Is there a fine for summer tires in winter 2021

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Winter has arrived and with the first serious cold, a massive re-shoeing of tires or the purchase of winter tires begins. But such an event cannot be called a whim of car owners. Changing tires is a procedure regulated by law. The nuances of exactly how to carry out such work are described in regulatory documents. The law that regulates all this is called “Technical Regulations of the Customs Union TR CU 018/2011 “On the safety of wheeled vehicles.”

When to change your shoes for the summer?

Tires need to be changed to summer ones in Russia in June 2021.

This is what current legislation says, and only if you have studded tires. And even this is relative - we will find out why below. And this issue is not regulated by traffic rules, as many believe. The rules for the use of tires on wheels are regulated by Section 5 of the Basic Provisions (Appendix to the Traffic Regulations), and not a word is said here about the seasonality of the use of rubber.

The prescription of the seasons when it is necessary to install winter tires, and when to install summer tires, is contained in the Technical Regulations - this is today a variation of GOST on the technical equipment of modern cars. But there is not a word in it about the date when you need to switch to summer tires according to the law. It only talks about prohibitions on using winter tires in certain seasons and only with studs:

5.5. It is prohibited to operate vehicles equipped with tires with anti-skid studs in the summer (June, July, August).

Thus, the legal acts of 2021 do not establish a rule at all when to install summer tires after winter. Only one of them stipulates that you cannot drive in the “winter” during the 3 summer months – from June to August inclusive.

But there is an important subtlety!

It consists in the fact that the same Technical Regulations contain a note indicating that in each city it is possible to change such a ban, but only upward:

The terms of the operation ban may be changed upward by regional government bodies of the member states of the Customs Union.

Regional bodies are regions, subjects of Russia. You can find out whether such changes have been made specifically in your region from the official websites of road services or the traffic police of your city. But, as a rule, their appearance is widely covered in the local press.

One thing we can say for sure is that in March, April and May of this year there are none in the largest cities.

In Moscow, there is a general rule for the Russian Federation - you can legally switch to summer tires in June 2021.
In St. Petersburg, the ban period was also not changed, and here it operates according to the general rules of the Technical Regulations.
Even in the warm Crimea and Sochi (as well as throughout the Krasnodar Territory) the period has not been increased.

Riding on Velcro during the summer months of the year

Among motorists, “Velcro” (friction tires) are winter tires that are not equipped with studs.

In accordance with Technical Regulations TR CU 018/2011, you can drive on such tires all year round. After all, tires with studs are prohibited in summer, but Velcro does not have them. Just as you can drive in winter, because it is winter and has the appropriate markings (MS, M & S, M + S).

However, like all-season tires, Velcro tires are highly not recommended for use in the hot season, primarily due to the “softness” of the rubber compound used in their manufacture. Otherwise, the following consequences are possible:

loss of controllability;
increase in braking distance;
acceleration of tire wear;
increased fuel consumption.

Law on changing tires to “summer” from March 2021

However, a number of media outlets are disseminating incorrect information about the obligation to switch to summer tires as early as March 2021, citing local legislation as the reason for this rule.

But, as we mentioned above, no local laws have been adopted. You can check this, for example, by requesting an official comment through the traffic police online reception and selecting your city (region) in the address field.

And since April?

And in this case, too, there is no new law that would oblige one to change tires to summer ones in April of this year. The procedure for setting “winter” to “summer” today is regulated only by the consciousness of citizens, since driving on studs in wet weather is more dangerous than driving on summer tires.

Moreover, according to the law, there is no need to change tires in May 2021. As we have already commented above, only from June it is forbidden to ride on studded wheels.

What is the penalty for failing to change tires on time?

Based on the above, and also in accordance with clause 5.5 of Appendix 8 to the Technical Regulations, the use of studded tires in the summer months is a violation of the law.

However, in 2021, violation of the deadlines for replacing tires with summer ones will not entail penalties. This is due to the fact that the Code of Administrative Offenses of the Russian Federation does not contain any provisions regarding punishment for late replacement of winter tires.

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In this case, when checking a car, a road inspector may well issue a fine of 500 rubles, since the car’s wheels do not meet the requirements specified in the “List of Malfunctions and Conditions” to the Traffic Regulations (Section 5). This is considered an administrative offense. If the outcome is favorable, the driver may be given a verbal warning.

The driver can also be punished if the car has different tires: the left front tire is winter and the right one is summer, or, for example, the left rear tire is new and the right one is repaired.

Fine

It’s no joke, but as of 2021 there is no punishment for violating clause 5.5 of the Technical Regulations, just as there are no fines, no deprivation of rights, or other types of punishment for any non-compliance with this regulatory act. The current Code of Administrative Offenses simply does not provide for such.

