Penalty for overload on vehicle axles under Part 10 of Art. 12.21.1 Code of Administrative Offenses

Truck overload

When permission is needed. According to traffic regulations, the weight of the cargo should not exceed that provided by the car manufacturer. For example, for a truck without a trailer and with three axles, the permissible weight is 25 tons according to cargo transportation rules.

If the weight of the car or the load on one wheel axle is 2% higher than permissible or more, the carrier must issue a special permit. The permit is issued by the local branch of Rosavtodor - road management in a certain area. Validity period: no more than 3 months.

This document is needed to record heavy loads on the road. If the permit was issued by mistake or forged and an accident occurs, it will be easier to find and punish those responsible.

Danger of overload. If an accident occurs, the consequences will be more severe than with a regular Gazelle. A heavy car has a longer braking distance. Even if the driver reacts in time and tries to brake, the car will continue to coast for a long time.

The guide on checking brake systems states that at a speed of 40 km/h, a truck should stop within 20 meters. A twenty-ton truck will slow down for at least 150 meters.

The greater the mass, the greater the danger the vehicle poses and the greater the impact on the road surface.

Rules for the carriage of goods. Before sending a car on a flight, transportation organizers need to consider:

• weight of the car with cargo - it is important not to exceed the permissible values. For example, for a three-axle KamAZ, the maximum loaded weight is 25 tons;
• the number of axles, their relative position and the load on them - the greater the distance between the axles, the more evenly the load on the road is distributed. There is also less weight on each axle. Almost all modern trucks have a sensor - it shows the axle load;
• road category and time of year - in winter the soil freezes and trucks with increased weight can drive onto most roads;
• distribution of cargo in the trailer. If the load is placed "at the tail" of the trailer, a measurement error may occur - the front will be light, but the tail will be overweight;
• the presence of road signs about axle load restrictions - 6, 10 or 11.5 tons. You can find out about these signs at your nearest Road Administration department. Departments are divided according to the “road section-department” principle, for example “Moscow-Volokolamsk”. You can find the department you need in a special list.

It should also be taken into account that regional authorities are introducing a seasonal ban on the passage of heavy trucks. You can find out this in the regional department of Uprdor.

This indicates the maximum axle load. TC - tons of force or just tons. Usually the sign is in front of an area that will not support much weight - a bridge or road under which groundwater flows

Requirements for the transportation of goods in the Russian Federation

General requirements for the carriage of goods are defined in Section. 23 Traffic Rules. Thus, clause 23.1 of the Rules stipulates that the mass of the transported cargo and the load distribution along the axles should not exceed the values ​​​​established by the manufacturer for a given 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 - maximum permissible weight of transported cargo a) for a passenger car, the number of seats and weight of transported cargo, depending on the number of passengers transported; b) for a bus - nominal and maximum capacity;
• curb and permissible maximum weight of the vehicle;
• distribution of curb and permitted maximum masses along the axles.

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

Clause 23.2 of the Rules obliges the driver to monitor the placement, fastening and condition of the load before and during movement in order to prevent it from falling and interfering with movement. The conditions under which the carriage of cargo is permitted are also listed (clause 23.3 of the Rules).

Transportation of large, 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 Code of Administrative Offenses of the Russian Federation.

Concepts of heavy and large vehicles

are 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”, into which they were included by Federal Law No. 248-FZ of July 13, 2015.

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

A large vehicle is a vehicle whose dimensions, with or without cargo, exceed the permissible dimensions established by the Government of the Russian Federation.

Powers and terms of issue and consideration

Protocols on these administrative offenses are drawn up by officials of 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 road safety inspection, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy, and employees of the state safety inspection.

1. Decisions in cases of these administrative offenses cannot be made after 2 (two) months from the date of commission of the administrative offense.
2. The day of commission of these offenses should be considered the day of their discovery (suppression) by an authorized official.
3. The place where the offenses under comment were committed is determined by the place where they were discovered by an authorized official.

Who is responsible for the overload?

According to the law, the following may receive a fine for overloading:

• driver;
• the company employee who sent the truck on its journey;
• company.

However, the fine is often issued only to companies. The fact is that overload is often detected by automatic systems. And if a violation is noticed by a camera, only the owner of the car receives a fine.

In the Rostov region, the magistrate court fined the company 400,000 rubles for overloading the axles. The company tried to challenge it in the district court, but it upheld the decision.

