Overlause by road. Overview of the truck: the size of fines and consequences. Requirements for the transport of goods in the Russian Federation

What fines are provided for overload passenger carsmobile? For overload by passengers or cargo, for overloading the trailer. Current fines in this article from the specialists of the site "Pottands".

Fine for overload a passenger car Passengers: 500 rubles - for violation of the rules of transportation of people, Article 12.23, 1000 rubles from the driver for an unused passenger, Article 12.6, 500 rubles - from a passenger 12.29 Part 1.

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Penalty for overvaging cars by cargo: Warning or fine 500 rubles, Article 12.21

Table of fines for overview truck

What fines are provided for overvaging the passenger car

Overview of the passenger car - not strictly regulated violation. Those. not articles KoPwhich determines the punishment depending on the severity of the violation. So the practice of measuring the mass of a passenger car is a very rare, almost non-existent phenomenon. Inspectors almost never measure the loaded mass of cars. However, most cases of overload of a passenger car are connected with the carriage of passengers for which it is not provided passenger seats. In this case, the penalty will follow the violation of the rules of carriage and for the unused belt, since it will not be for an additional passenger extra belt security.

So, for overlooking the car by passengers, it is fined for the articles:

Article 12.23. Violation of the rules of transportation of people - 500 rubles per driver,

Article 12.6. Violation of the rules for the use of seat belts or motorbers - 1000 rubles per driver,

Article 12.29. Violation of rules road A pedestrian or other person involved in the process of the road - 500 rubles per passenger.

Thus, in the case of overloading a car due to an additional passenger (a fine for overlooking the passenger), they are fined both the driver and the passenger. The final amount of fines can reach two thousand rubles.

Punishment for car overload by car:

Article 12.21. Violation of the rules for transportation of goods, tug rules - 500 rubles or a warning.

What types of overload are

Depending on how the car is overloaded, several types of overloads can be distinguished.

• Overlap by car passengers. This is the most common case. The driver takes an extra passenger, the maximum allowable mass of the car increases. Fraught with loss of management on the highway, car wear, big fuel consumption and fines for overload passengers.
• Overlap by car loads. The driver uses transport in commercial or other purposes. It is fraught with loss of control on the road, car wear. As a rule, inspectors rarely pay attention to such cars, because the overload is not so simple.
• Over the trailer. Another option of overload that can happen during the operation of the vehicle. The driver overloads the trailer, which is due to the maximum allowable weight on the axis, which entails the loss of maneuverability, controllability. In addition, if the overload is very large, do not forget that you can earn a fine, passing a sign that sets the maximum allowable mass of the car.

Overlap by cargo

The most common question of the driver who uses his car when moving, transportation of goods: "Do I overload my car to excessive cargo?". And of course, the driver is interested in whether there is a fine for overload.

For overvolving the car, the cargo is fined under Article 12.21 of the Administrative Code, the penalty will be 500 rubles or a warning.

Article 12.21. Violation of the rules for transportation of goods, tug rules

1. Violation of the rules of transportation of goods, as well as the rules of towing -

warning entails a warning or imposition of an administrative fine in the amount of five hundred rubles.

Also overload threatens:

• Car wear - first of all the suspension is wearing,
• Increased flow fuel
• Loss of management - if you overload, for example, a car roof of the car, the center of gravity is shifting, which means the machine will have other input parameters in turn. Do not take into account them, it means to fly off the route.

Overload passengers

Overlap by passengers in practice means that the driver put into the car of passengers, for which there is no place. In this case, the passenger drives an unsuccessful belt, so the driver will be fined for an unsuccessful belt, for violating the rules of transportation of people. At the same time, the penalty is waiting for both the driver and the passenger.

The total amount of fines will be 2 thousand rubles, paying fines with a discount.

Over the trailer

For overvolutions, the trailer is punished similarly to the car overload. The penalty will be 500 rubles or a warning.

IMPORTANT: if the trailer is large and heavy, they will be punished for overload cargo transportIn this case, the punishment is essentially stricter.

By whom and under what circumstances a penalty of overload is issued

The overload penalty displays the traffic police inspector after checking the mass of the equipped car. If the overload fixed the camera when driving through the measuring device, the fine will come by mail. You can check the penalty on our website by entering the car data on the traffic police site or other services.

How and where can I pay a fine?

Penalty can be paid:

• At the bank's office, presenting a receipt for payment,
• On the traffic police website, checking the penalty and entering the payment data,
• On the Public Services portal,
• IN mobile application bank,
• On the site site by checking the penalty according to the car and the driver and choosing a penalty for payment.

