Penalty for driving on winter tires in summer – is it legal or not?

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

Are there penalties for out-of-season tires?

Back in 2014, bill No. 464241-6 was introduced into the State Duma of the country, which proposed supplementing Article 12.5 of the Code of Administrative Offenses of the Russian Federation with part 3.2:

“Part 3.2 as follows: “3.2 Driving a vehicle in violation of the requirements for the operation of tires and wheels - entails the imposition of an administrative fine in the amount of two thousand rubles.”

For two years, consideration of this bill was postponed, but on October 20, 2021, it was sent for consideration to the State Duma and was to be considered in three readings. But in fact, the bill on a fine for using summer tires in winter did not even pass the first reading , and on November 1, 2021, it was decided to postpone its consideration indefinitely, and as of 2021, consideration of the “tire bill” was no longer started.

Penalty for using all-season tires in winter

So, is it possible to drive in winter on all-season tires? In October last year, a draft law was considered that would add a new paragraph to Chapter 12 of the Code of Administrative Offences. It will establish the amount of the fine for violations of the operation of vehicle tires, which will be 2,000 rubles. However, at the moment there is no penalty yet.

It turns out that, despite clause of Customs Regulation No. 5.6.3, a fine for using summer tires in winter has not yet been imposed, so formally you can drive. However, do not forget that such tires will not last long and will not be highly efficient.

So what is the fine for summer tires in winter today?

The issue of changing winter and summer tires in Russia today is NOT regulated by anything, and drivers do not need to fear fines for using summer tires in winter, or sanctions for another version of tires that are not suitable for the season - simply because there are no such fines! Car owners, at their own discretion, decide to replace summer tires with winter ones, based on weather conditions and air temperature. If we talk about specific dates, then in central Russia the unspoken guidelines are November 15 for changing tires from summer to winter, and March 15 for switching from winter tires to summer.

Of course, these dates are rather arbitrary, and they differ in certain regions of the Russian Federation. Drivers, relying on common sense, when changing tires, focus not on dates, but on weather conditions. That is, if it’s already spring on the calendar, and there’s still snow on the roads and the forecast promises icy conditions, then no one will “change their shoes” to summer tires . And if in the warm Crimea or Sochi in November, and sometimes even in December, the weather is sunny, warm, and the road surface is dry and clean, then drivers are unlikely to switch to winter tires urgently.

What penalties were offered for summer tires in winter?

As we said above, rumors that in the near future it will be prohibited at the legislative level to “shoe” a vehicle out of season have been circulating for a long time, and several bills were submitted to the State Duma for consideration, but for various reasons, none passed even the first reading. The essence of these tire bills was as follows:

• To be fined for driving a vehicle using tires that are not in accordance with the season (the driver must use winter tires in the cold months, or “change the car’s shoes” taking into account the average daily temperature.
• To be fined for driving a vehicle on winter tires with studs in the summer.
• Refusal of insurance payment in the event that during an accident the culprit’s vehicle was wearing tires that were not appropriate for the season.

But, as we see, so far all these legislative initiatives have not gone further than bills, and you still decide for yourself when to change tires from summer to winter and vice versa! There is no fine for summer tires in winter in the Russian Federation!

What's the news?

Here is typical information about the new winter tire law from November. Also, data is distributed mainly through WhatsApp, Viber and Telegram messengers.

Meanwhile, there are no supporting legislative initiatives in such reports, and the authors refer to alleged changes in traffic rules and the new ability of traffic police officers to fine drivers with summer tires.

Among the main subtleties of the amendments are the following:

• winter studded tires are mandatory on all cars on Russian roads from November 1 (according to other sources - from the 11th) 2019,
• but traffic police inspectors are allowed not to issue a fine the first time, because supposedly not all drivers had time to learn about the new law and prepare by purchasing winter tires,
• The legislation now allegedly requires drivers to install tires only in accordance with the load capacity and speed of the vehicle.

Option No. 2

But there is also other evidence that motorists allegedly misinterpreted the provisions of the amendments. From November 1, studded winter tires are not required, but their use is possible. And before the amendments came into force, changing shoes was allowed only from December 1.

Option #3

And finally, the third type of news is that the new law itself comes into force on November 11. And his instructions concern the mandatory use of winter tires from December 1st.

You will also be interested in:

• Is there a fine for driving on summer tires in winter and winter tires in summer today? What date will it start?
• Is driving with curtains Trokot, Esko, Laitovo and others allowed and what are the dangers?
• New List of faults, changes in traffic rules and fines in October 2020 - is it true?

Is there a penalty for wearing winter tires in summer?

