic management or the right of operational management, or on another legal basis (on the right to rent, by proxy for the right to drive a vehicle, by virtue of the order of the relevant authority to transfer to it a source of increased danger, etc.). In Tyumen, there is a similar unpleasant practice, according to a court decision dated February 3, 2014 in case No. public roads of federal importance in the amount of 207,106 rubles. 30 kop., court costs in the amount of 1628 RUB. 76 kopecks, total 208735 rubles. 06 kop.

Rules for the transportation of oversized cargo

Rules of the road (abbreviated SDA) in clause 23.4. state - “If the load on the vehicle protrudes more than 1 meter at the rear or 40 centimeters on the sides, it must be indicated by signs“ oversized cargo ”in the daytime. At night, it is required to additionally install white reflectors or a lantern in front, and equip the load with red reflectors at the back.

But in addition to the traffic rules in the Code of Administrative Offenses, part 2, the following amendment is indicated:

"Transportation of goods that exceed the dimensions entered in the special permit, more than 10 centimeters - entails a fine from 1,500 to 400,000 rubles."

Freight transport overload

Legislatively, overload or non-compliance with dimensions (exceeding) is administratively punishable, liability from a fine to deprivation of a driver's license.

In the "real life" the mass of the car is transferred to the roadway by the wheels of each of the axles and there are two types of axle load:

1. Permissible load on the axle of the transport defined by the manufacturer.
2. Restriction of the load on the axle fixed by law.

The load on the axles of the transport in the sum is the permissible load as provided by the manufacturer and require legal restrictions.

According to the classification, freight vehicles are divided into two types:

1. cars of group A (they are allowed to be used only on the tracks of the first, second and third categories);
2. cars of group B (their operation is allowed on roads of any category).

Permissible axle load for cars of group A ranges from 10 to 6 tons (depending on the distance between the axles). For auto group B, the load can be from 6 to four and a half tons.

According to GOST R 52051-2003, the categories of vehicles intended for the carriage of goods received the following names in Russia: N1 - low-tonnage (up to 3.5 tons), N2 - medium-tonnage (more than 3.5 - up to 12 tons) and N3 - heavy-duty vehicles (over 12 tons).

More about the permissible axle load of groups A and B

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

Annex 1- the mass of a single vehicle (meaning, without a trailer), with static weighing, should not exceed:

18 tons for a 2-axle vehicle;
25 tons for 3-axle;
32 tons for 4-axle;
35 tons for 5 axles.

Annex 2- the permissible loads on the axles of the vehicle are indicated, with dynamic weighing.

For single vehicles, with a distance between axles of 2.5 meters, the axle load must not exceed:

6 tons for a road designed for 6 tons;
10 tons for a road designed for 10 tons.

Reference: In European countries, higher loads are set on transport corridors (in Poland and Germany, for example, the permitted weight of road trains is up to 40 tons, and in Slovakia - 44 tons).

How and where to obtain a permit (pass) for the transportation of heavy and oversized cargo

For example, in Moscow, the issuance of special permits for the transport of heavy and (or) bulky cargo along the city’s street and road network is carried out by the Department of Housing and Communal Services and Improvement of the City of Moscow in the “one-stop shop” mode (see the Regulations for the preparation and issuance of special permits for the transport of heavy and (or) large-sized cargoes along the street and road network of the city of Moscow, approved by Decree of the Government of Moscow dated August 24, 2010 No. 735-PP).

The issues of organizing the movement of vehicles carrying oversized and heavy cargo, as well as the requirements for the technical condition, equipment of vehicles and the designation of cargo are set out in the Instructions for the transportation of oversized and heavy cargo by road on the roads of the Russian Federation, approved. Order of the Ministry of Transport of Russia dated May 27, 1996 No.

Often, for various reasons, the organizers of cargo transportation load cars in excess of the established norms. For such actions, unscrupulous carriers will face administrative punishment.

What is car overload

Employees of the State Automobile Inspectorate monitor compliance with the requirements for the permissible weight and degree of load on the axles of heavy vehicles moving on roads. The control of vehicles intended for the transportation of large loads is carried out in accordance with Federal Law No. 257 and Government Decree No. 272.

The following parameters are indicated in the named normative legal acts:

The maximum values of the load on the axles of cars;

Permissible weight of the car;

Permissible overload size;

The order of transportation of goods exceeding the established norms.

