Penalty for exceeding the allowable mass of the car. Fine for overvaging a cargo car on the axes for physical, legal entities and IP, what to expect the shipper. Who pays a fine for overload

With the help of fines for overvaging trucks, the state is struggling with violators of the legislation establishing the maximum permissible mass motor vehicles When moving them on public roads. The threat of imposing penalties is designed to strengthen the discipline of owners and operators of heavy vehicles so that all cargo participating in the freight market participants comply with the standards established in domestic traffic rules and the rules of cargo transportation by car through the territory of the Russian Federation.

Compliance with the requirements of the legislation must in turn, to reduce the number of overloaded trucks, which during the following on federal and regional highways destroy the road surface and create emergencies, often accompanied by human victims. The media from time to time reports deadly accidents with the participation of overloaded trucks. It greatly worries power, as a result, new fines for overload were introduced. truck carmobile in 2017.

Important remark
At the very beginning, one important information point should be stated. Over the past few months, the Russian transport community is aggravated by the introduction of the Plato system designed to charge a child with car owners with a mass of more than 12 tons. Many drivers and operators immediately came up with an excuse for themselves, they say if I cry in "Plato", I can feel calm about the overload.

Remember!

The "Plato" system and penalties do not relate to each other. As President Putin once expressed, repeating the well-known saying, "flies separately, cutlets separately." That is, the payment of this new duty does not exempt from responsibility for exceeding the allowed mass of a heavy truck vehicle And does not reduce the amount of penalties. Let this clarification be a small brick in the foundation of your legal literacy.

What is considered overload - criteria

Each person appreciates the possibilities of motor vehicles in different ways. That is why one car owner loads it within the normal range, the other - exceeds it, and sometimes several times. In order to understand, this particular vehicle has been overloaded or not, a criteria system has been developed, the analysis of which allows the traffic police inspections to establish the fact of overload.

Resolution of the Russian Government No. 272 \u200b\u200bof April 15, 2011, approved by the rules of automotive freight, establishes the following permissible masses of single vehicles:

• two-axis - 18 tons;
• three - 25 tons;
• four-axle - 32 tons;
• five-axle - 35 tons.

For trailed and saddle tracks, such standards are defined:

• three - 28 tons;
• four-axle - 36 tons;
• five-way - 40 tons;
• six-axle and above - 44 tons.

If the excess of these limit values \u200b\u200bis revealed, the traffic police inspector is a protocol on an administrative offense and charges a fine for overload truck or trailer. The determination of the degree of overload by the actual mass is the main, but not the only criterion.

Load for wheel axes

Not only the gross mass is used to estimate the overloading of vehicles, but also another indicator is the load on the wheels. The calculation of this parameter is required to determine the degree of damage to the roadway and the risk of destruction of the transport trolley, which will entail an emergency.

The axial load is calculated for a particular car, depending on its own mass, the number of axes and wheels type (single or double). Also plays the role of an inter-axial distance, depending on the length of the tractor and trailer. These calculations are usually automated, and on the Internet you can find online calculators for calculating axial loads for auto machines of certain models and all types of trailed techniques.

Depending on the axial loads, all vehicles are divided into two categories - A and B. The first group includes heavy vehicles, the load of which on the axis ranges from 6 to 10 tons. These are heavy tractors such as MAZ, KRAZ and similar to them, which can be moved only to high-speed limitations (I, II and III categories). The group B includes cars with axial load up to 6 tons. it medium-room trucks, minibuses and small mappings.

Thus, the punishment for axial overload can be subject not only to the owners of large trucks. This time concerns all motor vehicle operators. In case of exceeding the axial load, you can get a penalty for overloading gazelles and even a passenger car. Of course, here the struggle is not with the destruction of the roadbed - after all, the car, even overloaded, will not be able to cause asphalt concrete coating of substantial damage. In this case, the control of the load on the axis is carried out to prevent emergency situations, especially in urban conditions.

The owners of small-calm cars and passenger minibuses should not be seduced and feel unacceptable to punish overload. Yes, strictly formally special article in the Administrative Code of the Russian Federation does not exist on this score. However, penalties can be applied if not for a total mass, then on the excess of the load on the axis. In addition, for category B machines, intended for the transport of passengers, an additional overload criterion is the number of passengers in the cabin - the traffic police inspectors are watching very intention.

Actual dimensions of fines for overload trucks in 2017

Let us turn to the most burning point, we will tell you what a fine for overvaging the truck is installed by the authorities this year. Its size is determined by Article 12.21.1 of the Code of the Russian Federation on Administrative Offenses. The amount of penalties depends, first of all, whether permission was obtained for the movement of this cargo car on a particular freeway.

