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Riding on summer tires in winter, what a fine. What is the penalty for driving without winter tires? Technical requirements for winter tires

09.12.2021

One of the main factors affecting road safety is the technical condition of the vehicle. In particular, due to the climatic conditions in the Russian Federation, the majority of motorists in our country have to change the tires of the car wheels, alternately using summer and winter tires. What does the law on winter tires say - what are the requirements for equipping a vehicle during the cold season, is it possible to use exclusively all-season tires and what rules have come into force on November 1 of this year?

Basic requirements and provisions of the law

The adopted bill regulating the use of winter tires contains the following data:

  • The specific concept of winter tires and its main characteristics. Moreover, such characteristics directly depend on the type of vehicle and its carrying capacity;
  • Traffic police officers have the right to fine motorists only if the technical characteristics of the rubber they use do not correspond to those laid down for the current season;
  • There may be no punishment in the form of a fine at the discretion of the traffic inspector - if there is a slight inaccuracy, you can limit yourself to making a comment;
  • There is no such thing as “all-season tires” in the legislative act. When using certain tires in summer and winter, the tire markings and their specifications are taken into account.

Today, there is no fine for using summer tires in winter, however, according to technical regulations, for driving a car that does not meet road safety requirements, a driver can be fined for using bald tires (i.e., for non-conformity of the tread). The penalty is provided for by Part 1 of Art. 12.5 Administrative Code and is equal to 500 rubles.

Mandatory use period for winter tires

The adopted law on studded tires caused a lot of questions and misunderstandings - when is it still necessary to carry out a seasonal tire change in order to avoid the danger of being prosecuted and fined?

If we talk about the timing of replacing tires with winter ones, then the requirements according to the text of the law in force, taking into account the amendments, are formulated as follows:

  • It is forbidden to use tires with anti-skid spikes in the summer;
  • It is forbidden to operate vehicles that are not equipped with winter tires that fully meet the requirements for them in the winter season;
  • According to the regulations, vehicles must be equipped with winter tires for a period of 3 winter months (from December 1 - March 1) and summer tires for a period of 3 months (June - August). In some regions of the Russian Federation, according to the changes introduced by the executive authorities, such norms may be shifted towards their increase or decrease. For example, for Moscow from November 1. Such a wording is exclusively related to the peculiarities of the climate in each region - in some areas winter tires may not be in demand at all, and in others, on the contrary, its presence is required on a vehicle all year round.

Requirements for winter tires

In order not to get into a mess, you should understand exactly which tires, from the point of view of existing standards, can be regarded as winter tires. So, characteristics that winter tires must meet, the following:

  • The minimum tread depth of a tire is 4 mm;
  • The corresponding marking to be applied to the tires is a figure representing a 3-peak peak with a snowflake depicted in the center and its letter designation - M & S, M + S or M S;
  • Lack of visible violations and damage to the tire. Such violations can include delamination of the coating, cuts and punctures, obvious tears, separation of layers along the side parts of the tires;
  • No cracks in the disks, even if the tire itself is in full compliance with all the requirements;
  • Missing part of the mounts on the discs (bolts or nuts);
  • It is forbidden to install on one axle of a car (front, middle, rear, etc.) winter tires that differ in design, their design, model or type, degree of wear;
  • The motorist is obliged to ensure that all wheels of his vehicle have winter tires that meet the requirements. For example, if there are winter tires on three disks, and summer tires on one, such a violation is already equated to driving a vehicle without winter tires.

Separate points that are of interest to vehicle owners is whether it is possible to drive a car in the winter season, which uses so-called "Velcro" or all-season tires as tires. In the event that such tires meet the necessary requirements in terms of their technical parameters and have the appropriate marking, then their use is not considered a violation.

It should be understood that riding on tires in winter that do not meet the required requirements may be fraught with a fine of 500 rubles. Even if this amount is not significant for you, you should not neglect the safety guarantee that such tires provide due to their better grip on the slippery road surface in the cold season.

Video: Has a law on winter tires been passed?

There are car tires designed for winter and summer, as well as all-season. But it is not always clear when and what to use in order not to become a violator. The issue of tires for cars is partially regulated by the "Technical Regulations of the Customs Union". But he does not fully clarify the situation.