If you study the Technical Regulations of the Customs Union TR CU 018/2011 “On the safety of wheeled vehicles,” you will find out that it brought new rules for Russian motorists. In this technical regulation, in paragraph 5.5 of Appendix No. 8, there are the following provisions on the use of certain car tires at different times of the year:

• You can drive on summer tires from June to August (they must be studless).
• From December to February, drivers can take part in road traffic while driving a car shod with winter tires (studded or not).
• In the CU regulations 018/2011 you will not find the concept of “all-season tires”.
• Compliance with tire wear limits is mandatory.

At the level of regional authorities, it is allowed to change the months of the established ban on the use of tires by season - these nuances must be recorded in regional regulations.

If we talk about whether there is a fine for winter tires in the summer, then this issue has remained unresolved for a long time. At the first stage of discussions, there were proposals to establish a fine of 5,000 rubles for such violations - but such an initiative did not find approval among deputies. There were other proposals regarding the size of the fine for driving in the summer on winter tires.

In fact, in 2021, the fine for driving in the summer on winter tires applies only indirectly under Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, that is, if you drove in the summer on winter tires with a heavily worn tread (“bald” tires), the depth of which is less than 4 mm, then
the fine for “bald tires” will be 500 rubles (or a warning).

Will they be punished?

The operation of passenger cars without winter tires is prohibited by the “Technical Regulations of the Customs Union on the safety of wheeled vehicles.” The ban is valid for the winter period - from the beginning of December to the end of February.

Will drivers be punished from December 1 for driving on summer tires? The Ministry of Internal Affairs told Izvestia that they will not issue fines for now.

Don't drag your feet

Photo: IZVESTIA/Alexander Kazakov

“Administrative liability for tires that do not correspond to the season is currently not provided. The legislation in this aspect has not changed recently,” the press center of the Russian Ministry of Internal Affairs reported.

Thorn question: which tires to choose and when to change

Experts warn motorists about frost and recommend preparing

Everything should change after the adoption of the draft amendments, which will clarify the list of “malfunctions and conditions under which the operation of the vehicle is prohibited.” It talks, in particular, about the use of tires out of season. After the draft is adopted, the list should become an annex to the traffic regulations. However, it is still difficult to talk about any deadlines - the project is at the stage of public discussion.

What are the penalties for driving on bald tires in 2021?

The expression “bald tires” has long been used among drivers, meaning driving on tires where the tread has worn out almost completely. According to the new rules, driving on tires with worn tread may result in a fine of 500 rubles (or a warning) . If we turn to the traffic rules and its provisions on the admission of a vehicle to operation, the driver is prohibited from taking part in road traffic if the remaining tread height of the tires of his vehicle:

• freight transport - less than 1 mm;
• passenger car - less than 1.6 mm;
• moped or motorcycle - less than 0.8 mm;
• bus - less than 2 mm.

According to Art. 12.5 of the Code of Administrative Offenses, traffic police officers can issue a fine to the driver for this violation - 500 rubles.

According to rumors, deputies plan in the future at the legislative level to increase the amount of the fine for driving on bald tires by 4 times. Such a jump can be considered quite justified, since a huge number of accidents occur due to the fault of drivers driving on the road on bald tires, especially in the winter months, when the roads are icy.

An important change in traffic rules is being prepared

To be more precise, these are amendments not to the Rules, but to a separate regulatory act, which is an annex to the traffic rules - List of faults for which the operation of vehicles is prohibited.

Actually, such a list works in 2021, but the list of all faults is outdated - the document is already about several decades old, and, for example, it does not contain such conditions as the inoperability of ABS, ESP and other systems.

The essence of the new amendments is that a large list of such faults may be included in the annex to the traffic rules, including a ban on the use of summer tires in winter. We previously wrote about this change in legislation.

Please note the official wording for the new law:

Vehicles of categories M1 and N1 are not equipped with winter tires during the winter period (December, January, February). Note. By decision of the executive authorities of the constituent entities of the Russian Federation, the deadlines defining the summer and winter periods may be changed upward.

And in this case there will already be punishment, because the Administrative Code regarding violations of the List of Faults has very real penalties.

Thus, for general violations of this legal act, punishment is established under Part 1 of Article 12.5 with a fine of 500 rubles or a warning.

However, as of May 28, 2021, these changes have not come into force, and therefore there is no fine for driving on summer tires in winter. This information is relevant today. We monitor updates daily, know whether the amendments have come into force and update the article in a timely manner.

There are only 2 subtleties in this matter:

• the fine will be legal when new changes are made to the traffic rules,
• if your tires do not meet other conditions of the List of Faults (we will talk about them below).

Let's compare how the legislative regulation of the issue of fines for tires that do not comply with the winter season works before and after the amendments.
Comparison table between the old winter tire requirement and the new penalty

That is, in fact, no new traffic police fine will be introduced. It’s just that the list of prohibitions will also include a ban on driving a car on tires that do not correspond to the season. And for violating this list there is already a penalty - 500 rubles, as we indicated above.