The only fine in the amount of 500 rubles or even a warning can be issued for violations of the operating conditions of vehicles according to traffic rules under Part 1 of Article 12.5 of the Administrative Code. But these two regulatory documents should not be confused - the obligation to change shoes is not stated anywhere, and driving on spikes in the summer is in the regulations; in the Rules there was not a word about the seasonality of using rubber.

You can check the current version of all traffic police fines yourself by searching, and you will not find here a single sanction that would be applied for violations of regulations, as well as GOSTs, in force in Russia.

Expert opinion

Yuri Panchenko

Driving instructor, human rights activist, author of books. 10 years of experience.

The Technical Regulations of the Customs Union on the safety of wheeled vehicles contain all the requirements for all vehicles that are produced and operated on the roads of the Russian Federation.

Unfortunately, since its adoption, the corresponding amendments to the traffic rules have not been adopted. The result is a legal conflict: on the one hand, malfunctions for which operation is prohibited are listed in the Basic Regulations for Permission to Operation, and no one has been looking into this list for years. On the other hand, a similar, but more complete list is contained in the technical regulations.

Today, alas, the operation of a car is punishable only with those faults that are given in the Basic Provisions for Admission. Therefore, there is no penalty for driving a car with winter wheels in the summer and with summer wheels in the winter, and, apparently, it will not appear soon. And therefore, drivers continue to drive on the roads, risking not only their lives, but also the lives of those around them.

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Replacing winter tires with summer tires 2021 - installation details

When removing the kit from the “storage”, inspect it carefully. Experienced car owners recommend mounting the more worn pair on the drive axle. This is true for rear-wheel drive cars. If you follow this advice on alternative configurations, there is a high risk of skidding on wet road surfaces. A deep tread pattern makes the tire more effective when in contact with a wet road - a “worn out” pair will grip worse (a tread pattern depth of 5 mm is critical). When cornering, such a difference significantly worsens the uniform grip on the asphalt.

Experienced motorists often do not consider this problem to be significant, but this only works if the driver is highly skilled. It is difficult for a beginner to stabilize a car in a difficult situation.

Specialists from technical centers recommend that when using wheels, periodically (approximately every 12 thousand kilometers) swap them in pairs (the spare wheel is no exception). At each shift, do not neglect balancing - you need to make sure that the wheels rotate evenly and correct the defect, if any. This way you will extend the service life of your tires and relieve the load on the following systems:

chassis;
helmsman

Regardless of the type of drive, new tires are installed at the rear.

Don't forget about the spare tire. Keep it in the car - in a difficult situation you will say “thank you” to yourself for your forethought. The spare tire must be “changed” at the same time as the main set. The braking performance is significantly affected by the condition of each tire. If you are late in dismantling the studs, be sure to post the “Ш” sign for other road users.

But there are requirements for any type of rubber

And they are already stated directly and clearly in the Rules of the Road, specifically in the List of conditions under which the operation of a car is prohibited. This application has a whole section containing a list of faults that prevent you from driving your car on public roads.

Wear

For summer and winter tires, different levels of possible wear apply, at which you cannot drive.

For “summer” you can’t drive on tires with the following tread depth:

less than 0.8 mm for motorcycles, scooters and mopeds,
less than 1 mm for trucks over 3.5 tons and trailers for them,
less than 1.6 mm for passenger cars and trucks less than 3.5 tons and trailers for them,
less than 2 mm for all types of buses (with more than 8 seats).

But for winter there is no division into categories of cars - the permissible wear for them is the same - at least 4 mm, and here it no longer matters whether you have spikes. Therefore, if the wear of winter tires is less than 4 mm, then they need to be replaced with summer tires, unless, of course, your summer tires comply with traffic regulations for wear.

Damage

It is also prohibited to drive a vehicle whose tires have operational defects, including the following:

torn damage and cuts (including side ones), if the rubber cord is visible,
peeling in the tread area,
peeling on the side,
punctured tires.

Different tires

You cannot ride on wheels in the following cases, when the tires on them are different on the same axle (one at the front or rear on the left, another on the right):

by size (radius, profile width and height),
by design (radial and diagonal),
one with a camera, the other - tubeless,
different models,
along the tread.

It is also important to know that it is prohibited to use wheels with different tires based on the presence of studs: if all are studless and at least one with studs, and vice versa.

Does not match the vehicle

And the last prohibition is if the tires do not match the car in terms of load or size.

How will the inspector determine the wheel size? Everything is very simple. If, for example, you install 16-radius wheels on a Lada Granta, the inspector may issue a fine under Part 1 of Article 12.5 of the Code of Administrative Offenses of 500 rubles, since the design of the model does not provide for such tire sizes.