Cargo transportation rules: maximum permissible vehicle weight and axle load

The most common problem in the field of cargo transportation by road is challenging fines for overloading by weight and axles.
For legal entities, the amount of the fine can be very burdensome, and for private carriers and individual entrepreneurs it can be fatal. According to the Decree of the Government of the Russian Federation dated April 15, 2011 No. 272,

The permissible load on a vehicle axle depends on the standard load of the road, as well as groups of adjacent axles, and can vary from 4 tons to 26 tons.

If a loaded vehicle exceeds the weight standards by more than 2%, it is necessary to obtain a special permit for its transportation from Rosavtodor, coordinate the route and pay compensation for damage to the roads. Otherwise, the owner of the vehicle and its driver will face administrative sanctions.

Penalty for overloading a truck on its axles

The higher the percentage of overload, the higher the fine. Let's see what fine you can get if you don't take into account the overload.

Regarding bribing an official for overload

(payment scheme for overloaded transport routes)

Who received the bribe

On April 20, 2021, an individual was convicted of committing crimes under Part 3 of Art.
290, part 3 art. 290, paragraph “c”, part 5, art. 290 of the Criminal Code of the Russian Federation, with the appointment of penalties: under Part 3 of Art. 290 of the Criminal Code of the Russian Federation for each of two crimes in the form of imprisonment using Art. 64 of the Criminal Code of the Russian Federation for a period of 2 years, with a fine of thirty times the amount of the bribe in the amount of 2,100,000 rubles, using Part 3 of Art. 47 of the Criminal Code of the Russian Federation, with deprivation of the right to hold positions in the public service in the system of law enforcement agencies of the Russian Federation related to the exercise of the functions of a representative of government, 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 under paragraph “c” of part 5 of Art. 290 of the Criminal Code of the Russian Federation in the form of imprisonment using 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 the 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 public service in the system of law enforcement agencies of the Russian Federation related to the exercise of the functions of a representative of government , with deprivation on the basis of Art. 48 of the Criminal Code of the Russian Federation with the special rank of “senior police lieutenant”; on the basis of Parts 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 high-security correctional colony, with a fine of 15,000,000 rubles, with deprivation of the right to hold positions in the public service in the system of law enforcement agencies of the Russian Federation related to the exercise of the functions of a representative of government, for a period of 3 years, with deprivation of the special rank of “senior police lieutenant.” The individual was found guilty by the indicated verdict of receiving a bribe twice, i.e. an official personally receiving a bribe in the form of money, in a significant amount, for committing illegal actions in favor of the briber and, by virtue of his official position, facilitating such actions, and was also found guilty of receiving a bribe, i.e. receipt by an official of a personal bribe in the form of money in a large amount for committing illegal actions in favor of persons represented by the bribe-giver and facilitating, by virtue of his official position, such actions.

Who gave the bribe

Each was convicted of committing crimes under Part 3 of Art. 291, paragraphs “a, b”, part 4, art. 291 of the Criminal Code of the Russian Federation, with the appointment of penalties for everyone: under Part 3 of Art. 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 the bribe in the amount of 700,000 rubles, and under paragraphs “a, b”, part 4 of Art. 291 of the Criminal Code of the Russian Federation in the form of imprisonment, using Art. 64 of the Criminal Code of the Russian Federation, for a period of 3 years, with a fine of twenty times the amount of the bribe in the amount of 9,150,000 rubles; on the basis of Parts 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, F... and R..., each was finally sentenced to imprisonment for a term of 4 years, to be served in a general regime correctional colony, with a fine of 9,500,000 rubles .

The crimes were committed in 2014 in the city of Moscow under circumstances detailed in the verdict. At the same time, the average size of a bribe received by a Moscow official from business representatives in 2021 increased two and a half times compared to 2015. In 2015, police recorded a similar increase, doubling the 2014 level. Against the backdrop of falling real incomes of citizens, such an increase in the welfare of corrupt officials is especially impressive, and will be even more impressive by the end of 2021.

The convicts were taken into custody in the courtroom, the verdict resolved questions about the calculation of sentences and material evidence in the case. The appeal and cassation upheld this decision.

Violation of a sign prohibiting the passage of trucks

The amount of the fine depends on the city:

• 5000 rubles - in Moscow and St. Petersburg;
• 500 rubles - in other cities of the Russian Federation.

Such a fine can be received by a driver who did not notice the sign “No cargo entry” and entered the third transport ring of Moscow at the wrong time - from 6 to 22 hours.

We wrote in detail about fines for driving under the “No Freight” sign.

Rules for the transportation of oversized cargo

Traffic rules (abbreviated as traffic rules) in paragraph 23.4. read: “If the load on a vehicle protrudes more than 1 meter from the rear or 40 centimeters from the sides, it must be marked with “oversized load” signs during the daytime. At night, it is necessary to additionally install white reflectors or a lantern in front, and equip the cargo with red reflectors at the rear.”

But in addition to the traffic rules, the Code of Administrative Offenses, Part 2 contains the following amendment:

“Transportation of goods that exceed the dimensions specified in the special permit, more than 10 centimeters, entails a fine of 1,500 to 400,000 rubles.”

Freight transport overload

By law, overloading or failure to comply with dimensions (exceeding) is administratively punishable, with liability ranging from a fine to deprivation of a driver’s license.

In the “realities of life”, the mass of the car is transferred to the road surface by the wheels of each axle and there are two types of load on the axle:

1. Permissible load on the transport axle determined by the manufacturer. 2. Limitation of axle load fixed by law.

The total load on the vehicle axles is the permissible load as provided by the manufacturer and required by 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 tracks of the first, second and third categories); 2. cars of group B (their operation is permitted on roads of any category).

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

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

More information about the permissible axle load of groups A and B

Appendix 1 - the weight of a single vehicle (meaning, without a trailer), during static weighing should not exceed:

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

Appendix 2 - the permissible loads on the vehicle axles are indicated during dynamic weighing.

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

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

For reference: In European countries, higher loads are installed 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).

Who issues the fine?

There are two ways to record a violation: stationary weight control and mobile control.

Stationary systems read weight automatically. To do this, the car doesn’t even need to stop - you can drive at speeds of up to 140 km/h. If the system notices an overload and does not find information about a special permit in its database, it will send data about the overload and a photo of the license plate to the traffic police. Next, the inspector will compare the car data with information about the owner and issue a fine.

Mobile systems are being deployed by employees of Rostransnadzor together with the traffic police. Supervision officers conduct an inspection, and the inspector issues a report if there is a violation. Rostransnadzor is guided by the rules of weight control.

What responsibility does

Responsibility falls not only on the shoulders of the shipper, but also on the carrier himself. Each party must carefully carry out on-board weighing, check the securing of the cargo, the strength of the packaging, containers, and so on.

The following responsible persons can be noted:

1. The consignor is a citizen, legal entity (company, enterprise, firm) and individual entrepreneur.
2. The carrier is an individual entrepreneur, a transport company (legal entity) and its official controller, who is obliged to check for overload.

Based on Order of the Ministry of Transport of Russia No. 258 of July 27, 2012 and Law No. 257-FZ of November 8, 2007, if the load on the axle is exceeded by at least 2%, then a special permit should be issued to transport such cargo in a specific vehicle.

Special permission can be obtained from the following authorities:

1. "Rostransnadzor" - Moscow, st. Petrozavodskaya, 32-A.
2. "Rosavtodor" - Moscow, st. Bochkova, 4.
3. Regional Ministry of Transport at the location of the vehicle or the shipper.
4. Owners of a site or an entire road.

The cost of a request for permission sent to government agencies is 1,600 rubles as of November 2021. (clause 111 clause 1 article 333.33 of the Tax Code of the Russian Federation).

This pass is issued ready-made within 2-3 days. It is designed for a minimum of 10 trips and a maximum of 3 months if the overload standards specified in the permit are met.

Shipper

A shipper is a person appearing in various documentation as the one who sends cargo for transportation along a specific route to a given delivery address.

To do this, he prepares it properly (compliance with safety standards, packaging, etc.) and delivers it for shipment. The person who sent the goods for transportation may also be the seller.

All business relations between the carrier and the owner of the transported property are formalized by a contract of carriage. Legal entities and individual entrepreneurs must comply with this norm (Clause 1, Article 784 of the Civil Code of the Russian Federation).

Documents that designate one of the parties – “Consignor”:

In most cases, when an invoice is filled out, the address and name of the shipper must be written in it (line 3).

This is stated in Art. 169 of the Tax Code of the Russian Federation, Letter of the Federal Tax Service No. ММВ-20-3/ [email protected] and in the Government Decree of the Russian Federation No. 1137 of December 26, 2011, edited on August 19, 2017.

If there is no invoice, then the organizational document can be a UTD - a universal transfer document that combines an invoice and primary papers that reflect business transactions. If there are several senders, then they are indicated in the documents separated by a semicolon.

Administrative responsibility of the shipper for overloading a truck in 2021:

Legal entities are cargo owners, enterprises, companies that are obliged to prepare it for shipment in accordance with the requirements of the law.

Contractual liability corresponds to the administrative liability specified in the Code of Administrative Offenses of the Russian Federation where fines are paid by the shipper.

When an offense is committed precisely because the cargo has increased in size or weight, then it is its owner who is most responsible for this.

How much it costs to overload luggage on an airplane in Russia is covered in the article: how much does it cost to overload luggage on an airplane. Read how to challenge a fine for overloading here.

Carrier

Carrier is a person who takes responsibility for promptly delivering a vehicle to the cargo in order to transport it along a given route and on time.

Delivering the vehicle to the loading point on time, ensuring that the vehicle is in good working order and that all necessary cargo fasteners are present in the body is the responsibility of the transporter (Clause 1, Article 791 of the Civil Code of the Russian Federation).

This means that the carrying capacity of the vehicle must comply with the conditions in the contract of carriage. Where exactly should you arrive, at what time, on what route and where to go - all these details must be clearly reflected in the agreement.

Administrative responsibility of the carrier:

Table continuation:

An official is a person who, according to instructions, is obliged to carry out transportation in accordance with all the rules, including taking part in its documentation.

This could be a driver, if he is also an individual entrepreneur (IP), or it could also be an employee of a transport company who was entrusted with the task of registering and sending the shipper’s property.

The carrier's responsibilities include:

• securing the load in accordance with traffic regulations;
• correct distribution of transported objects on the body area, cargo compartment;
• have on hand all valid documents relating to the cargo, the right to drive the vehicle, insurance, confirmation of the proper technical condition of the vehicle, and others.
• carefully follow road signs and comply with all traffic regulations while traveling;
• have a working video recorder;
• comply with all terms of the carriage contract.

All large or heavy cargo must be transported on Russian roads with a permit issued by the carrier.

Therefore, every driver carrying such cargo must have in his hands, in addition to a driver’s license, insurance and other papers, a special permit for transportation.

Citizen drivers and businessmen (IP) are subject to penalties in case of violation of the above points, just like legal entities. This applies to both shippers and carriers.

How to challenge a fine for overloading

You can challenge a fine if the equipment or person made a mistake:

• the inspector filled out the protocol incorrectly, for example, did not indicate the accuracy class of the scales or did not add a written opinion of the technical expert who carried out the weighing;
• no certificate for scales;
• There is accurate data that there is no overweight - the car and cargo were weighed before shipping.

You have 10 days from the date the resolution is issued to challenge the fine - the date can be viewed when checking on the Traffic Police Fines website.

You will have to file a complaint in person at the traffic police department or by regular mail. Draw up the document in the name of the head of the department whose employee issued the fine. You can find out contacts by calling the phone number indicated on the paper order. If you don’t have the paper on hand, call the city traffic police department.

Date of resolution in red frame

This is an example of a complaint to the traffic police. The answer will be given within 10 days

Types of overload

Extra load. Heavy trucks and small trucks like the Gazelle are driven onto special truck scales to check their weight. If there is overload, the driver will be fined from 1,000 to 10,000 rubles, depending on the amount of overload.

This happens extremely rarely with passenger cars - usually the inspector visually assesses the load. This can be seen by the sagging bottom or passengers sitting on the laps of other passengers instead of seats.

Extra passengers. There is nothing in the laws regarding the number of passengers. There is also no penalty for overloading passengers. However, there is a penalty for unbelted people in the cabin:

• for the driver - 1000 rubles;
• for a passenger - 500 rubles.

Trailer overload. The recommendations and rules for transporting passenger trailers are the same as for cars:

• the weight of the load should not be greater than that provided by the manufacturer;
• cargo can be transported if it does not interfere with looking at the road, driving a car, or blocking lights and license plates;

If the cargo does not meet the requirements above, the driver must correct all defects or stop driving.

Where to see fines for overloading a truck

Website "Traffic Police Fines". Here you can check the fine for the driver only. There is a separate service for companies with a fleet of vehicles.

To track a driver's fine, you need two documents - a vehicle registration certificate and a license. Write down their numbers on the appropriate lines.

The email field must be filled in so that notifications of new fines arrive on time

State Services website. Before paying, you must register on the site and make an electronic digital signature. The signature is made by certification centers - it costs from 1000 to 6000 rubles, depending on the purpose.

Official website of the traffic police. You need to fill in the fields with the license plate number of the car and STS number. If fines are found, click “Pay fine”. Then you need to decide on the payment system - the service will warn you that it is not responsible for the result of the operation.

What you need to know and do to avoid receiving fines for overloading

1. Know the rules for transporting heavy cargo and follow them.
2. Load the car strictly observing the norms established by law.
3. Securely secure the load in the truck so that it does not move.
4. On-board axle load sensors can be installed on the trailer to continuously monitor axle loads.
5. When loading, use computer programs that calculate the optimal options for placing cargo in the body.

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How and where to pay the fine for overloading

Website "Traffic Police Fines". If the check shows a fine, click “Pay.”

Review the fine information again and click “Proceed to Payment.”

Fill in the fields with your card details - they are not stored on the site.

After payment, receipts are stored in the “receipts” section.

Public services. After registering on the site and confirming your identity, you need to enter “fines” in the site search - the system will give a hint and direct you to the section for checking and paying fines. You will receive a receipt by email.

Traffic police website. If the payment has been completed, the payment system will send a check to the specified email.

All penalties for overweight in 2021

They depend on the availability of a permit for the truck, as well as on the amount of excess weight:

1. 2-10% of the permissible weight without a permit or the same size higher than specified in the permit,
2. overload by 10-20% of the permitted axle weight or total weight,
3. from 20 to 50%,
4. from 10 to 20% more than in a special permit,
5. from 20 to 50% more than resolution,
6. more than 50%.

Please note that in the 2021 legislation, penalties do not depend on overload for each ton, but rather on the conversion of the percentage of excess weight.

Who pays?

Also, the amount of the fine depends on the status of the person being punished:

• individual (driver),
• the official responsible for transporting cargo by truck,
• Individual entrepreneur and legal entity,
• the shipper, and in certain cases the consignee, depends on who is the owner of the cargo,
• loader,
• owner of the truck (in case of auto fixation).

So, let's now look at all the fines for overloading trucks at weight control points, depending on the status of the person held accountable. We will separately list in tables who pays what fines, and everything will become clear to you right away!

Individual (hired driver)

The category of individuals includes truck drivers employed by a legal entity or entrepreneur.
It is they who bear the mildest responsibility for overload on the scales, and it is for them that deprivation of rights should be introduced (but has not yet been introduced). Table of fines for individuals for exceeding the weight of the car

Legal entities and individual entrepreneurs (as owners or drivers of a car)

But for organizations, fines for being overweight are tens and even hundreds of times higher.

Please note that individual entrepreneurs under the article for overload are also liable as legal entities (Note to 12.21.1).
Table of fines for legal entities for exceeding the weight of the machine

But for legal entities, there is no fine for driving under a sign limiting the permissible weight of a truck - in this case, only the driver is liable.

To the shipper

The traffic police fines listed below are issued specifically to the shipper, regardless of who is the owner of the cargo being transported.
What are the penalties for shippers?

When loading into a truck

There is a separate fine for the organization or individual entrepreneur who loaded the cargo into the car and allowed the excess by his actions. It is regulated by part 10 of article 12.21.1 of the Code and amounts to:

• from 80 to 100 thousand rubles for individual entrepreneurs,
• from 250 to 400 thousand – fine of the organization.

To the owner on the auto-fixation camera

If the violation is recorded on camera, then in this case a fine is issued only to the owner of the truck - neither the driver nor the legal entity bears responsibility, since they cannot be reliably determined by auto-recording.
Table of camera fines for owners

Such sanctions will be sent to truck owners as “chain letters” by mail.

Something else useful for you:

• New fines for speeding from January 1, 2021 - true or not?
• The obligation to wear a mask and gloves in the car from May 12, 2020 - true or false?
• New fine for lack of technical inspection in Russia - how much and when will it come into force?

Official (forwarding company)

Persons responsible for the transportation of goods bear separate responsibility for the transportation.
But in practice, the traffic police often punish only drivers, shippers and legal entities. Nevertheless, for the sake of completeness of the article, we will present the current punishments in 2021 for officials. Table of fines for officials

Remember

1. Axle loads are best calculated using truck scales. If the load exceeds 2%, you will have to apply for a permit. This can be done at the local Uprdor.
2. The fine for overloading a car depends on the amount of excess of the permissible weight. For a driver - from 1000 to 10,000 rubles or deprivation of rights for 4 months, for an official - from 10,000 to 50,000 rubles, for a company - from 100,000 to 500,000 rubles.
3. According to the law, a driver, an official or employee who arranged for the transportation of goods and a legal entity - the owner of the company, can be fined for overloading. More often, only the owner of the company is fined.
4. To challenge a fine for overloading, you must write a complaint and send it to the traffic police with a personal visit or by mail. The answer will be given within 10 days.
5. The most convenient way to check and pay a driver’s fine is on the Traffic Police Fines website. You can check company fines using a special service for legal entities.

All articles by the author: Evgeniy Lesnov

For overload detected automatically, a minimum fine will be imposed

The Constitutional Court of the Russian Federation declared Art. 12.21.1 of the Code of Administrative Offenses “Violation of traffic rules for a heavy and/or large vehicle,” writes the Kommersant publication. According to the Court's decision, amendments must be made to the provisions regarding penalties for violations detected automatically. Until then, when an overload is registered by automatic control points, the fine for a legal entity will be assigned a minimum amount.

In its current form, Art. 12.21.1 of the Code of Administrative Offenses provides for a “fork” of fines for violation of the weight and dimensional parameters of a vehicle only in cases where it is detected during weighing and measuring trucks directly by inspectors. If violations are registered by automatic control points, then the owner of the vehicle is given a maximum penalty , the amount of which does not imply any options .

So, for example, for maximum overload (exceeding the permissible weight standards by more than 50%), a legal entity faces a fine of 400 thousand to 500 thousand rubles (for the driver - from 7 thousand to 10 thousand rubles). However, if the excess is recorded by an automatic control point, the amount of the fine is uniform and equals a maximum of 500 thousand rubles, and the “letter of happiness” in any case comes to the owner of the vehicle .

That is: both the one who exceeded the permissible norms by 55% and the one who exceeded the permissible limits by 100% receive the same punishment was carrying cargo for his own needs in a “office” car , is not taken into account at all .

It was these provisions that were recognized by the Constitutional Court as contrary to the Constitution . Verification of Art. 12.21.1 of the Code of Administrative Offenses on “constitutionality”, as o, was carried out at the request of the Kostroma Regional Court, which, in turn, considered complaints from carriers punished under this article.

The Constitutional Court decided to make appropriate amendments to the Code of Administrative Offenses , and before they are introduced, when a violation is recorded in automatic mode, firstly, to prescribe to the owner of the vehicle the minimum penalty provided for this type of violation for a legal entity. And secondly, when the owner of the car (a legal entity, not an individual entrepreneur ) applies, proving that at the time the overweight was recorded, the cargo was transported by the driver for his own needs, “rewrite” the fine to the minimum prescribed specifically for the driver .

At the same time, experts note that in its current form, the Code of Administrative Offenses, in the event of a violation being recorded automatically , does not provide for the involvement of the shipper in the excess and, as a consequence, punishment for him. Although in paragraphs 8 and 9 of Art. 12.21.1 states that for providing incorrect information about the weight and dimensions of the vehicle, the shipper also faces a fine, and in practice, especially when transporting containers, the carrier may not even know that he is traveling with an overload .

Let us remind you: there are now 28 automatic weight control points operating on federal highways; by 2024, according to the Government’s plans, there should be 387 of them . The deployment of the weight and dimensional control system will most likely be carried out by the Platon operator (it is the only one that has submitted the corresponding application so far).

A pilot project to operate the system should be launched by the end of this year . would not be sent for each new “frame” within three months of its operation .

“Overload”, or Responsibility for exceeding the permissible weight of the vehicle

The issue of liability for exceeding the permissible weight of a vehicle or the permissible load on a vehicle axle is becoming more relevant than ever and causes a lot of controversy, and also causes significant material damage for the owners of heavy trucks and the cargo carrier.

According to Art. 12.21.1 Code of Administrative Offenses of the Russian Federation liability for the movement of a heavy vehicle and a vehicle exceeding the permissible dimensions of the vehicle without special permission, exceeding the permissible weight of the vehicle or the permissible load on the axle of the vehicle without special permission, or exceeding the weight of the vehicle or the load on the axle of the vehicle , specified in the special permit can reach from 100 to 400 thousand.

But in addition to administrative liability, vehicle owners may receive a claim for recovery of damage caused to the road when the vehicle exceeds the established limits on total weight and (or) axle load.

There is no uniformity in judicial practice regarding the resolution of such disputes. In this article we will try to highlight several criteria according to which claims may be denied.

In a significant number of cases, regional departments act in cases of recovery of damage caused to a highway when the vehicle exceeds the established limits on the total weight and (or) axle load.

In this regard, the main argument for dismissing the claim may be the plaintiff’s lack of authority to collect payment for damages.

If the route of a vehicle passes along federal roads, or if the route, part of the route of the specified vehicle passes along federal highways, sections of such highways or through the territories of two or more constituent entities of the Russian Federation, a permit is issued and a fee is collected by the authorized body of the Russian Federation - Federal Road Agency of the Ministry of Transport of the Russian Federation (Rosavtodor), and not an authority of the subject of the federation.

This position was supported by the Supreme Court of the Russian Federation in its rulings No. 306-ES18-15335 of December 4, 2018 in case No. A12-19327/2017, No. 305-ES16-19149 of January 24, 2017 in case No. A65-21310/2015, No. 306 -ES19-20293 dated 20/21/2019 in case A57-19261/2018.

The absence in the act of exceeding the established limits on weight and (or) axle load of information on the length of movement on a specific section of a regional and intermunicipal road may also serve as a basis for refusal of the claim.

In accordance with parts 1 and 6 of Article 8 of Law No. 257-FZ, public roads of federal, regional or intermunicipal importance must have names.

By virtue of clause 2.1.1.1.3 of the Procedure for carrying out weight and dimensional control of vehicles, including the procedure for organizing points of weight and dimensional control of vehicles, approved by Order of the Ministry of Transport of the Russian Federation No. 125 of April 27, 2011, in the weighing report, including the route of travel is indicated indicating the distance traveled along federal highways/on highways of regional/intermunicipal/federal significance.

The lack of information about the length of the road prevents the reliable determination of both the route and the distance traveled by the car.

These arguments were reflected in the Ruling of the Supreme Court of the Russian Federation No. 307-ES18-25624 dated February 20, 2019 in case A56-59422/2017; Resolution of the Arbitration Court of the North-Western District dated November 22, 2017, Resolution of the Arbitration Court of the North-Western District dated December 6, 2017. No. A56-46743/2016, Resolution of the Ninth Arbitration Court of Appeal dated December 14, 2017 in case No. A40-103710/17, Resolution of the Seventeenth Arbitration Court of Appeal dated December 11, 2017 in case No. A60-38963/2017.

The absence of reliable evidence of the installation of temporary road signs prohibiting the movement of heavy vehicles along the route of the defendant’s vehicles may also be grounds for dismissal of the claim.

By virtue of paragraph 4 of Article 30 of the said Law, in the event of decisions being made on temporary restrictions or cessation of the movement of vehicles on highways, road owners are obliged to inform road users about the timing of such restrictions or cessation of the movement of vehicles and about the possibility of using a detour.

At the same time, the obligation of drivers and vehicle owners to comply with established temporary restrictions on the movement of vehicles does not exclude the plaintiff’s obligation to properly bring these restrictions to the attention of interested parties, observing all the requirements of the law.

The mere fact of issuing an act on establishing a traffic restriction and its publication on the Internet does not relieve the authorized person from the obligation to inform road users about the starting and ending points of the restriction on the road by installing appropriate road signs.

A similar legal position is contained in the Supreme Court ruling No. 307-ES18-25529 dated February 20, 2019 in case No. A56-39351/2017.

Thus, based on the analysis of judicial practice, the following criteria can be identified according to which claims for recovery of damage caused to a highway when a vehicle exceeds the established limits on total weight and (or) axle load may be rejected:

1. Movement of a vehicle on federal roads, or if the route, part of the route of the specified vehicle passes along federal highways, sections of such highways or through the territories of two or more constituent entities of the Russian Federation;
2. Defects in the content of the report on the vehicle exceeding the established restrictions on weight and (or) axle load;
3. Lack of reliable evidence of installation of temporary road signs prohibiting the movement of heavy vehicles along the route of the defendant’s vehicles;