Trucks are one of the most common causes of damage to the road linen. That is why on the territory of the Russian Federation there are special rules for the fare of heavy trucks that concern and the weight of the loaded vehicle.

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For overloading motor transport, the COAMA provides for penalties. What is the weight of the cargo car to let the rules? What is considered overload and what is the punishment for overloading the vehicle, read further.

Which weight of trucks is allowed

Monitoring of heavy trucks in the Russian Federation is made by the traffic police in accordance with the following regulatory acts:

Documents set:

• permissible mass of freight vehicles with or without trailers;
• maximum permissible loads on the axis of motor vehicles;
• permitted overwhelms;
• rules for transporting goods exceeding permissible norms.

So, checking the weight of the cargo vehicle is made in two parameters:

• permissible mass;
• load on the axis of the truck.

A permissible mass is a parameter that is set by the vehicle manufacturer (indicated in the passport of the car). The mass allowed for use consists of the weight of the car itself and the weight of the cargo being transported.

For example, in the TCP it is indicated that the allowed maximum mass of the car is 25 tons. In this case, the weight of the vehicle is 9 tons. This means that the owner of the car can carry the load with a mass of no more than 25-9 \u003d 16 tons.

The permissible masses of individual types of trucks and road trains are listed in Appendix 1 to the Government Decision No. 272:

If the mass of vehicles with a cargo is more than 44 tons, then for the passage of the road train (truck) requires the design of a special permission, which indicates the route of movement and the time of shipment and arrival.

If the mass of the truck together with the weight of the cargo is more than 80 tons, then the auto inspectorate consists of a certain route of the vehicle's movement, taking into account the admissibility of trains in certain areas (including the bridges) of the track.

The second parameter - the load on the axis is a load that is transmitted to the road with the wheels of one axis motor vehicle.

The load on the rear axle in all cases is more than the load on the front axle, since most trucks carsvehicles have a cargo compartment from behind, and in front is an exclusively engine and other auto units.

To control the axial load of the vehicle, the concept of "maximum axial load" was introduced, which implies the load from the largest axis of the vehicle.

The maximum axial load is the basis for the introduction of restrictions of the passage of certain types of motor vehicles on the roads.

These restrictions are referred to by the corresponding road signs, for example, when you entered the limit to 5t on the axis, the following sign is set:

Permissible axial loads are indicated in Appendix 2 to the Government Decree No. 272:

Note:

• "*" Is permissible in the case of the presence of relevant road signs and information on official Internet resources;
• "**" for cars, which are equipped with a pneumatic or equivalent suspension.

Who and where is checked

Checking the mass of the cargo car and the axial load is made by the traffic police inspector:

• in stationary posts that are installed in certain places (as a rule, when leaving or accessing to settlement). On such types of posts of weight control, the movement of equipment from place to place is prohibited;

  

• on mobile posts equipped based on a cargo van. Mobile posts can be changed in accordance with the regulations.



Weight control can be carried out in two ways:

1. dynamic. The vehicle makes movement in a certain place equipped with special sensors at a speed of no more than 5 km / h. For this method determining the parameters of the mass and axial load The measurement error may be up to 3%;
2. statistical. Measurements are made on scales after a complete vehicle stop. This method allows you to more accurately define the parameters studied.

What perplex allowed, including the axis

In accordance with Article 29, clause 2 drivers are prohibited from the operation of the vehicle, if the mass of the car or the load on the axis exceeds the norm by more than 2%.

Except from this rule There are any types of vehicles belonging to the Armed Forces of the Russian Federation.

How calculated

In order not to get administrative punishment before transporting goods, it is recommended to calculate the mass of the car and the load on each axis of the car.

Mass of vehicles and axial load are related to the following ratio:

Auto weight \u003d load on the front axle + load on the axis 2 + ... + load on the axis N

For example, for a car, gas 3302 having two axes, this ratio has the following form:

3200 (maximum or full mass Auto) \u003d 1200 (load on the front axle) + 2300 (load on the rear axle).

If the calculation is made for a trailer consisting of tractor and trailer, then to determine parameters, you should be guided by the following instruction:

• in accordance with the passport data, we determine the mass of the car and the mass of the trailer;

  

• we learn from the supplier the actual weight of the cargo. This parameter must be reflected in the invoice;

  

• the load between the tractor and the trailer, as a rule, is distributed in accordance with 25% by 75%, respectively. From here you can calculate the load on the trailer, which is 0.75 * (mass of the trailer + weight of the cargo);
• according to the rules, the load on the trailer extends evenly on each axis. Knowing the mass of the trailer with the cargo and the number of axes can be determined which load applies to each axis (the mass of the trailer with the load / number of axes);
• next, the load on the axis of the car is determined. To do this, we need a mass of the trailer with a load * 0.25 + mass of cars;
• the load on the rear axle is 75% of the entire load on the machine and 25% on the front axle.

