Violation of weight control is a fine. What is the amount of the fine for overloading a truck for an individual and individual

28.09.2020

Dear buyers and sellers of nonmetallic materials!

On July 24, 2015, Federal Law No. 248-FZ of July 13, 2015 came into force, which made significant changes to Article 12.21.1 of the Code of Administrative Offenses of the Russian Federation, establishing liability for violation of the rules for the transportation of heavy cargo (including non-metallic materials ).

What has changed in the transportation of sand and crushed stone and what are the norms in force in 2018?

Now responsibility for offenses related to the overloading of the vehicle extends not only to the carrier, but also to the consignor.

Previously, only one participant in the delivery of nonmetallic materials - the carrier - was responsible for the consequences of overloading. The shipper who hired the carrier for delivery might not even know what risks the shipping company faces when transporting non-metallic materials.

After the entry into force of the aforementioned law, the situation has changed dramatically. Now, not only carriers are at risk when transporting sand and crushed stone. Risks are borne by shippers, as well as quarries (transshipments) that load these materials into vehicles.

The table below presents the most important amendments to Art. 12.21.1 Administrative Code of the Russian Federation.

Norms of legislation	Was before July 24, 2015	Valid in 2018
The emergence of liability at the stage of loading the car	Previously, such responsibility was not separately spelled out in the law.	If the legal entity (IE) loading the vehicle has exceeded the permissible total weight or axle load of the vehicle, such a person faces a fine: - for a legal entity - 250-400 thousand rubles; - for individual entrepreneurs - 80-100 thousand rubles.
Shippers' liability	The responsibility of the consignor could only arise if the consignor indicated in the documents inaccurate information about the weight of the cargo (underestimated the weight). For example, if a dump truck was stopped at a checkpoint, in which the actual weight of the cargo was 45 tons, and the waybill indicated 20 tons, then, in addition to the carrier, the shipper was also threatened with a fine. If the consignor indicated the weight of 45 tons on the waybill, then only the carrier paid the fine.	The responsibility of the consignor has been added for failure to indicate in the waybill the number, date and term of the permit for the transportation of heavy cargo, as well as the route of transportation of this cargo. Those. now, if the shipper indicates the true weight of the cargo of 45 tons, but does not indicate information about a special permit for the carriage of this cargo (if this information must be indicated) or the route of movement of this cargo, then the shipper faces a fine.
Responsibility of drivers	In the event of an overload in mass or axles of more than 5%, the driver was threatened with deprivation of rights, regardless of the amount of such excess (5%, 20% or more%).	The driver is in danger of being deprived of his license only if the overload is more than 20%.
Responsibility of individual entrepreneurs	The responsibility of individual entrepreneurs, with rare exceptions, was equated to the responsibility of individuals.	The responsibility of individual entrepreneurs, also with rare exceptions, is equated to the responsibility of legal entities.
Creation of liability for an offense and fines	Liability arose when the weight of the load or the axle load was exceeded by more than 5% of the permissible value. The amount of the fine did not depend on such an excess (for exceeding the control value by 5% and 50%, the same fine was threatened).	The threshold for exceeding the permissible load weight or axle load, at which liability arises, has been reduced - up to 2%. In this case, the penalty now depends on the size of such an excess (the greater the excess, the greater the penalty). The possibility of recording an offense in automatic mode using special technical means (photo, video) is prescribed. In case of fixing such an offense, a fine is threatened legal entity(IP) - to the car owner.

Since the situation with responsibility for these offenses has radically changed, we decided to first tell you in general what overload is, and later, with the help of experts in this direction, to analyze this issue in more detail.

1. TYPES OF VEHICLES FOR TRANSPORTATION OF NONMERAL MATERIALS

Various types of trucks are used to transport non-metallic materials.

By their composition, dump trucks are divided into 2 types:
1) single car;
2) road train(saddle or trailed).

Single truck is one (indivisible) vehicle... In other words, it is a car without a trailer or semi-trailer.

Below are shown the most common types of single vehicles - dump trucks.

Road train- these are two or more connected (articulated) vehicles for the carriage of goods.

Road trains are divided into 2 types:
1) road train(the road train includes a truck tractor and a semitrailer);
2) trailed road train(the road train includes a truck and trailer (s)).

The most common types of tipper road trains are shown below.

Trucks (both single and road trains) can have single axles and close axles (double, triple, etc.).

Single axes cars are located at a distance of at least 2.5 m from each other.
Close axes are at a closer distance and can be combined along 2, 3, 4 or even more axes, forming a so-called "cart".

It is also necessary to talk about the types of automobile wheels.
Dual wheels - wheels with 2 tires installed on one disc at the same time. The disc accordingly has different dimensions compared to a disc for single wheels, on which only one tire is mounted.
Dual wheels are usually installed on the rear axles of trucks and tractors, as well as on semi-trailers.

Shown below are single wheel and dual wheel axles.

2. TOTAL AND PERMISSIBLE VEHICLE WEIGHT

Now let us define the value gross vehicle weight, which is most often used when transporting heavy cargo and gives an initial assessment of the risk of overloading the vehicle.
Full mass TS is the mass of the cargo together with the mass of the vehicle in which this cargo is transported.

Consider example # 1.

There is a road train consisting of:
- a 3-axle truck tractor with a mass of 9 tons;
- dump 3-axle semitrailer weighing 9 tons.

The mass of the road train will be 18 t (9 t + 9 t).
The trucks were loaded with 30 m3 of quarry sand weighing 45 tons.
We get the total mass of the vehicle - 63 t (18 t + 45 t).

Permissible vehicle weight is the maximum permissible gross vehicle weight.

The permissible vehicle weight depends both on the type of truck and on the number of axles installed.

The values permissible weight TS established by the Decree of the Government of the Russian Federation of 15.04.2011 No. 272 "On the approval of the rules for the carriage of goods by car"and are presented in the table below:

Thus, if the gross vehicle mass exceeds the permissible vehicle mass, an overload occurs.

Let's turn again to our example 1. Our road train has 6 axles (3 axles for a tractor and 3 axles for a semi-trailer). We obtain from the table the value of the permissible mass - 44 tons.The total mass of our road train is 63 tons, which significantly exceeds the permissible value ( overload by weight - 19 tons (43%)! ).

3. LOADING ON THE AXLE OF THE VEHICLE

Another equally important benchmark- this is .
is the load transmitted to the road surface by the wheels of one axle of the vehicle.

The gross vehicle mass and axle load are linked by a simple relationship:

Gross vehicle mass = axle load 1 + axle load 2 + .. + axle load N

Consider example # 2.

We put a 2-axle truck tractor weighing 9 tons on a static scale (dual wheels are installed on the rear axle).