With such a document on the participants of the freight, which made a violation, the following penalties are superimposed (thousand rubles):

Overload	Drivers	Officers	Legal entities	Owners of motor vehicles
2-10%	1-1,5	10-15	100-150
10-20%	3-3,5	20-25	200-250
20-50%	4-5 or deprivation of rights for 2-3 months.	30-40	300-400
sv. fifty%		45-50	400-500

In the event that the permission for transportation was not accounted for, the fines for the overview of the truck in 2017 will be as follows (thousand rubles):

Overload	Drivers	Officers	Legal entities	Owners of motor vehicles
2-10%	1-1,5	10-15	100-150
10-20%		25-30	250-300
20-50%	5-10 or deprivation of rights for 2-4 months.	35-40	350-400
sv. fifty%	7-10 or deprivation of rights to 4-6 months.	45-50	400-500

Note. Under overload means the difference between the actual and permitted mass of the car (the load on the axis).

In addition to the design of penalties, the traffic police inspector can apply more severe punishment - prohibiting the further movement of the vehicle. In this case, the car is either placed on the penalty area, or is blocked using special technical devices.

The overloaded vehicle is delayed until the violation is eliminated. If the load is divisible, then the overload is eliminated by moving its part to another car. With the indivisibility of moved objects, other methods are sought.

Other responsible parties

According to article 12.21.1. Administrative Code of the Russian Federation, not only the employees of the transport company, whose car was "caught" with excess cargo. In accordance with paragraph 8, 9 and 10 of this article, the shipper, which provided the incorrect information about the mass of cargo, which led to congestion, and the firm that carries out loading of transportation facilities on board the vehicle. The maximum fine size for them is 400 thousand rubles.

Violation of traffic rules

And, of course, penalties are superimposed on the driver in a classic situation - when he drove under the sign, limiting the mass of cars in this section of the motorway. At the same time, a penalty of a fixed amount of 5 thousand rubles is charged (paragraph 11 of Article 12.21.1 of the Administrative Code of the Russian Federation).

We clarify that all these punishments are superimposed only if a special permission for a cargo transportation was issued, or the conditions specified in this resolution were violated.

Special permission for cargo transportation

The permit for a cargo transportation is a special document issued by carriers by the owners of the motorways. This is usually federal, regional and municipal authorities of the constituent entities of the Russian Federation. Permission is issued only by one cargo transportation. It specifies information about the vehicle, cargo characteristics, route and transport times.

The document is paid. The size of the permission fee is established by the authorities of the subject of the Russian Federation, in the territory of which the road transport is running. This money goes to compensation for damage to the road linen. The presence of a permit for a cargo transportation determines which penalty for overload will be imposed on participants in this particular cargo transportation. From the above tables it can be seen that when making a document transport companies Save significant cash on the payment of penalties.

The presence of permission is not associated with the "Platon" system. Some carriage market participants mistakenly believe that the preparation of the document frees them from paying this additional tax. This is not true. The contribution "Platon" will have to do anyway.
Weighing to determine the fine for the overview of the truck
The legality of the designation of penalties depends on the correctness of the mass definition. That is why two mechanisms for weighing motor vehicles are introduced - static and dynamic. In the event of controversial situations, one method is complemented to another, which allows reliably to establish the fact of the overload of the car or, on the contrary, to confirm its absence.

For weighing transport, special items are equipped with weight equipment. They may not only be stationary, but also mobile. Modern weight platform is no longer a massive design. Lightweight modifications are produced that can be transported hardly by non-passenger transport and mounted almost anywhere in the route.

Thus, today it is not at all necessary for weighing the car to deviate from the route of cargo transportation. The traffic police station can establish the fact of overload right on the road. If the driver does not agree with the results of such an inspection, then in order to avoid a fine for overvaging the truck, it is entitled to demand re-weighing at a stationary point.

A very important aspect of weighing consists in the error in determining the mass of the vehicle. The legally established permissible deviation is 5% of the measured weight of the machine. In addition, the requirement for weight equipment is the presence of a document on its verification in a specialized metrological laboratory.

Static and dynamic weighing

Static weighing assumes the definition of mass motion standing car. This is the most accurate method. In this method, the machine enters the weight platform and is fixed on it. From the resulting mass of gross, its own weight of vehicles determined by the passport is subtracted. Measurement information is recorded in the memory of the computer and is used in the future to determine the size of the fine for overvaging the truck in 2017. Data can be transmitted via the Internet into a single system of penalty payments for more efficient control.