For example, the mass of the car according to the passport is 5 tons, and the mass of the three-axis trailer is 10 tons. It is planned to transport a weight of 15 tons.

That is the full mass of cars 30 t

To determine the overload, use the table presented in Appendix 2 to the Government Decree No. 272.

The table shows the permissible values \u200b\u200bfor certain types of transport and percentage deviations from the values \u200b\u200bobtained and will be overloaded.

For example, normative values \u200b\u200bfor a tractor consisting of a tractor and a three-axis semi-trailer are:

After checking in the weight control point it turned out that the loads are distributed as follows:

Overload will be:

The permissible mass of the road train is equal to:

8 * 3 + 10,5 + 11.5 \u003d 46 t

The mass of the loaded car in the specified example is:

12.8 * 3 + 8.3 + 17.5 \u003d 64.2 t

This means that in the example, the example is also allowed by the permitted maximum mass in the amount of 18.2 tons

How the excess is punishable

For the deviation of the maximum allowed mass or load on the axis, administrative responsibility is provided.

Individual entrepreneur

In accordance with the note to Article 12.21.1, individual entrepreneurs are responsible as legal entities.

Legal entity

One of the factors affecting the destruction of the asphalt coating on the roads is the overloaded car. The increased weight of the machine creates a load on the road leather, which is not designed for such a mass. Accordingly, the deadlines for the operation of the road are significantly reduced.

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According to estimates, about 20% of the transport leaves on the track with overload on the axis, while not having documents for additional cargo, which even materially, but compensated for damage to asphalt coating.

It was decided to deal with overload in the legislation with the help of administrative punishment in the form of fines that have the right to write the traffic police inspector when checking the car. These restrictions relate to both freight and passenger cars.

What means

The load on the axis is one of the important indicators of the vehicle, this is the load on the weight of the entire car, which is transmitted to the road surface along the axis of each wheel.

The mass of the vehicle that presses on the canvas road consists of the amount of loads of the front and rear axes.

With the load mass from the rear axle, most often exceeds the load from the front, since the cargo compartment has a car in the rear. The front part of the TC consists of a cab and a power unit.



Overload TC entails such consequences:

• destruction of roadbed and bridges;
• provoking emergency situations;
• dropping cargo or tipping cars;
• increasing the braking path (driving, etc.).

Depending on the purpose of the road section, it may be a limit on the transport weight of trucks. To understand whether there is a ban, you can sign 3.11 and 3.12 (weight size may vary):





If this sign stands on the road, and the mass of the car is clearly more, it is better to drive around this site on another way, where heavier cars are allowed, otherwise it faces a fine for overload. He is always responsible for the mercy of the car.

What law is spelled out

The state is important to have clear laws and rules regulating the order of transportation of goods on the roads of the country, to avoid loopholes and disagreements in violations.

In the legislation of the Russian Federation, these documents are:

1. From 2007. This is the main document regulating the rules for transporting goods in Russia. It contains the concepts of weight gain in freight transport, axial load and its permissible limits, users of roads, etc.
2. From 1998 establishes the procedure for controlling international transport and the responsibility that the driver will incur in its violation.
3. Determines the list of dangerous goods and establishes the rules for their transportation.
4. Indicates the rules for the carriage of large and dangerous goods and prescribes punishment for their violation.
5. From 2009, determines the amount of damage from the overload and the rules for compensation for harm.
6. Section 23 is indicating general requirements To the carriage of goods:
   • clause 23.1 indicates that the weight of the cargo, which is transported by a car, and the load on its axis does not exceed the manufacturer of the indicators. The amount of weight transmitted is determined from the characteristics of the vehicle and is called its lifting capacity. If we are talking about a passenger car, then another number of passengers is taken into account, and its maximum capacity is taken into account.
   • clause 23.2 determines the driver's responsibility before starting and in the process of movement to monitor the placement, fastening and state of the transported cargo to avoid the possibility of its fall and creating an emergency.
   • clause 23.3 lists the conditions under which shipment is allowed. He should not interfere with the driver to drive the car, violate the stability or review, pollute the environment and create noise.
   • clause 23.4 prescribes the size of large cargo: more than 1 m behind the vehicle or 40 cm on the sides. In this case, it is necessary to indicate the cargo by a special sign, and in the evening there are lanterns or reflectors.