Vehicle overload is a phenomenon in which the mass of a vehicle with or without a load exceeds the permissible load on the rear or front axle by 2% or more.

Axial load - the pressure exerted by the axles of the vehicle on the roadway.

When checking a truck for overload, the following indicators are taken into account:

Permissible weight;

The permissible mass of a particular vehicle is a characteristic that is set by its manufacturer and indicated in the TCP. It consists of the mass of the cargo and the machine.

For example, the PTS indicates the permissible mass of the machine, equal to 25t. At the same time, the weight of the car is 9 tons. In order to calculate the permissible weight of the cargo, it is necessary to subtract the weight of the vehicle from the permitted mass. Thus, no more than 16 tons can be loaded into the indicated car (25 - 9 = 16).

The maximum permissible mass of some vehicles is enshrined in Decree of the Government of the Russian Federation No. 272.

Permissible vehicle weights

The second indicator that the authorities control is the load on the axles of vehicles.

The permissible axle load is calculated individually for each vehicle. Its value is influenced by the following characteristics:

Number of axles;

Machine weight;

Distance between axes;

Wheel type.

The term "overload" does not apply to vehicles on the balance sheet of the Armed Forces of the Russian Federation.

Car weight calculation

The mass of a loaded vehicle is calculated by adding the load on each of its axles. In order to calculate the mass of a loaded car with a trailer, you should adhere to the following algorithm of actions:

Find out the mass of the car and trailer from the TCP;

Find out the exact weight of the cargo;

In most cases, the load in the tractor + trailer combination is distributed as follows: 25% / 75%. The weight of a trailer with a load is determined by the formula: (weight of the trailer + weight of the load) * 0.75;

To calculate the load on each axle of the trailer, it is necessary to divide the mass of the trailer with the load by the number of its axles;

The next step is to determine the mass of the tractor. The calculation is carried out according to the formula: vehicle mass + (trailer weight with load * 0.25);

The load between the rear and front axles of the tractor is distributed in the ratio of 25% / 75%, respectively. In order to determine the load on the rear axle of the machine, you need to use the formula: tractor weight * 0.75;

To determine the load on the front axle of the tractor, it is necessary to subtract the load on its rear axle from the mass of the machine.

Table of allowable loads

All wheeled vehicles are divided into 2 groups:

A - can only move on roads of 1-3 categories;

B - traffic is allowed on any roads of the Russian Federation.

Highways;

Expressways with more than 4 traffic lanes;

Other roads, exceptions: 2 lanes >3m wide and 1 lane roads less than 4.5m wide.

The amount of the fine for overloading the car

The penalty for overload is assigned in accordance with Art. 12.21.1.2 and 12.21.2 of the Administrative Code of the Russian Federation. The amount of the penalty is 1,000-500,000 rubles and depends on who the penalty is for: an individual, legal entity or other official.

When stopping the vehicle, the load on the axles of which exceeds the established norms, a fine is imposed on the driver, as well as on the official or legal entity responsible for transporting the cargo.

Penalties imposed on the carrier of goods:

In accordance with the note to Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, when an individual entrepreneur acting as a carrier commits an offense under Article 12.21 of the Code of Administrative Offenses of the Russian Federation, he is sentenced to a punishment identical to a legal entity, and not to an individual.

Also, the penalty can be applied to the consignor. The amount of the fine in this case will be:

80,000-100,000 rubles for individual entrepreneurs;

250,000-400,000 rubles for a legal entity.

If the overload is fixed by an automatic measuring device, then the maximum possible punishment for the legal entity will be imposed. Regardless of who allowed the excess load on the axles of the car.

In front of most bridges, a road sign 3.12 is installed, which limits the maximum allowable load on the axles of the machine for driving along the designated section of the road. If the axle load is greater than the permitted value, the driver must continue driving in a different direction. Failure to comply with this requirement threatens the motorist with a monetary penalty in the amount of 2000-2500 rubles.

The concept of "overload" is applicable to buses. For them, the norms are determined based not on axle loads, but on the number of passengers present in the cabin.

What about passenger cars?

In the Code of Administrative Offenses of the Russian Federation, the term "overload" is used only in relation to freight vehicles. Axle loads do not apply to passenger cars. Despite this, the traffic police inspector may impose an administrative penalty on the driver of a passenger car for the following actions:

Violation of the rules for the transportation of goods;

Improper transportation of people.

The penalty for reloading by passengers is 500-1000 rubles.