From what date will the fine be?

It is currently unknown for sure when the innovations will come into force. To do this, the document must at least be signed, but for now everything is at the stage of finalization and discussion.

But even if changes are introduced, this will not mean that in any case there will be an unconditional fine. The fact is that, as you can see from the official interpretation of the List above, the use of summer tires is prohibited only in the winter months: December, January and February. But in October, November, March and April - even if there is snow during these months and, for example, it is -30o below zero outside, you can technically drive on summer tires. There is only one exception - if a separate restriction is introduced at the regional level, as the wording of the new law allows. However, this was also allowed by the Technical Regulations, but in practice, no region introduced special restrictions until 2021.

Therefore, if you read somewhere that a fine is possible for driving on summer tires in November, March or April, for example, then this is not true and a fake that does not correspond to the truth.

Must there be spikes?

No. As can be seen from the official interpretation of the List, the requirement applies to any winter tires. It is not at all necessary that it be studded - just winter. Velcro is also allowed.

If the car is a truck?

Everything here is also very simple. As now, and if the amendments are adopted and come into force, the requirement to change shoes for the winter applies only to 2 categories of cars (this is also indicated in the interpretation):

• M1 – this includes passenger cars with no more than 8 seats,
• N2 are cars and light trucks, but with a weight of up to 3.5 tons.

Thus, the ban on using summer tires in winter does not apply to trucks.

Will there be a penalty for all-season?

Yes. Again, all-season tires are neither winter nor summer tires. This is exactly “all-season”, which is indicated by a separate marking. Therefore, after the introduction of the changes, a fine of 500 rubles for all-season tires in winter will be legal for passenger cars.

Speaking of labeling...

Will there be a ban on studded tires?

We talked about the requirements for vehicle tires in different seasons of the year, and now we will consider the question of what changes regarding the use of studded tires are planned at the legislative level.

For countries that are members of the Customs Union, the technical regulation TR CU 018/2011, which we discussed above, establishes the following conditions:

• Studded tires are prohibited from being used in the summer – from June to August;
• Rubber with studded tread must be on all wheels of the vehicle (that is, you cannot have both studded tires and non-studded winter Velcro tires at the same time;
• The maximum number of studs per linear meter of tread is 60 pieces. This requirement will apply to tires that were manufactured after January 1, 2021.

If we talk about potential fines for using tires with spikes today, they are not established at the legislative level! Therefore, drivers from countries that are members of the Customs Union should not yet fear penalties. But the fine for driving a car on studded tires and not having a “Spikes” sign is 500 rubles.

Legal aspects of using all-season tires in winter

• Appendix 8 and its paragraph 5.5 of the Customs Regulations limit the use of winter tires in the summer from June to August.
• In addition, clause 5.6.3 prohibits operating a vehicle that is not equipped with winter tires in winter (from December to February).

Accordingly, in summer it is not allowed to use studded treads, and in winter it is forbidden to drive on summer tires. If the climate of a particular region requires long winters, then the local municipality has the right to make its own amendments and increase the duration of the entire winter period.

In addition, special standards were added to the sections of the traffic rules, classifying tires into three types:

• Summer varieties;
• Tires intended for winter;
• All-season tires.

However, there is still confusion when classifying all-season options, since, according to experts, there are only two options that are truly suitable for Russian roads - summer and winter.

At the same time, experts note that all-season vehicles, as a rule, do not have sufficient characteristics to operate them in Russian realities, both in winter and summer.

In addition, outside the Russian Federation, such tires are not at all accepted by police, so it is better to travel to other countries with either summer or winter versions.

The law, however, allows the use of all-season tires in the Russian Federation all year round, but only in cases where it is marked MS and has a corresponding graphic image. In the absence of a sign, such varieties can only be used from March to November.

Driving on all-season tires (Velcro) in 2021

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

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

How can traffic police officers fine you for tires?

Above, we have already outlined the situation regarding the legislative framework on the issues of seasonal replacement of tires and fines for using tires out of season. A natural question arises: how will traffic police officers directly on the road monitor whether drivers comply with the standards specified above?

Today, there is only one possible way to establish the seasonality of tires - this is to undergo a technical inspection. But even here there were problems. For example, new cars that have just left the showroom may not pass inspection. And with cars in use, not everything is clear either - the responsibilities of their owners include undergoing maintenance only once a year, which means that the tires’ compliance with the season will be checked only once a year.

To summarize, I would like to note that despite the fact that fines for out-of-season tires have NOT been introduced in 2021 , every car owner must take a responsible approach to the issue of the readiness of his vehicle for current road conditions! It is in your best interests to prepare your car as much as possible for certain weather and climatic conditions!

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