How many attempts weighing

Many drivers in the carriage of large cargo are not issued for this permission, therefore, in order to prevent offenses, carry out control over the overload of the vehicle in all its axes.

In Russia, there are both stationary posts for weighing cars and mobile (dynamic).

The latter look like vans, and can move if necessary, giving the opportunity to monitor the mass of the truck almost anywhere.

Weigh vehicles and during movement, and in a stationary position. When weighing a fixed truck receive the most accurate weight and load on the axis.

And during the movement there may be an error from 0.5 to 3%, while the TC must be driven at a speed of 5 km / h and adjust to special sensors.

Therefore, if with dynamic weighing, the mass of the car turned out to be a weak, the truck is stopped and sent to the stationary post for re-weighing.

If the overload is confirmed at least one of the axes, the driver will be discharged. In the act about the offense, both numbers are recorded.

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

In the future, it is planned to install automatic systems On the roads that will fix the load on the axis even at a speed of 140 km / h, and the overload notification will be sent by mail.

Sizes of fines for overloading to the axis

When violating the rules for the carriage of cargo and overload of the axes of the truck, the penalty has the right to write a traffic police officer.

The dimensions of fines for physical, officials and legal entities differ in each other, and are registered in Art. 12.21 Administrative Code.

It is worth noting that in some regions of the country may have their own rules regarding the carriage of heavy loads in the summer (May-August), so when planning a route is carefully studying everything.

Depending on the amount of weight or size of the cargo, which is based on the set parameters, the fine will increase. With particularly strong disorders threaten and deprivation of driver's license.

For legal entities

Legal and officials are of great responsibility in violation of the rules for the carriage of goods, since the driver is mainly a hired person and acts in this case by an individual.

The magnitude of fines depending on the size of the overload:

Overload,%	Penalty for an official, rubles	Fine for a legal entity, rubles
2-10	10-15 thousand	100-150 thousand
10-20	25-30 thousand	250-300 thousand
20-50	35-40 thousand	350-400 thousand
Over 50.	45-50 thousand	400-500 thousand

If increasing weight was specifically listed in the shipping permit (in other words - unreliable data), the official is obliged to pay a fine 80-100 thousand rubles, and legal - 250-400 thousand.

In any other violations, officials discharge 5-10 thousand rubles.Legal - 50-100 thousand.

For individuals

Individual in the case of freight traffic He acts as a vehicle driver, except when it is issued as an individual entrepreneur.

First of all, it is responsible for the cargo, which is lucky, because when transporting has to trace whether there is no overload and whether the documents are issued correctly (there are obsolete tenants that hide the actual weight of the cargo).

In the case of violations on axial load, it is threatened with such fines or deprivation of rights:

Transportation of heavy and large-sized cargo must be accompanied by appropriate permissions. If such a driver is not, he will write a penalty in size from 2 to 500 thousand rubles.

Providing the driver of false data on weight of cargo, shall be punished with a fine in 5000 rubles. Before paying the fine, the truck or block on the side of the road, or send to the stalls, so that the driver does not continue to violate the law.

If the weight of the cargo is normal, but the driver drove along the road, where cargo transportation is prohibited and this is indicated on special signs, a fine is relied from 2 to 2.5 thousand rubles.

Other violations of the rules of cargo transportation may cause fine in 1-1.5 thousand rubles.

As for a passenger car, it does not contain separately prescribed fines when overloading. But the car falls under paragraph 22.8 of traffic rules, where it is indicated that when transporting passengers and baggage, the characteristics of the car declared by the manufacturer should be taken into account, and their violation is punishable.

For not a fastened passenger, and each excess person in the car will be such, a fine of 1000 rubles is relying. Violation general rules Transportation - 500 rubles.

Non-compliance with the rules of transportation of passengers in the car has even more consequences - the car easily makes it possible to become with human victims.

What permissible

A permissible load of the vehicle is the sum of all loads on its axis. There are two classifications of trucks:

Depending on the group, installed different size Permissible load:

Gap between axes, m
More than 2x	10	6
1,65-1,2	9	5,7
1,65-1,35	8	5,5
1,35-1	7	5
Less than 1go	6	4,5

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Fines for overlighted a truck in 2020 are designed to overcome one of the main violations of transport rules. Transport owners or drivers themselves frankly neglect the established regulatory requirements for car technical capabilities: Machines are trying to download full, for the most string.