GAZelle cars are classified as passenger vehicles, however, they are subject to the rules corresponding to Art. 12.21 of the Code of Administrative Offenses of the Russian Federation.

The received fine must be paid within 70 days from the date of its receipt (10 days for appeal + 60 for payment). Individuals can save 50% of the designated amount upon receipt of money to the traffic police account no later than 20 days from the date of the protocol.

How can I transport goods that exceed the allowable rate

According to No. 257-FZ of 08.11.2007, a truck whose axle load exceeds the permitted value by 2% or more must receive an official permit for overload. This document states:

The route of the car;

Type of transportation (regional, international, etc.);

Vehicle data (make, number, model);

Period of validity of the permit;

Weight and size of the vehicle and cargo;

Information about the owner of the vehicle;

Data about the consignee and its sender;

Characteristics and description of the cargo;

The authority that issued the permit.

If these conditions are not met, the driver and other responsible persons are subject to administrative punishment under Art. 12.21 of the Code of Administrative Offenses of the Russian Federation.

How and where are cars checked for overload

The mass of the car, as well as the load on its axles, is measured at specialized stationary or mobile stations using scales and other control and measuring devices.

The determination of the actual axle load and the total mass of the vehicle can be done in 2 ways:

Dynamic - with this method, the car slowly passes through the scales;

Statistical - the car is motionless on the platform of the scales.

Mobile weight control stations must be equipped with equipment that has a certificate of conformity. The most common model of scales at mobile posts is VA20-P. The certificate of the traffic police inspector carrying out the measurement must have an appropriate permit entry.

In 2018, many places use automatic measuring devices installed on certain sections of the road. To determine the mass of the machine and the load on the axles, such devices do not need to go to specialized posts, since the measurements are taken automatically while driving. This measure is designed to save the time of drivers and traffic police officers.

Possible consequences of overloading the vehicle

The norms regulating the maximum permissible values of loads on the axles of cars have been introduced to ensure traffic safety and the safety of the roadway.

Consequences of driving vehicles with increased axle load:

Damage to roads;

Danger when driving on bridges or other dilapidated structures;

Rapid wear of vehicle parts;

Increased likelihood of vehicle skidding and loss of control over it.

The risk of skidding the machine increases in adverse weather conditions. This is caused by the inertia force of a heavy load and, as a result, an increase in the braking distance. If the load is not properly secured in an overloaded vehicle, the likelihood of the vehicle tipping over increases.

Russian trunk roads, not to mention urban ones, often do not stand up to scrutiny. It is believed that overloaded vehicles have the main destructive effect. There are a lot of cars of various carrying capacity on the roads. When the maximum permissible loads on the roadway are exceeded, the roads are destroyed. Money is needed to restore the road. Therefore, the penalty for overloading is doubled.

According to the new version of the SDA and the Code of Administrative Offenses, the amount of damage that overloaded vehicles cause to roads has begun to be assessed more strictly.

For transportation, small-tonnage Gazelles are often used. The punishment for them is also increased. This is despite the fact that their permitted weight does not exceed the norm for the load not only on the highway, but also on any city road.

Roads are also destroyed because of their poor quality. The leadership of some regions of the Russian Federation are trying to bring to justice the builders and repairmen who are in charge of the roads. If the roadway does not withstand the terms of operation provided for by law, the court punishes them.

Road Requirements

When receiving large fines for overloading, in some cases it is not worth paying them right away. There are times when the law allows you to reduce liability and, when applying to the court, put forward a counterclaim.

The road on which the excess was recorded does not meet the regulatory requirements for the load (GOST 52748-2007).
During the construction of the road, the rules "Automobile roads" SP 34.1330.2012 were violated.
"Road clothes" does not meet the requirements of SNiP 2.05.02-85.

Poor quality “Roadwear” often leads to breakdowns of such popular city trucks and cars as Gazelles. "Road clothes" is a term from SNiP. It implies that the road must withstand the standard vertical, short-term load without destroying the roadway.

The rules for the transportation of goods on the territory of the Russian Federation are given in government decree No. 272. According to the tables given in the "Rules", you can determine the weight of the cargo that can be transported without violating traffic rules and without receiving a fine for overloading.

Annex 1- the mass of a single vehicle (meaning, without a trailer), with static weighing, should not exceed:

18 tons for a 2-axle vehicle;
25 tons for 3-axle;
32 tons for 4-axle;
35 tons for 5 axles.