The front axle load significantly exceeds the rear axle load. This is due to the fact that the center of gravity of the tractor is strongly displaced towards its front. the heaviest elements of the car are located in it: power unit and a cockpit.

The mass of the tractor is equal to the sum of the loads on the front and rear axles.

Now we hook an empty 3-axle dump semitrailer with the same mass of 9 tons to the tractor.

The mass of the road train is 18 t (9 t + 9 t). This mass is also equal to the sum of the loads on all axles of the road train.
How have the tractor axle loads changed now? The hooked semi-trailer "presses" on the tractor seat with a force of 1.8 t, so the sum of loads on all axles of the tractor increased by 1.8 t and amounted to 10.8 t (9 t + 1.8 t). As can be seen from the example, the main part of the force applied by the semi-trailer to the tractor saddle was transferred to the rear axle of the tractor.

The load on the rear bogie of the semitrailer is 7.2 tons. It can be calculated in 2 ways:
1) add up the loads on all axes of the rear bogie of the semitrailer (2.5 t + 2.6 t + 2.1 t);
2) from the mass of the semi-trailer, subtract the load that is transferred to the tractor seat (9 t - 1.8 t).

Let's load this road train with 30 m3 opencast sand and weigh 45 tons and put it on the scales again.

Now the semitrailer transfers the weight of 16.8 t to the tractor seat and the maximum load in this case falls on the rear axle of the tractor.
For a load of this mass, a 3-axle tractor (with a double axle at the rear) would be more suitable. Then the load on each axle of the rear bogie of the tractor would be reduced by approximately 2 times and would amount to about 8 tons.

The permissible values of the mass and axle load of the vehicle are established by the Decree of the Government of the Russian Federation of April 15, 2011, No. 272 "On approval of the rules for the carriage of goods by road".

Let's get acquainted with the permissible axial loads. They depend both on the type of vehicle axle and on the type of wheels mounted on it.

Permissible axle loads of the vehicle were also established by the Decree of the Government of the Russian Federation of 15.04.2011 No. 272 "On approval of the rules for the carriage of goods by road" and are presented in the table below:

Wheel type, established on the vehicle axle	Axle view	Distance between axles
Wheel type, established on the vehicle axle	Axle view	Distance between axles	For highways, designed for load 6 t / axle	For highways, designed for load 10 t / axle	For highways, designed for load 11.5 t / axle
	single axis	from 2.5 m	5.5 t / axle	9 t / axle	10.5 t / axle
	double axle	up to 1 m	8 t / trolley	10 t / trolley	11.5 t / bogie
		1 - 1.3 m	9 t / trolley	13 t / trolley	14 t / trolley
		1.3 - 1.8 m	10 t / trolley	15 t / trolley	17 t / bogie
		1.8 - 2.5 m	11 t / trolley	17 t / bogie	18 t / trolley
	triple axis	up to 1 m	11 t / trolley	15 t / trolley	17 t / bogie
		1 - 1.3 m	12 t / trolley	18 t / trolley	20 t / trolley
		1.3 - 1.8 m	13.5 t / bogie	21 (22.5 *) t / bogie	23.5 t / bogie
		1.8 - 2.5 m	15 t / trolley	22 t / bogie	25 t / trolley
	4 and more close axes	up to 1 m	3.5 t / axle	5 t / axle	5.5 t / axle
		1 - 1.3 m	4 t / axle	6 t / axle	6.5 t / axle
		1.3 - 1.8 m	4.5 t / axle	6.5 t / axle	7.5 t / axle
		1.8 - 2.5 m	5 t / axle	7 t / axle	8.5 t / axle
Dual wheels	single axis	from 2.5 m	6 t / axle	10 t / axle	11.5 t / axle
	double axle	up to 1 m	9 t / trolley	11 t / trolley	12.5 t / bogie
		1 - 1.3 m	10 t / trolley	14 t / trolley	16 t / trolley
		1.3 - 1.8 m	11 t / trolley	16 t / trolley	18 t / trolley
		1.8 - 2.5 m	12 t / trolley	18 t / trolley	20 t / trolley
	triple axis	up to 1 m	12 t / trolley	16.5 t / bogie	18 t / trolley
		1 - 1.3 m	13 t / trolley	19.5 t / bogie	21 t / bogie
		1.3 - 1.8 m	15 t / trolley	22.5 t / bogie	24 t / trolley
		1.8 - 2.5 m	16 t / trolley	23 t / bogie	26 t / bogie
	4 and more close axes	up to 1 m	4 t / axle	5.5 t / axle	6 t / axle
		1 - 1.3 m	4.5 t / axle	6.5 t / axle	7 t / axle
		1.3 - 1.8 m	5 t / axle	7 t / axle	8 t / axle
		1.8 - 2.5 m	5.5 t / axle	7.5 t / axle	9 t / axle

(*) For vehicles equipped with pneumatic or equivalent suspension.

Let's look at example 2.
Suppose that single wheels are installed on the front axle of the tractor, and dual wheels are installed on the rear axle of the tractor and on all axles of the semitrailer. The distance between the axles of the semi-trailer is 1.31 m.
Let's also assume that the route of our road train goes along the federal highway M1.
We get the following table of standard and actual values of loads on the axle of the road train:

Indicator type	Front axle tractor	Rear axle tractor	1st axis semi-trailer	2nd axis semi-trailer	3rd axis semi-trailer
Axle load (normative value)	10.5 t	11.5 t	8.0 t	8.0 t	8.0 t
Axle load (actual value)	8.3 t	17.5 t	12.7 t	12.8 t	11.7 t
Axle overload	-	6.0 T (52%)	4.7 t (59%)	4.8 t (60%)	3.7 t (46%)

The standard value of the load on each axle of the semitrailer is obtained by dividing the load on the bogie indicated in the table of permissible axle loads (24 t) by 3 (the number of axles in the bogie).
The table shows that the road train has an overload on all axles, except for the front axle of the tractor. There is also an overload by weight - 23 tons (58%).

We receive new standard and actual data of loads on the axle of the road train:

Indicator type	Front axle tractor	1st rear axle tractor	2nd rear axle tractor	1st axis semi-trailer	2nd axis semi-trailer	3rd axis semi-trailer	4th axis semi-trailer
Axle load (normative value)	10.5 t	9.0 t	9.0 t	8.0 t	8.0 t	8.0 t	8.0 t
Axle load (actual value)	8.3 t	9.0 t	8.5	9.3 t	9.4 t	9.5 t	9.0 t
Axle overload	-	-	-	1.3 t (16%)	1.4 t (18%)	1.5 t (19%)	1.0 t (13%)

The standard value of the load on each rear axle of the tractor is obtained by dividing the load on the rear bogie indicated in the table (18 t) by 2 (the number of axles in the bogie). The standard value of the load on each axle of the semitrailer is 8 tons.
As you can see from the table, the overload along the axles of the semitrailer has significantly decreased, and the tractor has no overload along the axles at all.

If we decided to completely get rid of axial overload (for example, pour 10 tons of sand out of the body), there would still be an overload by weight of 9 t (9 t + 9 t + 45 t - 10 t - 44 t) or 9% ...

4. RESPONSIBILITY FOR OVERLOADING OF THE VEHICLE

There are 3 groups of "restraints" for the transportation of non-metallic materials by road:
1) Rules for the carriage of goods by road- the main document regulating the permissible mass and permissible axial loads, which we considered earlier:
2) decisions to temporarily restrict the movement of vehicles on roads taken by local authorities during the spring road closures;
3) prohibiting road signs 3.11. "Limitation of mass" and / or 3.12 "Limitation of the mass per axle of the vehicle".

Responsibility for overloading a vehicle is established by Art. 12.21.1 Administrative Code of the Russian Federation:

Participant in the supply of nonmetallic materials	EXCESSIVE VEHICLE WEIGHT OR AXLE LOADING
	ABOVE THE PERMISSIBLE VALUE OF Gross WEIGHT OR AXLE LOADING (without special permission)				ABOVE THE VALUE OF THE TOTAL WEIGHT OR AXLE LOAD, SPECIFIED IN PERMISSION (with special permission)
	more than 2% and up to 10%	more than 10% and up to 20%	more than 20% and up to 50%	more than 50%	more than 2% and up to 10%	more than 10% and up to 20%	more than 20% and up to 50%	more than 50%
Driver	A fine of 1-1.5 thousand rubles.	The fine is 3-4 thousand rubles.	The fine is 5-10 thousand rubles. or deprivation of rights for 2-4 months.		A fine of 1-1.5 thousand rubles.	The fine is 3-3.5 thousand rubles.	The fine is 4-5 thousand rubles. or deprivation of rights for 2-3 months.	The fine is 7-10 thousand rubles. or deprivation of rights for 4-6 months.
Official responsible for transportation	The fine is 10-15 thousand rubles.	The fine is 25-30 thousand rubles.	The fine is 35-40 thousand rubles.	The fine is 45-50 thousand rubles.	The fine is 10-15 thousand rubles.	The fine is 20-25 thousand rubles.	The fine is 30-40 thousand rubles.	The fine is 45-50 thousand rubles.
Transport company (legal entity or individual entrepreneur)	The fine is 100-150 thousand rubles.	The fine is 250-300 thousand rubles.	The fine is 350-400 thousand rubles.	A fine of 400-500 thousand rubles.	The fine is 100-150 thousand rubles.	The fine is 200-250 thousand rubles.	A fine of 300-400 thousand rubles.	A fine of 400-500 thousand rubles.
Vehicle owner (legal entity or individual entrepreneur) in case of automatic recording of the offense by means of photo recording (video recording)	The fine is 150 thousand rubles.	The fine is 300 thousand rubles.	The fine is 400 thousand rubles.	A fine of 500 thousand rubles.	The fine is 150 thousand rubles.	The fine is 250 thousand rubles.	The fine is 400 thousand rubles.	A fine of 500 thousand rubles.
The consignor (individual) in case of underestimation of the weight of the cargo or failure to indicate in the TTN number, date and period of validity of the special. permissions, route	The fine is 1.5-2 thousand rubles.	The fine is 1.5-2 thousand rubles.	The fine is 5 thousand rubles.	The fine is 5 thousand rubles.	The fine is 1.5-2 thousand rubles.	The fine is 1.5-2 thousand rubles.	The fine is 5 thousand rubles.	The fine is 5 thousand rubles.
The consignor (official) in case of distortion of the weight of the cargo or failure to indicate in the TTN number, date and validity period of the special. permissions, route	The fine is 15-20 thousand rubles.	The fine is 15-20 thousand rubles.	The fine is 25-35 thousand rubles.	The fine is 25-35 thousand rubles.	The fine is 15-20 thousand rubles.	The fine is 15-20 thousand rubles.	The fine is 25-35 thousand rubles.	The fine is 25-35 thousand rubles.
The consignor (legal entity or individual entrepreneur) in case of distortion of the weight of the cargo or failure to indicate the number, date and period of validity of the special. permissions, route	A fine of 200-300 thousand rubles.	A fine of 200-300 thousand rubles.	The fine is 350-400 thousand rubles.	The fine is 350-400 thousand rubles.	A fine of 200-300 thousand rubles.	A fine of 200-300 thousand rubles.	The fine is 350-400 thousand rubles.	The fine is 350-400 thousand rubles.
A legal entity that loads materials into a car	The fine is 250-400 thousand rubles.	The fine is 250-400 thousand rubles.	The fine is 250-400 thousand rubles.	The fine is 250-400 thousand rubles.	The fine is 250-400 thousand rubles.	The fine is 250-400 thousand rubles.	The fine is 250-400 thousand rubles.	The fine is 250-400 thousand rubles.
Individual entrepreneur loading materials into a car	The fine is 80-100 thousand rubles.	The fine is 80-100 thousand rubles.	The fine is 80-100 thousand rubles.	The fine is 80-100 thousand rubles.	The fine is 80-100 thousand rubles.	The fine is 80-100 thousand rubles.	The fine is 80-100 thousand rubles.	The fine is 80-100 thousand rubles.

5. VEHICLE OVERLOAD CALCULATOR ON AXES AND WEIGHT

Carriage of goods by road is a popular and rapidly growing business niche in Russia. However, entrepreneurs, in pursuit of profit, load their trucks to capacity, ignoring the rules road traffic and technical capabilities trucks.

Overloaded long-range attackers severely break the roadway. An overloaded car "eats" more technical fluids and fuel. And, as already mentioned, the road surface deteriorates faster. In order to somehow fight this, the authorities adopted several laws regarding the rules for the passage of trucks on different types routes and the size of fines for violations.

Car overload is determined by the load on each axle: rear plus front. In total, it turns out, transmitted through the wheels to the roadbed. Often the rear axle of a vehicle carries more of the load than the front axle.

Since, in fact, only the cab "presses" on the front axle and lift mechanism, while the rear carries the load. Also, overload quickly wears out parts truck, namely:

saddle lock;
clutch;
gearbox;
brake pads;
rubber;
pendants.

Drivers know there are road signs on some road sections and in front of bridges, restricting the passage of cars by weight, for example 3:12. That is, vehicles whose axle load is greater than indicated on the sign cannot move on a bridge or a section of road after this sign.