Read in this article

When to use winter tires

The right tires for your car is one of the safety factors. The standards for use in different seasons are in Appendix 8 of the "Technical Regulations of the Customs Union". In accordance with it, you cannot drive a car with winter tires in the summer (from June to August). And we are talking only about studded tires that can damage the roadway in the heat. If the rubber does not have these protrusions, but it is winter, the law allows the vehicle to be operated with it in the summer.

In addition, the climate and weather in Russia are very different, sometimes differing from the average static for each region. Therefore, local authorities may extend the ban on the use of winter studded tires. For example, it can be opened in May and finished in November, which happens in many regions.

There are also special features in the use of summer tires. They are intended for driving from June to August inclusive. The period in which they cannot be used can theoretically be extended by legislators in the region, but not reduced. Prolonging the ride on summer tires by increasing the period of the ban on winter tires. Thus, the first legally can be used longer, for example, from May to October-November.

In a word, while the drivers have the opportunity to decide for themselves when to "change the shoes" of the car, and they do it according to the weather. In most regions, summer tires are replaced with winter tires from September to mid-November. And their use lasts, if necessary, not only in winter, but also in March, April.

Features of driving an all-season

There are car tires that can be safely used at any time of the year. But there are some nuances here.

There are no restrictions on the use of vehicles with all-season tires in the summer months. But to use such tires from December to February, they must have a special marking, in which there are different variations of the letters M and S. Otherwise, all-season tires will become a reason for nit-picking by the traffic police to the owner of the car.

Penalty for driving on winter tires in summer and in winter on summer tires

The punishment for using a faulty car is governed by article 12.5 of the Administrative Code, part 1. But there it is a violation of the "Basic provisions for admitting a vehicle to operation ...", in particular, there is a reference to the "List of faults and conditions under which the operation of the vehicle ends." And in these documents there is no mention of the inadmissibility of using summer tires in winter or winter tires in the warm season. That is, in fact, such an untimely use of rubber is not considered a malfunction.

Therefore, it will not be possible to "sew" the driver of a car with summer tires in the winter period article 12.5. And there is no other suitable section in the Code for this, which means that there is no punishment for failure to comply with the "Technical Regulations ...".

But do not forget about the repeated attempts by lawmakers to correct the oversight. Several times there were proposals to amend the Code of Administrative Offenses concerning the fine for non-compliance of car tires with the season and weather. The payment from the offender was supposed to be made in 2000 - 5000 rubles. So far, these attempts have failed. But you need to follow the legislation in this area, it is possible that it will change.

And yet there is a fine for rubber in the Administrative Code, and it is under Article 12.5. A penalty is imposed if it is worn out. This is determined by the size of the depth. It must correspond to a certain number, which is indicated in paragraph 5.1 of the Appendix to the "Technical Regulations ...":

"Remaining tread depth of winter tires intended for operation on icy or snow-covered road surfaces, marked with a sign in the form of a mountain peak with three peaks and a snowflake inside it
, as well as marked with signs "M + S", "M&S", "M S" (in the absence of wear indicators), during operation on the specified surface is no more than 4 mm. "

If the tread is worn out, the driver of such a vehicle will receive a warning or pay 500 rubles. fine. Indeed, in this case, the state of the car will not meet the safety requirements necessary for its use.

Is it possible to get a punishment from the traffic police for studded / non-studded tires

Information about when it is impossible to use a car with studded tires is in paragraph 5.5 of Appendix 8 "Technical Regulations of the Customs Union ...":

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

But here, too, there is a paradox: the prohibition exists, and there is no punishment for ignoring it. And yet the driver has a chance of being fined for studded tires. This will happen if it is like this only on the front or only on the rear wheels. Indeed, in this case, clause 5.5 of the "Basic provisions for the admission of the vehicle ..." works, which considers it a violation when:

“Tires of various sizes, designs (radial, diagonal, tube, tubeless), models, with different tread patterns, frost-resistant and non-frost-resistant, new and remanufactured, new and with a deep tread pattern are installed on one axle of the vehicle. The vehicle has studded and non-studded tires. "

A similar difference falls under article 12.5 of the Administrative Code. And the driver will pay a fine of 500 rubles, and if he is lucky, he will only receive a warning.