Same with the load. The table for the correspondence of the load index to the vehicle weight is contained in Table 5.2 of the regulations.

Thus, if you have winter tires, at least one of the parameters of which does not comply with traffic regulations, then you need to switch to summer tires by law, if the latter is new enough and the same enough to satisfy all the above conditions. Otherwise, the only thing left to do is buy new tires.

Fines for summer tires in winter 2021

Some drivers still believe that driving carefully on winter roads on summer tires is quite safe, because road services in the city constantly monitor the condition of the road surface. However, this, of course, is not true, which is confirmed by a sharp increase in accidents on the roads at the first icy conditions. Therefore, from January 1 of this year, 2021, you can already receive a fine for summer tires in winter in the amount of 500 rubles. The Russian State Traffic Safety Inspectorate warns drivers about this.

True, from a legislative point of view, there are problem areas here. The State Traffic Inspectorate refers to Art. 12.5 part 1 of the Administrative Code. It states that a fine is indeed provided for driving a vehicle that, in accordance with the provisions on the approval of vehicles for operation, cannot be used on the roads. And amendments to these provisions are valid from January 1, but the changes do not say anything about the need to operate the car only on tires that correspond to the current season. The amendments concern only sufficient tread depth, and also explain the concept of “winter tires”. What do the new amendments have in store for drivers? The content of these amendments is such that the inspector can now not only impose punishment for summer tires in the winter, fining the driver 500 rubles, but also for winter tires, which are already very worn out, with a residual tread depth of 4 mm or less. Let us remind you that for summer this parameter corresponds to 1.6 mm. However, the driver does not always face a fine for summer tires and “bald” tires.

The inspector, at his discretion, may limit himself to only a warning without drawing up a protocol. On January 1, 2021, another document came into force - the technical regulations “On the safety of wheeled vehicles” of the Customs Union, which already stipulates that during the entire winter period, i.e. from December to March, all vehicles must be operated only on winter tires. In summer, driving on studded tires is also prohibited. The document provides for the possibility of increasing the service life of winter tires by decision of local authorities. However, the “Basic provisions for the approval of vehicles for operation” do not yet have a clause introducing a ban on summer tires in winter. Accordingly, it is still illegal to levy a fine in Russia for this violation. However, representatives of the traffic police explained their position. Starting from the new year, drivers will be fined only for driving on “bald” tires, and it doesn’t matter whether they are summer or winter. But traffic inspectors will closely monitor the seasonality of wheels and, apparently, for now they will only warn drivers about the inadmissibility of driving in winter on summer tires. Contradictory laws create confusion...

Let us remind you which tires cannot be used by law. The minimum tire tread depth should be: 0.8 mm for motor vehicles;
1 mm for cargo vehicles up to 12 tons and trailers for them;
1.6 mm - passenger cars and cargo vehicles weighing up to 3.5 tons; 2 mm for buses;
4 mm for all winter tires.

Thus, a paradoxical situation has arisen - when driving in winter on summer tires with a tread depth that meets the required standards, the inspector will only confirm this fact, without formally having grounds to issue a fine. This means that truck drivers who create many kilometers of traffic jams on a slippery road will not bear any responsibility at all, but a motorist who is only slightly skidded on winter tires with a tread depth that is almost below the required value will be fined. Reasons for inconsistencies in legislation This happened because legislators did not consider amendments to the Administrative Code that would regulate liability for violations of the new technical regulations. In this case, the problem of trucks skidding on slippery slopes could disappear. However, the legislative framework does not yet allow us to resolve this issue. And by and large, it is not clear what to do with these trucks, because a set of winter tires for them is very expensive and can cost the owners the price of a new car. However, the inconsistencies may soon be resolved, and not so long ago initiatives were discussed, according to which driving in winter on summer tires would be punishable by very large fines. At first it was proposed to set a fine of 5,000 rubles, then - 2,000 rubles. However, in 2021, the driver can still be fined only 500 rubles, and only if the latter does not defend his rights. However, remember that summer tires, especially “bald” tires in winter, actually turn the car into an uncontrollable projectile, which is extremely dangerous on the road.

In fact, if you lack conscience and the instinct of self-preservation, you can even drive on summer tires in icy conditions, and not a single traffic police officer has the right to issue you a fine.

What about road accidents? Will installing the “wrong” tires affect the degree of guilt during disassembly? We turned to judicial practice.

Let's start with simple questions. For example: “I was driving in winter on summer tires, crashed into another car, and I am the culprit of the accident. Do I have insurance?