Dynamic weighing is performed when the vehicle is moving along the platform equipped with special sensors. The speed of movement should not exceed 5 km / h. Sensors successively fix the mass when passing each wheelset. The specialized software according to the special formula, calculates the resulting load on each axis. When calculating the type of transport, the number of axes, the type of wheels and other factors are taken into account.

Is it possible not to pay a fine for overload?

Legal practice shows that it is almost impossible to challenge the decision on recovery. However, such a chance always remains. In any case, legislation does not prohibit the owner of the vehicle to appeal against penalties in court. Since the penalty for the overview of the truck in 2017 is a very large amount, the car owner is advisable at least attempt to cancel punishment.

As before, in 2017, the provision of appropriate objections is given 10 days. The grounds for appealing the penalty may be incorrect in the design of the protocol, as well as the inaccuracy of weighing. Legally competent paperwork may help in resolving this situation.

Fines for overlighted trucks and equipment Plato systems

At the very beginning, we said that the fines for overload in 2017 are in no way related to the Plato system. Yes, it is so, but its equipment can be used for control functions. At a meeting of the Ministry of Transport of the Russian Federation, held on February 27 of the current year, it was decided to create about 400 points by 2021 on the highways of the federal significance, where the automatic weighing of heavy trucks will be carried out without stopping them. At the same time, using the "Plato" cameras will be a photo and video.

Such a mechanism will allow to organize total control of vehicle overload facts. The authorities expect to ensure the fulfillment of obligations to pay fines for overvaging the truck. It remains to hope that the outlined measures will be productive and will increase the discipline of the players of the transport market, and if more wider, then in general, all participants road. As a result, our roads will become more secure and comfortable for movement.

The too loaded vehicle is an essential threat not only for the driver, but also for other participants in motion. And it does not matter, cargo is a car or passenger. Even the road covering suffers from the excess mass of the vehicle. Each car owner should know how the overload is calculated, and understand the degree of responsibility for violating the rules.

Since 2015, regulatory documents relating to cargo transport have undergone some changes. Given the new information, the allowed maximum mass of the vehicle was corrected.

The maximum allowable weight of the cargo TC (road trip) is 44 tons. The load on the axis of any truck is determined, based on the category of roads, which are designed for transparency in weight of the load. Over-free truck will require the driver to obtain the appropriate departure permission. Concerning passenger vehicles also have some limitations. The driver is not entitled to carry in his car passengers more than it is regulated by law.

The impact on the axis of the car, in other words, the axial load is the load on the total mass of the vehicle, which is transmitted to the road with the wheels of each of the axes. With an increased load, the road leat is destroyed. In addition, the brake path of the overloaded car is longer, which can create an emergency on the roads.

It is worth considering the fact that the distribution of the load occurs unevenly: the rear axle accounts for significantly more than on the front. This is connected with a feature of the location of the cargo platform: in the back of the car. When moving in the section of the road, which is equipped with a 3.12 sign, the driver must draw attention to the maximum allowed load on the axis. If the load does not match this, then it is necessary to change the route. Otherwise, the violation will entail a fine for overload. According to the Administrative Code of the Russian Federation (Part 1 of Art. 12.21.1), the amount of administrative recovery is 5,000 rubles.

Transportation rules determine the acceptable mass of the car. You can get acquainted with the information below:

A more complex calculation is subject to permissible axis load. It takes into account the category of the road, as well as the distance between the axes and the type of wheels.

Approximate calculation

Thus, the mass of the vehicle is calculated as the sum of the load indicators over the axes. You can learn a lot of car by looking at the registration certificate. It is more difficult to determine the actual mass of the cargo. To obtain an accurate calculation, you can use a special calculator.

The last two types are:

1. Stationary (RVK).
2. Mobile (PPVK).

Stationary items of weight control are located in a special location where equipment and staff are constantly located.

Its mobile analogue, on the contrary, is equipped based on the van. Such a post has a significant advantage - mobility. Since the weight control point is constantly moving, the owner of the cargo TC is not under the power to reveal the place of its deployment.

The stationary check procedure avoids the overwhelming over the axes. To date, there are two types of weighing:

1. Dynamic.
2. Static.

The first is carried out in the process of moving vehicles, and permissible speed - no more than 5 km / h. To fix measurements, automatic precipitated scales are used, with the help of which the car is raveing \u200b\u200balong the axes. An acceptable error in calculations is 3%.

Static weighing is possible only after stopping the car. A special platform with installed strain gauges allows you to accurately calculate the load and overload along the axes.

Care resolution

In addition, the process of freight is regulated by regulatory legal acts. Thus, when loading along the axes, more than 2% of the permissible permission should be obtained for movement in roads (according to FZ No. 257 of 08.11.2007, paragraph 2 of article 31). To do this, you need to agree on the route and compensate for the damage applied road covering. For the transport of the Armed Forces of Russia, an exception is made.