For the tire penalty, see this video:

Why is it worth changing your car according to the season

The absence of sanctions for summer tires in winter and for those intended for the cold season in the warm season is not a reason not to watch the tires. Their characteristics and condition are important for safety:

  • Summer tires are quite soft and flexible. But at low temperatures, it loses its plasticity, becomes coarser and tougher. This interferes with the proper traction of the wheels. The machine becomes less stable even if the tarmac is left open. A car with summer tires slides even more strongly on snow, ice and wet roads. This significantly increases the risk of road accidents.
  • Winter tires in the warm season becomes softer than necessary, while driving, they are literally imprinted on the road. From this, tires wear out faster, and the car is harder to drive. The road surface also suffers, especially if the car is oversized and the tires are studded.

It is prohibited to ride winter tires in summer. And we are talking specifically about the summer months: June, July and August. But there are nuances when you can run into a fine for this, and in what cases it can be avoided without losing the increased risk of getting into an accident due to seasonality mismatch. And now let's talk about exactly which laws regulate the seasonality of the use of winter and summer tires and what penalties are provided for the non-compliance of tires with the season.

What do the traffic rules say?

They say absolutely nothing useful about the direct answer to our main question. Traffic rules regulate the condition of tires and wheels, as well as the combination of their use on different axles.

But whether it is possible to ride on winter tires in summer, as well as the possibility of using summer tires in winter, is regulated by the Technical Regulations of the Customs Union " On the safety of wheeled vehicles"It is he who prohibits the use in the summer months of tires marked as winter, but only studded.

5.5. It is prohibited to operate vehicles equipped with tires with anti-skid spikes in the summer period (June, July, August).
....
The terms of the prohibition of operation can be changed upwards by the regional government bodies of the member states of the Customs Union.

Thus, you can ride winter tires in summer if they are not studded, but studded tires are prohibited.

What's with my region?

As you can see from the quote above, each region can change the timing of the ban on winter tires in summer. You can find out on the websites of the administrations of your regions or on the website of the government of the subject. But at the moment, not a single region has changed these dates, despite the difference in climates in our large country.

What is the fine?

Here's the good news! Despite the direct ban on driving a vehicle with winter tires in the summer, there is no punishment for this in 2020: no fine, no prohibition of operation, no other sanctions from the Administrative Code.

If a traffic police officer is trying to "dissolve" you, ask to indicate a specific article of the Administrative Code. In any case, it is indicated in the resolution and protocol - this obligation is regulated by the Administrative Code. And in the Code of Administrative Offenses there is an article - 12.5, part 1, which provides for a fine of 500 rubles for driving under conditions under which such driving is prohibited.

But this article has a direct reference to traffic rules, and in the latter there is no prohibition. We have already mentioned above that such a ban is contained in the Technical Regulations.

What can a fine be issued for?

But there are other requirements for rubber - specifically, even for winter tires, because at the moment you are using it. We have detailed how winter and summer tires formally differ in another article about summer tires in winter. In short, this is the marking of a snowflake in a mountain with three peaks, or the value "M + S", "M&S", "M S".

This is how it looks:

That is, even if the tires are even studded, but there is no indicated marking, then formally you do not violate anything.

So, all the requirements for winter tires, for which a fine can be issued, are regulated by traffic rules, specifically, section 5 Basic faults (Appendix to traffic rules). Let's list them:

  1. tread depth of at least 4 mm (and it doesn't matter that you use winter tires in the summer, a lower residual depth is prohibited specifically for those marked as winter tires); but the requirement is relevant only if the tires do not have wear indicators. If there is, then, according to these indicators;
  2. the rubber is damaged in the form of:
    1. cuts, peels, breaks, if the cord is visible (it does not matter if the cords are torn or not),
    2. peeling of the tread from the "bobbin";
  3. if the tires do not correspond to the speed or load index of the car;
  4. on one axle (front or rear) there are different tires, except for new and used ones (if it is not reconditioned rubber);
  5. studded rubber is installed simultaneously with non-studded rubber.

If the above requirements are not met, then a fine of 500 rubles becomes legal.

If spikes fly out on studded tires

Consider a slightly more complicated situation - when the car is equipped with winter tires, but without remaining studs - is it possible to drive such a car? Yes. According to the letter of the quote from the Technical Regulations, the ban is about " equipped with studded tires"by car, and without thorns it never ceases to be such.