Annex 2- the permissible loads on the axles of the vehicle are indicated, with dynamic weighing.

For single vehicles, with a distance between axles of 2.5 meters, the axle load must not exceed:

6 tons for a road designed for 6 tons;
10 tons for a road designed for 10 tons.

Popular Gazelles, depending on the modification, have a distance between the axles from 2.9 to 3.5 meters.

The law allows setting a vehicle overload on private roads that differs from the norms of Decree No. 272. To do this, appropriate road signs are installed on the road, information on the permissible axle load of the vehicle must be posted on the official website of the road.

The traffic police determines the overload

On the roads, traffic police inspectors determine the weight of the cargo in three ways:

Checking the accompanying documentation for the cargo.
At a stationary weighing point.
At a point equipped with dynamic weighing equipment.

Static weighing: the car enters the scales, the inspector registers the total mass of the vehicle. Often, gazelles passing along intercity highways are checked in this way.

Dynamic weighing: the car passes through the weighing area at a speed not exceeding 5 km/h. The new method is used on Federal Highways.

The devices determine the actual mass of the vehicle and the load on each of the axles. If the allowed values are exceeded, a protocol is automatically issued. The measurement error, with properly installed equipment, is low.

When the requirements for operation are violated, the error can reach 3%. The driver considers the measurement results to be too high - this fact must be indicated in the protocol. Then the liability in the form of a fine will be reduced. This is especially important when the fine for legal entities reaches half a million.

Damage billing

The Code of Administrative Offenses imposes a fine for overloading, taking into account the local conditions of the Federal Highway. The damage caused to a 100 km section of the road is taken as the baseline. When the truck overload is:

2-10%, damage = 925 rubles.
10-20% damage=1120.
20-30% damage=2000.
30-40% damage=3125.
40-50% damage=4105.
50-60% damage=5215.

According to official information, the damage caused by overloaded vehicles in the Central and Far Eastern regions is approximately 3 times higher than in the Southern and Volga regions. Accordingly, the penalty for overloading there will also be higher.

The law allows you to calculate the damage from the passage of cars in excess of the permitted axle load, depending on weather conditions. The government of the Rostov region recently issued a decree proposing to increase the base rates of damage caused by overloaded vehicles in the summer, when the asphalt surface softens.

Farmers, owners of Gazelle 33023, should not be afraid of an increase in the fine in hot weather, the total mass of the car is unlikely to exceed the standard so much as to leave a noticeable mark on the road.

Punishment from the Code of Administrative Offenses

The Code of Administrative Offenses imposes a penalty for exceeding the permitted weight of the vehicle or for increasing the axle load in excess of the data specified in the technical documentation for the vehicle. Article 12.21.1 determines the amount of the fine for the carriage of goods in excess of the norm. It is different for a driver, an employee who draws up documents for transportation, for an organization (legal entity). For overload, the penalty is assigned depending on the percentage of exceeding the standard:

The law gives drivers the opportunity to replace fines for overloading with deprivation of rights for a period of 2-4 months (clause 3), 4-6 months (clause 6). Responsibility for the carriage of goods under a special permit is defined in clauses 4.5. The Code of Administrative Offenses also paid attention to individual entrepreneurs. They can receive a fine from 80 to 100 thousand (clause 10).

How is overload calculated?

Before concluding a contract for transportation, it is necessary to find out what kind of cargo can be transferred. Starting from an excess of 2%, an overload penalty will have to be paid. The cargo is transported along the route, where there are weighing points. It doesn't matter if it's stationary or dynamic. The principle of calculation is the same for any type of weighing. Let's make it on the example of Gazelle-Business.

From the technical documentation we get:

Permitted weight = 3.5 tons.
Equipped = 1.79 tons.
Gross weight = 3.5 is taken as 100%.

Weight measured at a stationary point = 3.6. Weight difference = 100 kg. Overload percentage = (0.1 tons * 100%) / 3.5 tons ≈ 2.8% Let's look at the penalty the law provides for an overload of 2.8%. We subtract the weight of the cargo from the total mass and evaluate whether the order will bring profit or loss.

The calculation of the maximum axle load is carried out in a similar way. Then the calculation results for each of the axes are added up. At weighing points, the measurement accuracy can be ≈ 3%. Therefore, the difference between the authorized and curb weight (cargo weight) must be increased by 3%. We determine which way the goods need to be transported. Now you can sign the contract.