For transport permission dangerous cargoAccording to paragraph 9 of the Order of the Ministry of Transport of Russia No. 258 (07/07/2012), the following documents are necessary:

1. The appropriate statement of the owner of the vehicle.
2. Photocopy of documents on the vehicle.
3. The distribution scheme of the transported cargo.
4. Technical requirements for transportation.

If the driver has not received a special permit, in addition to imposing penalties, a driver's license can deprive it. This is governed by the Administrative Code of the Russian Federation (part 1, Article 12.21.2)

Installed penalties for overload

What a penalty is provided for overloaded cars, directly depends on the legal category of the owner. This administrative punishment has three levels of responsibility:

• For individuals, a fine of 1,500 - 2,000 rubles is provided.
• Officials will pay more than 15,000 rubles.
• For legal entities The amount of the fine reaches 400,000 rubles.

In addition to direct violation, there may be inaccuracy in the documents: when the real weight of the cargo does not correspond to the declared one. At the same time, the maximum possible load on the axis significantly exceeds the standards. In this case, the size of the established penalty:

• for individual - 5,000 rubles;
• for legal - 50 times more.

The basis for applying the driver of sanctions is the weight control on the road by the traffic police inspector.

The mass of the loaded truck and the load on 1 axis are those parameters that need to be strictly followed. On different roads, the allowed load of the truck is different. Therefore, the driver and the organization owning the vehicle must clearly know the limitations existing on each of the route sections. Overpensation will be the premature destruction of the road cannon, and the risk of an accident with the outstanding out of control heavy car. The fine for overvaging the truck in 2018, what amounts are fined drivers and responsible persons.

Photo: Pixabay.com.

Who is responsible for overloading the cargo TS in 2018

Responsibility for the exception of the maximum mass of all vehicles or the load on each axis on legislation may suffer different subjects.

First of all, this is the driver. For him, minimal fines are envisaged, but they will be minimal in comparison with fines for other subjects that can be punished. One way or another, there are in mind thousands of rubles.

Also finfing may be employees of the carrier company responsible for transportation. Here, the order of the amount of the fine is measured with tens of thousands of rubles.

Still fined can company in general - hundreds of thousand rubles.

Note that IP in this case is equal to the organization, and the fine will be exactly the same.

And finally, the owner of the vehicle can finish. And it does not matter, the organization is either the physical, the amount of the fine will be hundreds of thousands.

The fines on the owner are superimposed if the overload of the TC is fixed by automatic cameras of photo and video phixations. To deal with who drove driving, who was responsible for transportation as a responsible person in the organization, etc., the state will not.

The specific amount of fines will be associated with how overloaded TCs. The greater the percentage of overload from the norm, the greater the amount of the fine.

Photo: Pixabay.com.

What depends the amount of the fine for overload truck

Overload begins from the moment when the maximum allowed mass of the vehicle or the load on 1 axis is exceeded by 2% and more.

TS usually weighed on specialized stationary mass control points. As a rule, on a section of the road, where there is a similar point, all cargo TCs are obliged to pass through specialized weights in a small speed.

Sometimes mobile checkpoints also apply. Specialized platform in this case can be delivered almost on any part of the road.

Overload up to 2% fine is not subject. This figure is laid as an error of the scales at the control points. Thus, if the inspectors try to provoke the driver for a bribe when overloading in a little less than 2%, then the threat of what they will discharge a fine, it does not make sense, since they do not have this right.

The Code of Administrative Offenses in 2018 has the following gradation of the TC overwhelming, in accordance with which the amount of the fine increases:

• 2-10%,
• 10-20%,
• 20-50%,
• over 50%.

Another important point is the possible coordination of the overload. If government agencies issue a separate permit for the transportation of goods with exceeding the permissible mass or a load on the axis, then the overload will be permissible within this coordination.

Thus, if the truck turned out to be heavier than it was allowed, then the penalty will also be imposed.

In this situation, the percentage of overload calculates no longer from the mass resolved in this section of the vehicle or the axis load, and from the limit contained in the resolution.

And penalize in this case begin only if the overload exceeds 10% of the mass or load on the axis specified in the resolution. Overload up to 10% are not subject to fines.

Photo: Pixabay.com.

What fines are for overvaging trucks in 2018

As for fines for drivers for overloading a truck - a table of fines in accordance with the level of overload in 2018 looks like this:

Drivers need to take into account - fines will not be the only perception provided for them. For this violation they can deprive the driver's license.