What is overload

Overload - the phenomenon is often. For some reason, I want to move the cargo as much as possible in one approach. And not always the motifs of excessive transportation of the vehicle are associated with commercial benefits.

Overload is an excess of technically acceptable and secure parameters. In the field of road transport, overload is considered excessive weight, overweights located on the automotive platform materials.

The fact of overload is established in accordance with certain lifting capabilities of the vehicle.

The mass of the ventilation car is transmitted to the road surface through the wheels of one axis. Overload is determined by special calculations by the ratio of the total weight of the car and its distribution on the front and rear axles. There are usually increased loads on the rear axle.

Certain parts of the road are equipped with a prohibiting sign 3.12, regulating the restrictive indicators of the axis loads. If the actual mass per axis exceeds the specified value, then the overload is fixed. The driver should choose another route to drive around the road with a restrictive sign. Otherwise, the law in 2020 provides a fine for overloading to the axis.

It has already become a familiar road picture, when the normal movement of the vehicle is hampered by a barely moving truck, the fair filled with various materials. Therefore, the prescribed punishment for overvaging the cargo car looks quite reasonable and necessary.

What is the danger

There is disappointing statistics, indicating that the overload can be turned on real tragedies and end with death. Statistics argue that approximately 20% of all cargo vehicles moves with weight exceeding permissible norms. Overload leads to:

• accelerated vehicle wear;
• destruction of the road surface;
• increased fuel consumption and lubricants;
• lengthening the brake path;
• strengthening loads on the saddle lock;
• accelerated wear of a number of nodes (gearbox, clutch, suspension, brake pads);
• intensive wear of tires;
• reduction of maneuverability;
• threat of tipping vehicles;
• increased risk of emergency creation.

Fines for overlighted a cargo car from September 1, 2015 are correlated with updated standards on the permissible mass of the car.


How to determine overload

Overload is calculated in the binding of the maximum mass of the car to the roads of a specific category. To accurately establish overload use special equipment. The recorded data correlate with indicators on reference books. It contains various types of vehicles, the permissible load on the axis is described in detail.

Weighing a truck is made in a dynamic or static form. The dynamic type of weighing is carried out without a complete stop of the machine. However, its speed should not exceed 5 km / h.

Automotive scales fix the load on each of the axes, and then determine the total weight of the machine. This type of weighing is characterized by the presence of tangible errors in the range of 0.5-3%.

The static type of weighing is implemented in cases of a complete stop of the machine. This method of weighing is more accurate. It is optimally used in commercial measurements of the car.

Legislative acts provide for permissible errors when weighing the car on special platforms. Acceptable indicators are set at 5% between the permissible and mounted mass.

If the overload goes beyond this figure, the traffic police inspector will issue a protocol for an administrative violation and will establish how much a fine for the overview of the truck will be in monetary. The traffic police officers take into account the weight indicators of the equipped car specified in the accompanying documentation. The reconciliation of the stated parameters with real allows you to determine the scale of exceeding the loads and the corresponding types of recovery.

Punishment measures

Exceeding permissible loads on the axis or established dimensions are classified as violations. The recovery is fundamentally different for various categories of violators and, depending on the size of the overload.

A separate category is formed by overload fines on the axes during the spring closure of the roads. The law allows you to establish the variable sentences in different regions of the country. For example, the same violation in the South and Far Eastern region may differ 3 times.


There are opportunities to determine damage caused by overloaded vehicles due to weather conditions. Basic rates increase for summer time. During this period, the asphalt road coating softened and under considerable weight is irreversible deformation.

Who pays

In each particular situation, the question is solved who pays a fine for overloading the car in 2020 and in what size. Pay for overload will be both physical and officials:

• drivers;
• individuals;
• legal entities;

Fine size

With minimal exceeding permissible rules (2-10%), administrative recovery are established:

• the driver, outrered in overload, pays 1000-1500 rubles;
• the physical face is caught by 10,000-15,000 rubles;
• for legal entities, the penalty will be 100,000-150000 rubles;
• IP pay fines in the category of legal entities.

Since 2016, the overload fines have been installed on the axes on the shipper. In case of violation and installed fault, the shipper (LLC) will have to pay a round sum - 250000 rubles. It is the shippers that often indicate underestimated data on the mass of materials and record them in commodity and transport invoices. Not always at the same time, the actual overload is informed of the drivers.

There is no unambiguous answer about the fine for overloading Gazelle in 2020. Autofors are recognized that these vehicles fall only under punishment for violating the rules of transportation of goods. Usually the recovery is 500 rubles.