If there is only compulsory motor liability insurance, then no - this policy exclusively protects your liability to those whose property you damaged as a result of an accident. If you have comprehensive insurance, then payment is due. In both cases, it does not matter what type of tire was installed on the car.

Sometimes insurance companies, however, try to avoid payments citing the fact that the car was “shod out of season,” but this is unlawful. Unless the comprehensive insurance contract explicitly states the client’s obligation to “put on” winter tires, say, for the period from November 1 to April 1. This does not apply to compulsory motor liability insurance, where the insurance rules are the same for everyone, since they are regulated by the relevant Law on Compulsory Motor Liability Insurance.

Let's consider another situation: “I got into an accident. According to the protocol, it’s not my fault, but my car has winter tires (out of season). Could this affect the amount of insurance compensation under compulsory motor liability insurance?

In this case, it was the victim who was driving on the “wrong tires.” His guilt in the accident has not been established. Therefore, the tires will not affect the amount of insurance compensation in any way.

However, in judicial practice, nevertheless, there was a case where the guilt of a driver who did not “change his shoes” for the winter was recognized by a magistrate. It happened on an icy road. The truck was unable to climb the mountain and was carried backwards, where another car stopped. The cause of the accident was, as follows from the court decision, the truck’s non-compliance with the Technical Regulations on the safety of wheeled vehicles.

This regulation, approved by the Decree of the Government of the Russian Federation of September 10, 2009, has already lost force. But it was in force at the time of the accident and it contained “standards for the effectiveness of braking a vehicle using the service brake system in road conditions.” The higher court reviewed this decision, removed references to the regulations, but confirmed the guilt of the truck driver. And how could it be otherwise, because it was he who, moving backwards, touched a standing car. As a result, the punishment was issued under Article 12.14 of the Code of Administrative Offenses “Violation of the rules of maneuvering.”

If, God forbid, you get into an accident, the “wrong” tires cannot be considered either the cause of the accident or an aggravating circumstance of the offense. The culprit will be identified based on other criteria. At the same time, the type of tire cannot affect insurance payments under any circumstances.

However, we do not advise you to abuse the imperfection of legislation. After all, there are still laws of physics that do not change over the years and are not disputed in the courts.

When is it legal to switch to winter tires?

Appendices have been added to the mentioned technical regulations, among which No. 8 has clause 5.5.
It contains the answer to the question: “When to change summer tires to winter ones?” Having turned to it, we see that it is prohibited to install studded tires in the summer. This applies to all vehicles without exception. The document also “states” that the use of appropriate tires is permitted in winter, regardless of whether they have studs or not. The main requirement for such tires is that they must be marked “M+S”, “MS” or “M&S”. Any of the three abbreviations must also be accompanied by a picture depicting a “mountain with a snowflake.” All owners of category B passenger vehicles must comply with this requirement. Since November 2021, this restriction has ceased to apply to other vehicles. It can also be noted from paragraph 5.5 that the terms of the described ban cannot be reduced, only increased, and only in accordance with the law at any level (regional or federal).

Tire use intervals look like this:

Summer tires, which lack the "MS" acronym, are used only from March to November.
Winter tires with studs and the letters “MS” are used from September to May.
Studless winter tires marked “MS” can be used all year round.

It turns out that in winter you can use tires both with and without studs.

The optimal time for replacing such tires is considered to be the winter months, for all types of tires - in spring and autumn, only for the summer version - from June to August. If a car owner has unmarked summer tires and studded winter tires, it turns out that replacement can only be done in the fall. And in the spring, stock up on the nerves to change the tires back from March to May.

To better understand the monthly distribution of replacements, it is better to summarize all the indicators in a table.

From December to February	From March to May	From June to August	From September to November
Summer tire option	+	+	+
Winter version of tires with studs	+	+	+
Winter version of tires without studs	+	+	+	+

When exactly to change tires is decided not by the car owner, but by the Technical Regulations established at the legislative level. In order to check the indicators, it is enough to open this Regulation and Appendix No. 8.

Rules for all-season tires in 2021

It is also worth mentioning those who use all-season tires, suitable for travel at any time of the year. And here the main emphasis is again placed on the “MS” tire marking. If it is, then the all-season one can be safely used all winter. In its absence, driving on such tires in winter is considered illegal and punishable by a fine.

Driving on all-season tires (Velcro) in 2021

It is worth mentioning separately about all-season tires; you can drive a car quite comfortably on them both in winter and summer. Actually, these non-studded all-season tires are designed for road use throughout the year.

Please note that such tires can only be used in winter if they have the markings “M+S”, “M&S” or “MS” (which means “Mud & Snow”, that is, in English “mud and snow” ) and although the use of all-season tires in the winter months is not otherwise permitted, there is still no penalty for this.