When overloaded at 20-50%, the deprivation period is 2-4 months, when overloading over 50% - 4-6 months.

Penalties for officials responsible for transportation and allowed access to the road TC with overload, such:

Fines for Yurlitz (enterprises using cargo TC) Such:

Penalties for TC owners, discharged exclusively by fixing the violation of automatic photo and video cameras:

Statistics of the road accident explicitly indicate that extensive cargo cars become a direct threat to the security of all participants in the movement. Overloaded car loses stability and maneuverability, it can suddenly break by changing the trajectory of movement. The transportation of unnecessary passengers in the car can also lead to negative consequences. Therefore, by rules of traffic rules Excess cargo and passengers in the car are considered an administrative offense that provides a fine for overvaging a car.

According to the Administrative Offenses of the Russian Federation, the vehicle overwhelms the axes, which has a negative impact on the roadbed, relates to exclusively trucks. But this does not mean that it is possible to load the passenger car with a cargo or passengers with impunity.

From the point of view of safety of the road, the overview of the passenger car is also dangerous, as is the overload of trucks.

The risk of overload is as follows:

• The car loses stability on the road. Sharp braking can lead to loss of control.
• The center of gravity of the car is shifted. The load on the rear leads to the corners of the turns and provokes the coup of the vehicle or the collision of it with other cars.
• The car with excess cargo "sends", and during the movement hits the bottom and bumper road fabric. And this leads to damage to the surface of the road.

Do not forget that overload negatively affects the condition of the car itself. Excess permissible load has a negative impact on frames, spars and shock absorbers, dramatically reducing their service life.

Excess cargo

Car owners filling out cargo passenger car or seeking to transport large-sized items, often guided solely by their own interests and do not take into account what inconvenience deliver to other participants of the movement. At the same time, the overloaded passenger car is a direct threat to all.

Excess cargo in a passenger car is dangerous for the following reasons:

• The driver is limited to the review, so it cannot control the situation on the side and back of the car.
• The cargo shifts the center of gravity or can suddenly move, which will lead to loss of vestibilities of the vehicle while driving. The car can easily lose control, the brake path will also increase.

Extra passengers

The temptation to put in the salon of the car of extra passengers periodically arises from many drivers, although the limit number of people you can carry in the cabin are clearly spelled out in the car documents.

The regulated number of passengers is established for motion safety reasons. For each in the cabin there is a safety belt, capable of protecting the passenger in case of an accident. Extra people Call over a car passengersAnd also create interference to the driver in the management process.

As the inspector determines the overload "CARBO"

Exceeding the number of passengers in the cabin will definitely attract the attention of the traffic police inspector, and challenge the fine, discharged for this violation, will not be possible. The employee has the right to stop and punish the driver of the car carrying more than four passengers. According to the rules, each passenger during the movement must be recorded by the safety belt. If someone does not have enough belt, this fact is considered a violation and provides for administrative punishment.

A separate moment is the carriage in the cabin minors passengers. Many drivers believe that 5 places in the passenger car are intended for adult passengers, and the child can well be transported on its knees. But according to the rules, children are the same passengers that should be placed on the seat and fasten the safety belt. For children under 12 years old in the car it is necessary to install a special chair ().

The fact of extension transport is installed visually. If the load closes the driver's review, the car sends under the weight of the load and hurts the bumper of the road fabric, or the parts of the cargo protrude beyond the vehicle, than create interference to other participants in the movement, the inspector has the right to stop the vehicle and finfing the driver.

Administrative punishment for overvaging cars

Punishment for overloading TC is charged on the basis of the Code of Administrative District. According to this document, movement on the highway with a cargo exceeding the maximum allowable load for this category TS and / or the interfering driver to fully control the machine is punishable fine in the amount of 500 rubles.

For overlook, people will have to pay twice:

• 500 rubles - punishment for the passenger
• 1000 rubles - punishment for the driver for overload.

Pay a fine for the overlook people in any case will have to the driver, so in a total of the pocket, it must post 1,500 rubles. For the carriage of the child on the knees, the driver will be punished with a fine of 3000 rubles.

Important. The number of people transported above the ground does not affect the size of the fine. Regardless of the number of extra passengers, the fine will be 500 and 1 thousand rubles for the very fact of violation of the rules of transportation of people.

The question is also important, what a fine in 2018 in the event of a passenger carriage in not intended for this place (in the trunk, on the hood, etc.) The size of the fine for this administrative offense is 1000 rubles.

The penalty for overvaging the passenger car is not the most terrible consequences for the driver. Movement on the TC, loaded over the norm, is fraught with unpredictable consequences, therefore, in order to security, it is still not worth it.