The same applies to Velcro - winter tires, a priori not equipped with studs.

But if the thorns remain, then you will have another requirement with a penalty. About him below.

About the sign "Thorns"

There will be no fine for the very fact of using winter tires in the summer, although you cannot drive like that. We found this out above. But there is one more responsibility when it comes to studded tires. And this duty lies in the fact that the car must be installed (glued, stuck on a magnet, etc.) the sign "Spikes".

According to the traffic rules in force for 2020, the "Ш" sign is mandatory for all cars on which such tires are installed. And not a word about the fact that the obligation appears only in the winter.

You can find out what the requirements for this sign are, whether they can be guilty of an accident if it is absent, as well as download the current sticker on our website.

In 2016, the Russian Government continues to consider the issue of introducing several amendments to Article 12.2 of the Code of Administrative Offenses of the Russian Federation, according to which drivers who will ride summer tires in winter will be brought to administrative responsibility and are obliged to pay a fine. What penalties are provided for driving on tires inappropriate for the season, read the article.

  • Article 12.2 of the Code of Administrative Offenses;

It indicates the maximum permissible tire tread size for operation. Thus, the tread depth of winter tires must be at least four millimeters, and the depth of summer tires must be at least one and a half millimeters. If the driver rides on rubber, the thickness of which is less than permissible, he is subject to a penalty of five hundred rubles.

  • The Law on the Safety of Wheeled Vehicles;

It states that in winter (from about mid-November to March), drivers must use winter tires, and in summer (from mid-May to August), summer tires must be used. However, no mention is made of what kind of fine the driver will have to pay for winter tires in summer (or summer tires in winter).

At the moment, the above laws are the only legal basis that traffic police use (not always legally), "catching" traffic offenders on off-season tires.


Penalty for using summer tires

Article 12.2 of the Code of Administrative Offenses does not say that the use of summer tires in winter weather may result in a fine.

However, the Law on the Safety of Wheeled Vehicles indicates the periods of the year when the use of summer tires is legal:

  • During the summer period from June to August, drivers must only use summer tires;

In addition, in the summer, it is allowed to use winter tires without studs (which is generally considered universal).

Summer tires can also be used from March to May and from September to November.

When is it customary to "change shoes" from winter tires to summer tires? After the winter period (depending on the region), summer tires are best worn in mid-March. However, this does not apply to regions of Russia in which periods of cold weather prevail (in the northern part of the country). Therefore, despite the recommended timing for changing tires, most drivers are guided by the "weather".

Can a driver get a fine for using summer tires in winter? According to article 12.2 of the Code of Administrative Offenses, no. Traffic inspectors have the right to warn the driver about the possible negative consequences of using unsuitable rubber and recommend changing it. However, for the use of used summer tires, the driver can receive a fine of five hundred rubles.

Penalty for using winter tires

There is also no fine for the use of winter tires in summer for 2016 either.

The law "On the safety of wheeled vehicles" spells out the periods when the use of winter tires is legal. So:

  • From December to February, drivers must use winter tires (studded or demi-season);

In addition, the studded winter "shoe" can be used from September to November and from March to May.

Studded winter tires can be used all year round.

What penalties can be imposed?

At the moment, the Russian Government is considering introducing amendments to Article 12.2 of the Code of Administrative Offenses, according to which the driver will have to pay a fine of two to five thousand rubles for using tires out of season. However, so far these amendments have not been introduced.

Tire quality is an important technical characteristic of a car that directly affects road safety. The inability of summer tires to ride on winter roads affects the vehicle's handling and provokes the creation of emergency situations. This factor is responsible for the fine for summer tires in winter.

The use of summer tires in winter is one of the most controversial issues in terms of fines. Many drivers are still not aware of whether there is a penalty for summer tires that are used out of season. Traffic police officers have repeatedly warned car owners about a possible increase in the fine for the lack of winter tires, but the issue has not yet been resolved at the legislative level.

However, this situation does not mean that drivers can safely move on tires of any quality at any time of the year. The safety of travel on summer tires is questionable, even with good quality road services. The very first frosts invariably lead to an increase in the number of accidents on the roads, since even a very careful driving on tires not intended for ice reduces the car's handling at times.