You can familiarize yourself with the consolidated one. It contains values \u200b\u200bof various sizes of penalties depending on many parts. On the table, it is fairly easy to determine which penalty for overvaging the truck in 2020 is installed for specific situations.

If the sign is additionally broken

The size of the fine for overvaging the truck in 2020 significantly increases for the driver who violates the requirements road sign- Violator behind the wheel of a car with overload without a special permission will pay 5000 rubles.

How to pay

The system of payment for overload fines does not differ from the general established rules. Existing mechanisms provide for the possibility of paying a fine for overload with a discount. But it is necessary to make sure that the resolution has been made by attiring such an opportunity.

Can you not pay

But not always after imposing a recovery in large amounts for overvaging the vehicle, you should immediately pay them. In some circumstances, it is possible to reduce responsibility and. This is possible when:

• road covering does not respond technical parameters on SNiP (construction standards and rules);
• during the construction of road clothing, the joint venture is broken;
• the road does not correspond to the standards established by GOST.

Of course, in these cases, it is not without the help of a lawyer who knows road subtleties. Therefore, it is easier to avoid the overload of freight transport and burdensome (in time and financial costs) of additional hassle.

What threatens the overview of the car: video

Overpensing cars - one of the problems of destruction of the road surface. Only in 2014 adopted 3 laws that change the rules of travel of heavy trucks. Below will be considered the concept of car overload and responsibility for overload.

Car overload - axial load - load weight load, which is transmitted to the road fabric.

The mass of the car is calculated by the amount of the load on the rear axle and the load on the front axle.

In some parts of the tracks and almost before each bridge you can see a sign 3.12, which sets the limitation of the weight of transport passing along it. If the load on any of the car axes exceeds installed sign Restriction, the driver is obliged to drive a route in other way. For ignoring the sign of Article 12.21.1, the Administrative Code is provided for responsibility in the amount of 2 - 2.5 thousand rubles.

The overload is dangerous by the breakdown of roads, the probability of emergency situations, the elongation of the braking path, which can also lead to accidents. At the same time, the driver is always responsible for the overloaded car.

Checking the mass of the car is carried out at the control points. In case of exceeding the maximum allowable load on the axis on the driver, a penalty of 1500 to 15,000 rubles can be imposed, and the size of the fine for carriers - legal entities is from 250,000 to 400,000 rubles. At the same time, the truck is perplexed by no more than 5%.

For ride S. large cargo It is necessary to have a special degree, which is issued by the shipper. Riding without it is punished with a fine in the amount of from 2000 to 500,000 rubles.

Of course, carriers are often faced with dishonest shippers, which in papers indicate one weight, whereas a serious advantage can actually occur. In this case, DPS employees are fined the driver and car owner. The law provides in this case fines for physical. Persons - 5000 rubles, and for a legal entity - from 250,000 to 400,000 rubles. At the same time, it should be noted that for a significant excess of the weight of the cargo by the transport facility threatens to be sent to a finneyman before paying a fine.

As practice has shown, a fine for overloading in court is almost unrealistic. Here you need an experienced lawyer who is well familiar with the specifics of this direction.

Who pays for overload

Board of carriers and drivers can only be given one - carefully check the load and its weight before it is adopted. The imposition of a fine on one of the parties to the contract of carriage does not eliminate the responsibility of the other party. This feature should be taken into account in its activities both the carrier and the shipper. In a note to Art. 12.21.1 The Administrative Code of the Russian Federation states that the administrative offenses provided for in this article, the persons who carry out entrepreneurial activities without the formation of a legal entity are administrative responsibility as legal entities, that is, carriers - individual entrepreneurs also pay an increased fine. At the same time, if the shipper deliberately distorted information about the weight of the cargo, then it is possible to submit a claim for damages.

Reimbursement of losses for overlooking TS by shipper.

Clause 3 of Article 35 Watignet (Automobile Transport Charter) establishes the responsibility of the shipper for disappointing in the transport invoice of special marks or the precautionary measures necessary during the transportation of cargo, or for the distortion of information about the properties of the cargo in the amount of 20% of the transport fee. Payment of the fine does not exempt the shipper from compensation for damage caused by the carrier by such violations. Thus, in case of incorrect indication of the shipper in a transport invoice or supply of weight, the carrier has the right to demand to pay him a 20% penalty and compensate for the damage to which can be attributed to:

Administrative penalty on the carrier for the violation of the maximum permissible mass of the vehicle;

Payment of the vehicle stay at the special platform (red);

Payment for the caused automotive road harm.

Damage compensation refers to measures of civil liability, so its application is possible only if there are the terms of responsibility provided for by law. Requires to pay a fine and compensate for the damage caused by the guideline of incorrect information about the weight of the load, the carrier is obliged to prove:

The fact of distortion of information;

The presence and amount of damage incurred;

Causeable relationship between legal relationship and damage.

To prove the fact of distortion of information about the weight of the cargo, the carrier is obliged to make weighing separately by cargo and a separate vehicle with a preliminary written notification of the shipper and get an act of weighing. Only thus it will be found that:

The excess of the permissible mass of the vehicle was allowed due to the unscrupulous behavior of the shipper;

In the cargo compartment of the vehicle there was no foreign objects that could lead to exceeding the permissible mass of the vehicle.

At the same time, the presence of an act of weighing a vehicle with a cargo will be insufficient to evoke the fact of distortion by the shipper information about the weight of the cargo in the transport invoice.

Legally a ban on traffic on roads common use Heavy vehicles with exceeding the allowable mass of more than two percent.

The overload is calculated not by the total mass, but by load on each of the axes of the truck. Therefore, even if the total weight of the cargo within the normal range, but it was unevenly distributed, it is also a violation.

Responsibility of the shipper for the overview of the car

Responsibility for it provides for Article 12.21.1 of the Administrative Code, and it is detected by two main ways.

1. Weighing at the posts of weight control.

This way for overload attracts drivers, people responsible for transportation and organization. It is strictly regulated. Most often, the order of the Ministry of Transport dated April 27, 2011 N125 is violated, according to which the inspector can stop you for verification only if it has "preliminary results obtained using automated weight and overall control systems in motion." Stop Trehbrource just so the inspector cannot, it must have information about preliminary weighing, according to which a particular car has certain deviations in the load on the axis. If there are no such results, it does not have any reason for stopping and directions to any weighing.

Excessively insist on compliance with this position is not worth it, because There is a risk of being punished for "unsuitability of legal requirement", and then the missing preliminary results may not appear from where. Nevertheless, it is necessary to confidently indicate the inspector for the unfortunateness of the stop, and also reflect this circumstance in writing in the protocol itself if it comes to its preparation.

2. Automatic fixation.

In this case, the owner of heavyweight is attracted. Does not matter who owns vehicle: "Physics" or firm - a fine for everyone is appointed equal and maximum.

The use of automatic fixation is the innovation of the last two years. Almost all the departures from Nizhny Novgorod in 2016 were established the so-called framework with equipment, fixing automatically overload along the axes of trucks. These frameworks are already working in Balahninsky, Semenovsky, Shatkovsky and other areas.

The penalty is from 150 to 500 thousand rubles, and this practice threatens the ruin of freight and is able to destroy the transport business in our area. Curtailing Against this background, a proposal looks like a 50% discount for 20 days.

According to the COAP, the owner of the car, which received a fine from the camera, is exempt from administrative responsibility, if you prove the guilt of another person. Such culprits are actually the driver, a truck who carried out loading and tenant of the car.

Our lawyers will be able to prove your innocence, but to help us in this, keep some simple conditions:

• Bring the right way of transportation
• Save TNCs, TNTNES and travel sheets
• Have an Osago for an unlimited circle of persons.
• Remember, the term of appeal - 10 days

Explain to the real culprit that it will avoid responsibility, since the limitation period of attraction is two months.

It remains to cancel the illegal ruling!

Overview of the car: control over disorders, norms and penalties

Responsibility for overloading a truck in 2017

Fine for overload on the axes

Not so long ago, the rules were entered into force, according to which the regulatory of car overload on the axes became much more stricter - earlier deviation was allowed by 15%, now by only 5%.

Article 12.21.1 Administrative Code of the Russian Federation. Violation of the rules for transporting large and heavy cargo

3. Transportation of heavy cargoes with exceeding the allowed maximum mass or load on the axis specified in special resolution, more than 5 percent -
(as amended by Federal Law of 06.11.2011 N 296-FZ)
entails the imposition of an administrative fine on the driver in the amount of one thousand five hundred to two thousand rubles; on officials responsible for transportation - from ten thousand to fifteen thousand rubles; On legal entities - from two hundred and fifty thousand to four hundred thousand rubles.
3.1. The provision of unreliable information about the mass and dimensions of the cargo, if it led to the violation of the rules for the transport of large and heavy cargoes, -
entails the imposition of an administrative fine on citizens in the amount of five thousand rubles; on individual entrepreneurs - from ten thousand to fifteen thousand rubles; On legal entities - from two hundred and fifty thousand to four hundred thousand rubles.
(Part 3.1 introduced by federal law from 06.11.2011 N 296-FZ)

For 2018, a penalty is also valid for inaccurate information about the mass and dimensions of cargo - it is superimposed on legal entities, and very weight - from 5,000 for citizens up to 400,000 for legal entities.
On a separate article, violations of the requirements of road signs on the maximum load or load on the axes are governed. The size of the fine for the car overload in this case will be from 2000 to 2500 rubles.

Penalty for distorting information about the mass and dimensions of cargo

Another penalty is provided for the Administrative Code, and the Federal Law "Charter of Automobile Transport and Urban Ground Electric Transport":
If the sender of the cargo incorrectly indicates information about the mass and dimensions of the cargo in the overhead documents, it can be attracted to a fine of 20% of the transport fee.
In general, the introduction of fines for overload trucks It is aimed primarily on the preservation of the roadway.

Legal questions

What threatens the overload of the passenger and truck?

Regularly due to freight vehicles in the cities of Russia, many products are delivered. The e-loading order is obliged to closely monitor the auto loading indicator, because in case of violation of the established rules, a fine will follow.

Overload is the axial load of the vehicle, that is, the weight of the car, which is resting on the roadbed during the trip. The total mass is calculated on the basis of two indicators, it is: the load on the rear axle and the front.

Heavy vehicles, in turn, often have a larger load on the back of the back, as the goods are transported.

On many tracks, including both bridges, drivers can see the sign 3.12. It indicates limitations in weight and prohibits the passage of cars with overload. In this case, the driver undertakes to drive the specified section by another way, otherwise the penalty will follow, established by Article 12.21.1, part 5 of the Administrative Code.

Responsibility for overload

In accordance with current legislation, responsibility is assigned to several persons. First of all, the driver will suffer from unlawful acts - administrative offense shall be punished with a fine.

If an authorized person is a certain organization or enterprise engaged in the carriage of goods, then as a result of this offense, the enterprise itself will suffer, and its leaders. In this case, it should be noted that if the car was leased by the carrier, then all responsibility for the offense assigned to the tenant.

In the case when the offense was established and recorded by road video cameras, the owner itself will be responsible for the deed. Moreover, this applies not only to ordinary citizens, but also legal entities and IP.

As for the fines themselves, for the overload, they will be the same for individual entrepreneurs as for legal entities (enterprises). This is indicated in the notes of the article for overvaging the vehicle. The final amount of the fine is calculated depending on the mass of the overload, and is also of great importance to the presence of a work permit with large loads, since for the exceeding mass in it, there is a separate article.

Getting permission

To obtain permission to transport goods, it is not necessary to go through the simplest procedure:

1. Submit a request for permission to customer transportation.
2. Fill out the application and send it to the road service (depending on the route of the TC) indicating technical specifications, metric data and other information obtained from the customer of transportation.
3. After coordinating and checking the route, arrive at the local separation unit to obtain a pass.

Only after receiving this permission can be processed to the carriage of goods. This procedure takes a lot of time, depending on the readiness of all the necessary documentation and other factors - from 7 to 30 business days.

Check points check

Check points are placed on many highways to test the weight of freight vehicles, in particular, each axis. If the established norms are violated, the freight is punished in part 3, Articles 12.21.1.

However, the legislation assumes that a small overload is possible. In the same article, admissibility is indicated within 5%.

At control points, the freight can be fined and 1 part of the same article may be fined, if it is found that it does not have any special degree in transportation. The driver receives it on a specialized Internet resource or from the shipping sender. In this case, the punishment ranges from 2000 rubles to 500,000.

Penalty and punishment for overload

Find out what amount of the fine can threaten - quite simple. To do this, it is enough to refer to Article 12.21.1 Administrative Code Russian Federation. It should be noted that the fine and dimensions directly depends on the offense, in particular on how much the actual load is more established norms.
In accordance with the prescribed punishment and offense, the driver may not only be discharged, but the vehicle goes to the penalty. Then it will have to be additionally paid for his stay.

The dimensions of the fine differ, depending on which it is compiled. So, for ordinary citizens, it will be minimal - from 2000 rubles, and the maximum amount is 500 thousand rubles, which threatens to legal entities in case of violation of the established rules. It is important that the violators will suffer and extremely responsible, which is assigned in the case of overload, half the permissible norms.

Set standards in the table below:

The group "A" includes cars, the operation of which is allowed on the roads of the I-III category, to the group "b" operation is allowed on all roads.