If the driver violates this rule, he will be subject to a fine stipulated in the Code of Administrative Offenses, the fifth part of Article 12.21.1. It says that the driver of an overloaded car or truck with or without a special permit, may be fined for driving on roads or bridges not designed for such weight.

Permissible weight of cargo for transport of categories "A" and "B"

There are different categories of tracks that are allowed to ride different groups trucks. For group "A" it is allowed to drive on highways 1, 2, 3 categories (ordinary roads, not expressways, the number of lanes in one direction can be up to four).

For cars of group "A":

More than two m between axles - 10 tons.
Up to two meters - 9 tons.
Up to one m 65 cm - 8 tons.
Up to 1 m 35 cm - 7 tons.
Up to one m - 6 tons.

For group "B" the following standards are established:

Between the axles more than 2 m - 6 tons.
Up to 2 m - 5.7 tons.
Up to 1 m 65 cm - 5.5 tons.
Up to 1 m 35 cm - 5 tons.
Up to 1 m - 4.5 tons.

Fines for exceeding the axle load norm

Accordingly, if the weight of the entire car or the axle load exceeds 2, but less than 10 percent, then the driver, the official who authorized the exit, and the legal entity that owns the car will face overload penalty in size 1000-1500; 10,000-15 thousand and 100,000-150 thousand rubles, respectively.

If the excess weight is more than 10, but less than 20%, then the penalty for overload will be 3000–3500; 20,000-25,000; 200,000-250 thousand rubles. If the mass exceeds the norm by 20, but does not reach 50%, then the fines for overloading the truck will be 4000-5 thousand, or deprivation of rights up to 3 months; 30,000-40,000; for legal entities 300,000–400 thousand rubles.

If axle overload is more than 50%, fines to the driver are 7000-10 thousand or deprivation of rights for up to 6 months; for an official - 45,000-50,000, for a legal entity - 400,000-50 thousand rubles.

If such a violation was recorded using a photo or video, then the amount of the fine will be equal to the upper limit of the fine for the organization that loaded the car. But the carrier will also bear responsibility and payment of fines.

Cases of administrative offenses related to overloading or oversizing, in accordance with the Civil Procedure Code are considered by the courts general jurisdiction.

Judicial practice at the moment, one might say, has already formed and the courts fully satisfy the vast majority of claims against shippers or carriers. Moreover, the appeal against decisions does not give anything.

Why does the law provide for such heavy fines for overloading? This is a way to avoid even greater costs and human losses, since overloading entails:

knocking out the roadway (repair costs, accidents due to holes and cracks in the road);
high chances of accidents when driving on old structures and bridges;
an increase in braking distance, which increases the likelihood of accidents.

The braking distance becomes longer due to the inertia of the load (the heavier the load, the stronger the inertia). And it could be fraught with skidding of the truck, especially in ice or rain. It also matters how well the load is secured.

Because if he moves along the body while driving, it can become cause the truck to roll over and, accordingly, accidents. The driver is responsible for this.

Compliance with the rules for the carriage of goods is monitored by mobile or stationary checkpoints, whose inspectors have the authority to issue a fine and take cars to the car park before payment.

Points equipped with special scales which show the axle load of the truck and the inspector determines if there is an axle overload or not. Weighing a car can be done in two ways:

Without stopping the car. In this case, its speed should not exceed 5 km / h. The measurement error can reach 3%, so this method is not often used.
When the car is stopped. This method gives more accurate results.

If an overload is detected or the dimensions of the cargo exceed the norm, then this will be a violation and the driver have to pay a fine... Even if there is a special permit and, of course, when it is not.

Special permission for heavy, oversized and dangerous goods issued by the executive authorities or the organization subordinate to them, or by the owner of the road along which the cargo follows.

It should be received by the consignor in advance. In the event that obtaining a special travel permit is mandatory or the driver deviated from the route indicated in it, he may also be issued a fine.

In addition, the weight of the cargo must be accurately indicated on the waybills. If the documents indicate a weight that does not exceed the permissible norms, but in reality an overload is determined, the inspector will draw up a protocol and appoint a fine.

And all these troubles go to the driver. More often than not, he has to pay for the fact that his superiors did not complete everything. Required documents properly.

Fines for oversized cargo

For transportation oversized cargo also has its own rules. Bulky cargo is considered to protrude more than one meter from the rear or 10-50 centimeters from each side.

In this case, the cargo must be decorated with special signs that are visible during the day and with reflective elements or lanterns to be visible at night.

This is described in the road traffic regulations. The Administrative Code adds to this that if the dimensions of the cargo are 10-50 cm more than the norm or more than indicated in the special permit, then the inspector of the checkpoint has the right to issue a fine. The range of penalties is the same as above. 1000-400 thousand rubles.

If the amount of the fine is impressive and the driver, of course, cannot pay it, the car will be put in an impound parking lot. And then the shipper will lose time, reputation and possibly the customer. Also incur additional losses the costs of sending another truck in order to share the load: buying fuel, the salary of the second driver, and you may have to pay a penalty to the client for late delivery of the cargo, if such is stipulated by the contract.

The truck of the individual entrepreneur Aleksey was detained by the inspector for overloading along the axle when it was weighed for the third time during the flight. The legislation of the Russian Federation introduced draconian fines for overloading and in order not to go broke on them, you need to know the laws. The article will tell you what you need to know and do in order not to break the rules and not receive fines. In what cases can they be appealed if the fine has already been received.

Cargo transportation rules

Cargo transportation in the Russian Federation is regulated by various laws and regulations. Let's highlight the important points:

the weight of the truck and the axle load must not exceed the limit values specified in the TCP and established by Appendices 1 and 2 of the Government Decree No. 272 “On approval of the Rules for the carriage of goods by road” dated 15.04.2011;
the weight of the cargo is determined by the one who loads the car in the presence of the other party (by the consignor in the presence of the carrier or vice versa), unless otherwise provided by the contract;
the carrier (driver) must control the process of loading, securing and placing cargo in the body;
if the weight exceeds the established norm by more than 2%, you need to issue a special permit, agree on the route of the trip and compensate for the damage caused by the overweight of the roadway. To do this, you need to contact the Rosavtodor of the region from where the transportation route will begin.

What rules did Alexey break

did not check the reliability of fastening the load in the body and the load shifted;
exceeded the axle load.

Consequences of overload

An overloaded vehicle is difficult to drive in difficult weather conditions (ice, wet asphalt) and has an increased braking distances than creates emergency situations on the road.
The roadbed is designed for certain loads and exceeding them damages it.
When braking hard, there is a risk of skidding the rear of the trailer and losing control of the truck, which also provokes an emergency.
The car itself wears out faster.

In this regard, the state, represented by Rostransnadzor and the traffic police, is strengthening control over cargo transportation. On September 2, 2015, the Government approved an Action Plan ("road map") aimed at preventing violations when heavy and (or) large vehicles move on public roads. According to him on Russian roads appeared automatic complexes of weight and size control with the function of photo and video filming. By the end of 2020, 387 such posts will appear on all federal roads.

How automatic scales work

The scales measure the total mass and axle loads of a vehicle moving at a speed of up to 140 km / h. If there is an overload, the system identifies the owner of the vehicle by the car number and checks whether a special permit has been issued, and if it is not there, it automatically issues a fine. Such scales were passed by Aleksey's truck at the first mobile post of weight control. If the system has identified a violation and generated a penalty for overload, the carrier will know about it when it receives it by mail. In the future, automatic weight control points will be supplemented with electronic displays, which will inform the driver on the spot about the results of the check.

Allowable vehicle loading rates

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Recently, the measures taken by the state are clearly visible, aimed at combating the so-called overloads, declaring this to be the need to extend the safety of the road surface and improve road safety. On major highways, automatic weight and dimensional control systems appear, which help employees of the Federal Service for Control in the Field of Transport to determine in the traffic flow vehicles moving with an excess of the maximum permissible mass or the maximum permissible axle load.

The plan of measures (“road map”) approved on September 7, 2015 aimed at preventing violations during the movement of heavy and (or) large vehicles on public roads provides for the introduction of an automated system for weight and dimensional control of heavy and (or) large vehicles, taking into account 100- percentage coverage of federal highways. Simply put, by the 4th quarter of 2020, automated weight and dimensional control posts should appear on all routes.

Federal Law of July 13, 2015 No. 248-FZ "On Amendments to the Federal Law" On Highways and Road Activities in Russian Federation and on amendments to certain legislative acts of the Russian Federation "and certain legislative acts of the Russian Federation in terms of improving the rules governing the movement on roads of heavy and large vehicles and vehicles carrying dangerous goods" in Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, amendments have been made to allow the owners of vehicles to be fined for identified with the help of automatic means fixing excess of the permissible mass or axle load, as well as for exceeding the permissible dimensions.

Who is responsible for the transhipment.

In accordance with paragraphs 1-6 of Article 12.21.1 of the Code of Administrative Offenses of the Russian Federation, liability for exceeding the maximum permissible total mass of a vehicle or the maximum permissible axle load of a vehicle applies to the driver, officials responsible for transportation and to the carrier organization ...

Amount of fines for exceeding the permissible mass or axle load.

The magnitude of the detected excess of the maximum permissible mass or axle load	Driver	Responsible person	Organization
From 2% to 10% (clause 1 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation)	1000 - 1500	10000 - 15000	100000 - 150000
From 10% to 20% (clause 2 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation)	3000 - 4000	25000 - 30000	250000 - 300000
From 20% to 50% (clause 3 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation)	5000 - 10000¹	35000 - 40000	350000 - 400000
More than 50% (clause 6 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation)	7000 - 10000²	45000 - 50000	400000 - 500000

¹ The fine can be replaced by deprivation of rights for a period of 2 to 4 months.

² The fine can be replaced by deprivation of rights for a period of 4 to 6 months.

The amount of the fine for fixing the violation with the help of means that have the functions of photography, filming, video recording, is equal to the lower limit of the fine for organization. In this case, a fine is imposed on the owner or owner of the vehicle.

According to clause 10 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation, for exceeding the maximum total mass or axle load of the vehicle, the organization that loads the cargo into the vehicle is responsible. Violation is punishable by a fine:

for individual entrepreneurs - in the amount of 80,000 to 100,000 rubles;
for legal entities - in the amount of 250,000 to 400,000 rubles.

The basis of liability provided for in paragraph 10 of Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, part 12 of Article 11 of the Charter of Road Transport and Urban Land electric transport, which establishes that legal entities or individual entrepreneurs loading cargo into a vehicle are not entitled to exceed the permissible vehicle mass and (or) permissible axle load of the vehicle, established in accordance with the legislation of the Russian Federation.

To summarize: responsibility for the detected overload is borne by both the carrier and the organization performing the loading(most often this is the shipper). The imposition of a fine on one of the parties to the contract of carriage does not eliminate the liability of the other party. This feature should be taken into account in their activities by both the carrier and the consignor.

The responsibilities of each person involved in the carriage should be dealt with separately.

Carrier's responsibility for transhipment.

The carrier is responsible for excess vehicle weight or permissible axle load in accordance with parts 1-6 and 11 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation. For the carrier, the way in which the violation is recorded is important. So, if an overload is detected by an inspector of Rostransnadzor or the traffic police during raid or planned activities, the following are subject to administrative responsibility:

a) driver;
b) an official;
c) legal entity or individual entrepreneur.

An official is understood to be responsible for the release of a vehicle on the line (mechanic, chief mechanic, engineer for the release of cars on the line). Due to the fact that it is difficult to establish such a person (in fact, this can only be done when conducting an on-site inspection of the carrier), the official is brought to administrative responsibility under Art. 12.21.1 Administrative Code of the Russian Federation is extremely rare.

An individual entrepreneur or a legal entity carrying out activities in the field of transportation of goods bears the greatest responsibility under Art. 12.21.1 Administrative Code of the Russian Federation. The fines provided for by this article are very significant (up to half a million rubles) and, undoubtedly, are disastrous for small and medium-sized businesses. Moreover, more than half of freight traffic in the country is carried out by small and medium-sized carriers with up to 15 units of vehicles or road trains in their own fleet.

If an overload is detected by automatic means of weight and size control, then a fine is imposed on the owner of the vehicle. If the owner is an individual who does not have the status of an individual entrepreneur, he is also subject to administrative liability in the same amount as legal entities or individual entrepreneurs.

The amount of the fine in case of detecting an offense by automated means, in accordance with the Resolution of the Constitutional Court of the Russian Federation dated January 18, 2019 No. 5-P, is assigned in the amount of the smallest fine for a legal entity of the corresponding part of Article 12.21.1 of the Administrative Code of the Russian Federation.

If the owner of the vehicle proves that the vehicle transported cargo for personal needs, he is subject to liability in the amount of the smallest fine provided for an individual of the relevant part of Art. 12.21.1 Administrative Code of the Russian Federation.

A separate part of an administrative offense is the excess of the mass of a vehicle or (more often) axle loads during the period of spring restrictions in the regions of Russia. In this case, the amount of the fine is 5,000 rubles (part 11 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation), unless, of course, the carrier has exceeded the permissible loads established by the Rules for the carriage of goods.

Freight forwarder's responsibility for transhipment.

Due to the ambiguity of legal wording in article 12.21.1 of the Code of Administrative Offenses of the Russian Federation, the inspector of Rostransnadzor can bring to administrative responsibility the forwarder who did not transport the cargo with his own or leased vehicle, but is entered in the 10th column of the bill of lading. Such actions of the inspector should be appealed immediately after the forwarder receives the determination (notification) on the initiation of administrative proceedings against him.

The procedural passivity of the freight forwarder can cost him a significant fine (up to half a million rubles), therefore, if you received became the subject of an administrative investigation under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, immediately contact a competent lawyer.

Shipper's responsibility for transhipment.

The consignor bears administrative responsibility for exceeding the total mass of the vehicle or permissible axle loads in accordance with Part 10 of Art. 12.21.1 Administrative Code of the Russian Federation. The obligation of the consignor not to exceed these norms is established by Part 12 of Art. 11 of the Charter of road transport.

The legislator differentiated the amount of the fine depending on the organizational and legal form of the shipper. So, for legal entities, the amount of the fine varies from 250 to 400 thousand rubles, for individual entrepreneurs - from 80 to 100 thousand rubles.

The inspector determines the person liable under Art. 12.21.1 Administrative Code of the Russian Federation, according to information from the 1st and 6th sections of the bill of lading. The consignor receives a notice (determination) on the initiation of administrative proceedings against him. In the document, the inspector points out the need to provide explanations on the merits of the committed offense, as well as provide the documents necessary for a comprehensive and correct consideration of the case.

If the vehicle carries goods from several consignors, the last of them shall be liable.

Maximum permissible weights and axle loads of vehicles.

Government Decree No. 272 of 15.04.2011 “On Approval of the Rules for the Carriage of Goods by Road” contains Appendix No. 1, which sets the maximum permissible vehicle weight. In turn, this application can be divided into two parts: the maximum permissible weights of single vehicles and the maximum weights of semitrailer and trailed road trains. The maximum permissible weights are established depending on the number of axles of the vehicle.

Appendix No. 2 to the Rules for the carriage of goods by road establishes the maximum permissible axle loads of the vehicle, which in this case are differentiated depending on the calculated permissible load of the road along which the vehicle is moving. This appendix was revised four times: December 30, 2011, January 9, December 27, 2014, and May 18, 2015.

Appellate ruling The Supreme Court RF of 05/17/2016 No. APL16-142 invalidated the third and fourth lines of the second column of Appendix No. 2 to the Rules for the carriage of goods by road, approved by the Decree of the Government of the Russian Federation No. 272 of April 15, 2011, in the part that allows an ambiguous interpretation of the range of distance values between the close axes from 1 to 1.3 meters (inclusive) (third row of the table) and from 1.3 to 1.8 meters (inclusive) (fourth row of the table).

It should be noted that the maximum axle loads for highways designed for an ultimate load of 6 tons apply only if there is an established road sign or in the presence of published information on the official website of the owner of the road. At the same time, the Russian legislation does not contain a definition of the term “official site”.

Spring and summer axle load limits.

In the spring and summer, restrictions are introduced in the Russian Federation for freight transport by ultimate axial loads. The purpose of the introduced restrictions is to protect the road surface from increased wear during floods and high temperature air. By the way, in European countries (Germany, Austria, Poland, etc.), such restrictions are introduced only in case of emergencies - floods, abnormally high temperatures above 40 ° C, etc.

For several years in a row, spring restrictions on federal highways have not been introduced. However, the current legislation (part 2.1 of article 30 of the Federal Law of 08.11.2007 No. 257-FZ "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation") allows local authorities to introduce restrictions or bans on regional and municipal roads.

The essence of the introduction of spring and summer restrictions is not in replacing the maximum permissible axle loads from Appendix No. 2 to Government Decree No. 272 dated April 15, 2011 “On Approval of the Rules for the Carriage of Goods by Road” with other values, but in the introduction of an additional restriction on regional roads. The main problem for carriers is that it is often not easy to track down all the restrictions imposed by regional authorities on the route of a loaded vehicle along the route. Each region of Russia has its own department, which is responsible for the introduction of such a restriction, moreover, information about the adopted law (resolution, order, decree) is published exclusively in local publications and on the website of the relevant department.

Usually the publication takes place in doc (docx) format or in pdf with the function of searching for text in the document, but in some cases it is published on the website of the department normative act with scanned text in pdf format. Search engines are not able to independently recognize text in such documents, therefore they do not display this document in search results. This makes it very difficult to find information that is extremely important for the carrier.

The problem of carriers' awareness of the introduction of seasonal restrictions could be solved by a federal information portal (it is possible not to create it from scratch, but to create a corresponding section on the Rosavtodor website), but ... we have what we have.

Responsibility for exceeding the permissible load by an individual entrepreneur.

Separately, I would like to draw the attention of carriers and shippers registered as individual entrepreneurs on the fact that for violations under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, they are liable on an equal basis with legal entities.

A common misconception that entrepreneurs are liable for exceeding the permissible loads in the amount provided for officials is due to the presence in the footnote to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation with the following wording: “Persons who carry out entrepreneurial activities without forming a legal entity who have committed administrative offenses shall bear administrative responsibility as officials, unless otherwise established by this Code”.

However, in the footnote to Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation states that for the administrative offenses provided for by this article, persons engaged in entrepreneurial activities without forming a legal entity are administratively liable as legal entities.

The car is registered to an individual.

If the owner of the truck in the TCP and the vehicle registration certificate is an individual who has the status of an individual entrepreneur, will this person be subject to administrative liability under Art. 12.21.1 Administrative Code of the Russian Federation?

Yes, it will.

If the excess of the permissible load is recorded by automatic means, the fine is sent to the owner, regardless of whether he has the status of an individual entrepreneur. In the event that an overload is revealed by an inspector of the traffic police or Rostransnadzor, the entrepreneur (owner) will be held liable in the amount provided for legal entities.

Why is that? Until April 2017, the registration of vehicles belonging to individual entrepreneurs was carried out to an individual (that is, without the prefix “IP” in front of the owner's name). Clause 12 of the Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 No. 1001 "On the procedure for registering vehicles ..." it was established that the registration of vehicles belonging to individuals registered as individual entrepreneurs is carried out in the manner prescribed by these Rules for the registration of vehicles for individuals.

However, by Order of the Ministry of Internal Affairs dated March 20, 2017 No. 139, the above paragraph was excluded. Now the owner, having the status of an individual entrepreneur, can choose in what capacity to register the car - an individual entrepreneur or an individual.

An inspector of the State Traffic Safety Inspectorate or Rostransnadzor, when resolving the issue of bringing the owner of the car to administrative responsibility according to the rules provided for legal entities, requests information from USRIP about his status as an individual entrepreneur. Based on the information received, the inspector makes a decision to initiate administrative proceedings.

Excess axle load when transporting a divisible load.

When transporting divisible cargo (cargo that can be placed on 2 or more cargo places without loss of consumer properties or risk of damage), a situation may arise in which the axle load will be exceeded, but not the permissible vehicle mass. This applies mainly to the transportation of inert (crushed stone, gravel, sand) and bulk (fuel, oil, technical and food liquids) cargo. It is logical that when transporting such goods, the carrier (driver) is not able to control the movement of the cargo in the body of the vehicle, as a result of which it can shift uncontrollably, thereby increasing the axle load. Obviously, the total mass of the vehicle in this case will remain unchanged.

Despite the fact that the current legislation of the Russian Federation does not completely exclude the carrier's liability for exceeding axle loads when transporting bulk and liquid cargo, courts in a number of regions accept the relevant arguments and cancel the traffic police decisions due to the lack of an administrative offense. Such cases are subject to the jurisdiction of the courts of general jurisdiction, in which the principle of uniformity of judicial practice is not always observed at the proper level, but, despite this, the lawyers of our company successfully protect carriers from such penalties.

Who pays the fine - the tenant or the landlord?

One of the fundamental principles of law is to bring to justice the perpetrator of an offense. If the vehicle is leased, then its operation and commercial use is carried out by the lessee. He also bears the risks and responsibility for the commission of offenses, in particular those provided for in Art. 12.21.1 Administrative Code of the Russian Federation. The lessor does not have the right to instruct the lessee how to dispose of the leased property (in this case, a vehicle), therefore the lessor cannot be brought to administrative responsibility for the offenses committed by the lessee.

This position is contained in Art. 2.6.1 Administrative Code of the Russian Federation:

1. To administrative responsibility for administrative offenses in the field of road traffic and administrative offenses in the field of landscaping, provided for by the laws of the constituent entities of the Russian Federation, committed with the use of vehicles, in the case of fixing these administrative offenses by working in automatic mode with special technical means that have the function of photo- and filming, video recording, or by means of photographing and filming, video recording, the owners (owners) of vehicles are involved.
2. The owner (owner) of a vehicle is released from administrative liability if, in the course of considering a complaint against a resolution in a case on administrative offense issued in accordance with part 3 of Article 28.6 of this Code, the data contained in it will be confirmed that at the time of fixing the administrative offense the vehicle was in the possession or in use of another person, or at that moment had been removed from its possession as a result of illegal actions of others persons.

If they are trying to prosecute you under Art. 12.21.1 of the Code of Administrative Offenses, but at the same time you leased the vehicle, you should challenge the decision. Contact us, we will help.

Control weighing. Detention of a vehicle upon detection of overload.

There is a common misconception that if, according to the results of control weighing, the absence of overload is revealed, then the carrier and the shipper are not subject to administrative liability. This is not true. To understand why the control weighing of a vehicle with a detected excess of the permissible total mass or axle load is used, we turn to Art. 27.13 of the Administrative Code of the Russian Federation.

From part 1 of this article it follows that “In order to prevent violations of the rules of operation, use of a vehicle and driving a vehicle of the corresponding type, provided for<...>parts 1-6 of article 12.21.1<...>of this Code, the detention of a vehicle is applied, that is, the exclusion of a vehicle from the process of transporting people and goods by moving it with the help of another vehicle and placing it in the nearest specially designated guarded place (to a specialized parking lot), and storage in a specialized parking lot until the reason for the detention is eliminated ”.

In other words, if the inspector of the State Traffic Safety Inspectorate or Rostransnadzor, as a result of weighing, determines that the axle load or the total mass of the vehicle is exceeded, he has the right to detain the car until the reason for the detention is eliminated. The reason for the detention is the excess of the load. The excess load can be eliminated in the following ways:

Redistribute the load in the body of the vehicle (if an excess of the axle load is detected).
Transfer a part of the cargo to another vehicle (if the vehicle's permissible weight is exceeded).
Obtain a special permit for the transportation of heavy cargo.

After completing one of the first two listed actions, the inspector is obliged to make sure that the offense under Art. 12.21.1 KRFoAP, fixed. For this, check weighing is performed. If it shows that there is no more excess of the total mass or axle load, the inspector authorizes further movement.

This does not negate the fact that the offense took place. The fact of the offense was recorded by the weighing act and the protocol on an administrative offense against the driver.

Reimbursement of losses for overloading the vehicle by the consignor.

Clause 3 of Article 35 of UATiGNET establishes the responsibility of the consignor for failure to indicate special marks in the waybill or precautions necessary for the carriage of goods, or for distortion of information about the properties of the goods in the amount of 20% of the freight charge. Payment of the fine does not relieve the shipper from compensation for damage caused to the carrier by such violations. Thus, in the event that the consignor incorrectly indicated the weight of the cargo in the bill of lading, the carrier has the right to demand that he pay a fine and compensate for the damage, which may include:

fine for violation of the maximum permissible vehicle weight;
payment for the stay of the vehicle at a special site (parking lot);
payment for the inflicted road harm.

Compensation for damage refers to measures of civil liability, therefore, its application is possible only if there are conditions of liability stipulated by law. Demanding to pay a fine and compensate for damage incurred due to the indication by the consignor of incorrect information about the weight of the cargo, the carrier is obliged to prove:

the fact of distortion of information;
the presence and amount of damage incurred;
a causal relationship between legal relationship and damage.

To prove the fact of distortion of information about the weight of the cargo, the carrier is obliged to weigh the cargo separately and separately the vehicle with prior written notification to the consignor and receive a weighing certificate in his hands. Only in this way will it be established that:

the excess of the permissible vehicle weight was admitted due to the consignor's dishonest behavior;
there were no foreign objects in the cargo compartment of the vehicle that could lead to an excess of the permissible vehicle weight.

The presence of only one act of weighing a vehicle with cargo will not be sufficient to prove the fact that the shipper has distorted information about the weight of the cargo in the bill of lading for obvious reasons.

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

Exceptions to this rule are cases in which violation of the maximum permissible loads is imputed to the owner of the car, who at the time of the administrative violation transferred the vehicle into the possession of another legal entity, entrepreneur or citizen, as well as cases in which excess of the permissible axle load is imputed to the carrier who transported the divisible cargo.

The specialists of our company help carriers and shippers to challenge unreasonable administrative fines and claims for compensation for damage caused to road surfaces. The result of the provision of the service is a ruling on the termination of proceedings in an administrative offense case or a court decision canceling the ruling made.

Responsibility for overloading a truck in 2017

Federal Law of July 13, 2015 No. 248-FZ "On Amendments to the Federal Law" On Roads and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation "and certain legislative acts of the Russian Federation in terms of improving the norms regulating the movement on roads of heavy and large vehicles and vehicles carrying dangerous goods "in Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, amendments have been made to allow the owners of vehicles to be fined for the excess of the permissible mass or axle load detected using automatic fixation means, as well as for exceeding the permitted dimensions.

Who is responsible for the transhipment.

Amount of fines for exceeding the permissible mass or axle load.

The magnitude of the detected excess of the maximum permissible mass or axle load	Driver	Responsible person	Organization
From 2% to 10% (clause 1 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation)	1000 - 1500	10000 - 15000	100000 - 150000
From 10% to 20% (clause 2 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation)	3000 - 4000	25000 - 30000	250000 - 300000
From 20% to 50% (clause 3 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation)	5000 - 10000¹	35000 - 40000	350000 - 400000
More than 50% (clause 6 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation)	7000 - 10000²	45000 - 50000	400000 - 500000

¹ The fine can be replaced by deprivation of rights for a period of 2 to 4 months.

² The fine can be replaced by deprivation of rights for a period of 4 to 6 months.

The amount of the fine for fixing the violation with the help of means that have the functions of photographing and filming, video recording, is equal to the upper limit of the fine for organization. In this case, a fine is imposed on the owner or owner of the vehicle.

for individual entrepreneurs - in the amount of 80,000 to 100,000 rubles;
for legal entities - in the amount of 250,000 to 400,000 rubles.

The basis of liability provided for in paragraph 10 of Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, part 12 of Article 11 of the Charter of Road Transport and Urban Land Electric Transport, which establishes that legal entities or individual entrepreneurs loading cargo into a vehicle are not entitled to exceed the permissible vehicle weight and (or) permissible load on the axle of the vehicle installed in accordance with the legislation of the Russian Federation.

To summarize: both the carrier and the organization performing the loading (most often the consignor) are responsible for the detected overload. The imposition of a fine on one of the parties to the contract of carriage does not eliminate the liability of the other party. This feature should be taken into account in their activities by both the carrier and the consignor.

Maximum permissible weights and axle loads of vehicles.

The appeal ruling of the Supreme Court of the Russian Federation of 05/17/2016 No. APL16-142 invalidated the third and fourth lines of the second column of Appendix No. 2 to the Rules for the carriage of goods by road, approved by the Government of the Russian Federation No. interpret the range of values of the distance between the close axes from 1 to 1.3 meters (inclusive) (third line of the table) and from 1.3 to 1.8 meters (inclusive) (fourth line of the table).

It should be noted that the maximum axle loads for highways designed for a maximum load of 6 tons are applied only if there is an installed road sign or if there is published information on the official website of the owner of the highway. At the same time, the Russian legislation does not contain a definition of the term “official site”.

Spring and summer axle load limits.

In the spring and summer in the Russian Federation, restrictions are introduced for freight transport in terms of maximum axle loads. The purpose of the introduced restrictions is to protect the road surface from increased wear during floods and high air temperatures. By the way, in European countries (Germany, Austria, Poland, etc.), such restrictions are introduced only in case of emergencies - floods, abnormally high temperatures above 40 ° C, etc.

The essence of the introduction of spring and summer restrictions is the replacement of the maximum permissible axle loads from Appendix No. to the Government Decree No. 272 of April 15, 2011 “On Approval of the Rules for the Carriage of Goods by Road” with other values. The main problem for carriers is that it is often not easy to track down all the restrictions imposed by regional authorities on the route of a loaded vehicle along the route. Each region of Russia has its own department, which is responsible for the introduction of such a restriction, moreover, information about the adopted law (resolution, order, decree) is published exclusively in local publications and on the website of the relevant department.

Usually, the publication takes place in doc (docx) format or in pdf with the function of searching for text in the document, but in some cases, a regulatory act with scanned text in pdf format is published on the agency's website. Search engines are not able to independently recognize text in such documents, therefore they do not display this document in search results. This makes it very difficult to find information that is extremely important for the carrier.

Responsibility for exceeding the permissible load by an individual entrepreneur.

Excess axle load when transporting a divisible load.

Who pays the fine - the tenant or the landlord?

This position is contained in Art. 2.6.1 Administrative Code of the Russian Federation:

1. To administrative responsibility for administrative offenses in the field of road traffic and administrative offenses in the field of landscaping, provided for by the laws of the constituent entities of the Russian Federation, committed with the use of vehicles, in the case of fixing these administrative offenses by working in automatic mode with special technical means that have the function of photo- and filming, video recording, or by means of photographing and filming, video recording, the owners (owners) of vehicles are involved.
2. The owner (owner) of a vehicle is released from administrative liability if, in the course of considering a complaint against a decision on an administrative offense, issued in accordance with part 3 of Article 28.6 of this Code, the data contained in it is confirmed that at the time of fixing an administrative offense, the vehicle was in the possession or in use of another person, or by this time was out of his possession as a result of illegal actions of other persons.

Control weighing. Detention of a vehicle upon detection of overload.

Redistribute the load in the body of the vehicle (if an excess of the axle load is detected).
Transfer a part of the cargo to another vehicle (if the vehicle's permissible weight is exceeded).
Obtain a special permit for the transportation of heavy cargo.

After completing each of these actions, the inspector is obliged to make sure that the offense under Art. 12.21.1 KRFoAP, fixed. For this, check weighing is performed. If it shows that there is no more excess of the total mass or axle load, the inspector authorizes further movement.

This does not negate the fact that the offense took place. The fact of the offense was recorded by the weighing act and the protocol on an administrative offense against the driver.

Reimbursement of losses for overloading the vehicle by the consignor.

fine for violation of the maximum permissible vehicle weight;
payment for the stay of the vehicle at a special site (parking lot);
payment for damage caused to the motor road.

the fact of distortion of information;
the presence and amount of damage incurred;
a causal relationship between legal relationship and damage.

the excess of the permissible vehicle weight was admitted due to the consignor's dishonest behavior;
there were no foreign objects in the cargo compartment of the vehicle that could lead to an excess of the permissible vehicle weight.

Responsibility for overloading a truck in 2017

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

Specialists of our company help for carriers and shippers to challenge unreasonable administrative fines and claims for compensation for damage caused to road surfaces. The result of the provision of the service is a ruling on the termination of proceedings in an administrative offense case or a court decision canceling the ruling made.

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