Official concepts of "summer" and "winter" tires do not exist in traffic rules. Perhaps it is this fact that makes drivers doubt whether there is a fine for driving on summer tires. However, there are several requirements for the quality of tires, regulating the depth of the treads and the presence of studs on the tires, depending on the season.

The main differences between tires intended by law for use at different temperatures are as follows:

  • Summer tire- made of rubber of greater rigidity, in order to prevent rapid wear when operating in contact with asphalt. However, when exposed to low temperatures, rubber with increased rigidity becomes even harder, which negatively affects its grip on an icy road surface. As a result, even on absolutely clean asphalt, summer tires have a high probability of slipping when braking. A puncture of a frozen summer tire can even lead to its rupture.
  • Winter tire- made of rubber that is not prone to hardening under the influence of low temperatures. Tires of this quality retain their elasticity in subzero temperatures. In addition, a specific pattern is applied to winter tires, due to which the anti-slip properties of the rubber are significantly increased.

Important! Winter tires are often spiked by manufacturers to provide additional traction on slippery road surfaces. In summer, spikes are dangerous for both traffic and road surfaces. Therefore, in the summer, the use of studded rubber is prohibited.

The timing of the transition to winter tires

The specific terms of the transition to winter tires at the legislative level are established by Appendix 5 to the technical regulations of the customs union "On the safety of wheeled vehicles", which came into force in the Russian Federation on 01.01.2015. According to it, the use of studded tires is prohibited from June to August, summer tires are prohibited from December to February.

The terms of the ban on the operation of summer and winter tires may be increased by local authorities. The law does not provide for a reduction in the deadlines set at the federal level.

Thus, the technical regulation establishes the following requirements for the brands of tires:

  • Summer(June-August, in some regions from May to September) - the use of studded tires is prohibited.
  • In winter(December-February, or from November to March) - it is allowed to use only studded or non-studded tires with the M + S markings and the "snowflake" badge.

According to the technical regulations, a fine for the use of summer tires can be imposed from December 1 to February 28 (29) (if there are regional legislative acts from November 1 to March 30).

All-season tires and features of their use

An alternative to winter tires are all-season tires, which can be used in summer and winter. These tires are universal and are chosen by those drivers who do not want to constantly "change shoes" the car when changing seasons.

All-season tires have a number of pros and cons:

  • The advantage of their reduced noise compared to studded tires and their relatively low cost.
  • The disadvantage of all-season tires is quick wear, insufficient traction with an aggressive driving style, and inability to drive during snow drifts.

All-season tires are not suitable for regions where winter temperatures are in the range of minus 20 degrees and below. This property is due to the fact that such rubber is produced in countries with a mild climate, and is not suitable for use in the harsh Russian climate. In severe frost, the all-season tires "dubbed" and the road grip deteriorates. In such conditions, the durability of the rubber decreases, and it has to be renewed more often.

But in the context of the issue discussed in this article, the installation of all-season tires is the solution to the problems with fines for the use of summer tires. The use of all-season tires is allowed by law at any time of the year, so car owners who use them need not fear a fine. Despite the fact that the aforementioned technical regulation does not contain the concept of "all-season" tires, the presence of the "M S" marking on such tires makes it possible to use them at any time of the year.

Fines for misuse of rubber

In 2018, the issue of a fine for summer tires in winter has not been fully resolved at the legislative level. This is due to the fact that the Code of Administrative Offenses does not contain references to the points of the technical regulations prohibiting the use of tires out of season. In practice, however, drivers are regularly fined for driving on bald tires and for using tires without winter markings between December and February.

The amount of the fine for this offense is 500 rubles. The inspectors will impose this penalty for using summer tires on an icy or snowy road.

Reference! Discrepancies in the legislation can be resolved in the very near future. Bills increasing the amount of fines for tires that do not comply with technical regulations have been repeatedly submitted to the State Duma for consideration. It is planned to increase the fines up to 2-5 thousand rubles.

Driving on summer tires in the winter time of the year is not only the risk of getting a fine, but also the danger of creating accidents. Compliance with the recommendations for the use of tires for the season ensures traffic safety, therefore, with the onset of frost, it is still better to "change" your car than to risk your own life and health.

In the video, the expert reveals the concept of winter and summer tires in the light of legislation: