What is the shipper's responsibility for overloading the vehicle?

Truck overload

When permission is needed. According to traffic regulations, the weight of the cargo should not exceed that provided by the car manufacturer. For example, for a truck without a trailer and with three axles, the permissible weight is 25 tons according to cargo transportation rules.

If the weight of the car or the load on one wheel axle is 2% higher than permissible or more, the carrier must issue a special permit. The permit is issued by the local branch of Rosavtodor - road management in a certain area. Validity period: no more than 3 months.

This document is needed to record heavy loads on the road. If the permit was issued by mistake or forged and an accident occurs, it will be easier to find and punish those responsible.

Danger of overload. If an accident occurs, the consequences will be more severe than with a regular Gazelle. A heavy car has a longer braking distance. Even if the driver reacts in time and tries to brake, the car will continue to coast for a long time.

The guide on checking brake systems states that at a speed of 40 km/h, a truck should stop within 20 meters. A twenty-ton truck will slow down for at least 150 meters.

The greater the mass, the greater the danger the vehicle poses and the greater the impact on the road surface.

Rules for the carriage of goods. Before sending a car on a flight, transportation organizers need to consider:

• weight of the car with cargo - it is important not to exceed the permissible values. For example, for a three-axle KamAZ, the maximum loaded weight is 25 tons;
• the number of axles, their relative position and the load on them - the greater the distance between the axles, the more evenly the load on the road is distributed. There is also less weight on each axle. Almost all modern trucks have a sensor - it shows the axle load;
• road category and time of year - in winter the soil freezes and trucks with increased weight can drive onto most roads;
• distribution of cargo in the trailer. If the load is placed "at the tail" of the trailer, a measurement error may occur - the front will be light, but the tail will be overweight;
• the presence of road signs about axle load restrictions - 6, 10 or 11.5 tons. You can find out about these signs at your nearest Road Administration department. Departments are divided according to the “road section-department” principle, for example “Moscow-Volokolamsk”. You can find the department you need in a special list.

It should also be taken into account that regional authorities are introducing a seasonal ban on the passage of heavy trucks. You can find out this in the regional department of Uprdor.

This indicates the maximum axle load. TC - tons of force or just tons. Usually the sign is in front of an area that will not support much weight - a bridge or road under which groundwater flows

Consequences of overload

1. An overloaded car is difficult to control in difficult weather conditions (ice, wet asphalt) and has an increased braking distance, which creates dangerous situations on the road.
2. The road surface is designed for certain loads, and exceeding them causes damage to it.
3. When braking sharply, there is a risk of the rear part of the trailer skidding and loss of control of the truck, which also provokes an emergency situation.
4. The car itself wears out faster.

In this regard, the state, represented by Rostransnadzor and the State Traffic Safety Inspectorate, is strengthening control over cargo transportation. On September 2, 2015, the Government approved an Action Plan (“road map”) aimed at preventing violations when driving heavy and (or) large vehicles on public roads. In accordance with it, automatic weight and dimensional control systems with photo and video recording functions appeared on Russian roads. By the end of 2021, 387 such posts will appear on all federal roads.

Check fines for overloading an organization

Who is responsible for the overload?

According to the law, the following may receive a fine for overloading:

• driver;
• the company employee who sent the truck on its journey;
• company.

However, the fine is often issued only to companies. The fact is that overload is often detected by automatic systems. And if a violation is noticed by a camera, only the owner of the car receives a fine.

In the Rostov region, the magistrate court fined the company 400,000 rubles for overloading the axles. The company tried to challenge it in the district court, but it upheld the decision.

What law states

The legislative framework regulating the overloading of trucks (once you figure it out, “wipe the nose of any traffic inspector”)

1. Federal Law No. 257 of November 8, 2007 legislated such concepts as: overload of freight transport, permissible weight, axle load, permissible axle load, highway, highway users, indivisible cargo, etc.
2. Decree of the Government of the Russian Federation No. 934 of November 16, 2009, defining the amount of damage and the rules for compensation for damage.
3. Federal Law No. 127 of July 24, 1998 “On control over international road transport and liability for violation of this procedure.”
4. Code of the Russian Federation “On Administrative Offenses” Art. 12.21 “Violation of the rules for the carriage of goods, rules of towing.”
5. Order of the Ministry of Transport of the Russian Federation dated August 8, 1995 No. 73 determined the list of dangerous goods and the rules for their transportation.
6. Decree of the Government of the Russian Federation of April 15, 2011 No. 272. Appendix 2 makes no distinction for single or dual wheels.
7. Decree of the Government of the Russian Federation of January 9, 2014 No. 12, came into force on January 1, 2015.

• Codifier of meanings and types of highways.
• Codifier of the population of cities and towns.
• Codifier of types of dividing strip.

Penalty for overloading a truck on its axles

The higher the percentage of overload, the higher the fine. Let's see what fine you can get if you don't take into account the overload.

Additional penalties for overloading

1. There is also a fine for violations in the preparation of documents, which is an incorrect indication of the weight of the cargo. The difference between the weight according to documents and the weight determined by scales at the site of the administrative violation (distortion).

• Driver of a vehicle RUB 5,000.00
• Individual entrepreneur from 10,000.00 to 15,000.00 rubles.
• Legal entity from RUB 250,000.00 to RUB 400,000.00.

2. Fine for failure to comply with road signs. If there are restriction signs along the route.

• Driver of a vehicle from RUB 2,000.00 to RUB 2,500.00.

3. Judicial proceedings regarding property damage caused by vehicles transporting heavy cargo on the roads of the Russian Federation” established a procedure for compensation for damage (Government Decree No. 934 of November 16, 2009).

• According to Part 1 of Art. 1079 of the Civil Code of the Russian Federation - the obligation to compensate for damage is assigned to a legal entity or citizen who owns a source of increased danger by right of ownership, right of economic management or right of operational management or on another legal basis (by right of lease, by power of attorney for the right to drive a vehicle, by virtue of an order from the relevant authority to transfer a source of increased danger to it, etc.). In Tyumen, there is a similar unpleasant practice, according to the court ruling dated February 3, 2014 in case No. 33-431/2014, in favor of the Federal State Institution "Federal Administration of Highways "Siberia" of the Federal Road Agency" payment for the transportation of heavy cargo when traveling along for public roads of federal significance in the amount of 207,106 rubles. 30 kopecks, legal expenses in the amount of 1628 rubles. 76 kopecks, total 208,735 rubles. 06 kop.

Violation of a sign prohibiting the passage of trucks

The amount of the fine depends on the city:

• 5000 rubles - in Moscow and St. Petersburg;
• 500 rubles - in other cities of the Russian Federation.

Such a fine can be received by a driver who did not notice the sign “No cargo entry” and entered the third transport ring of Moscow at the wrong time - from 6 to 22 hours.

We wrote in detail about fines for driving under the “No Freight” sign.

Permissible vehicle loading standards

Regulation of cargo transportation in the Russian Federation is carried out by various regulatory documents that reflect acceptable vehicle loading standards, including Appendices No. 1 and No. 2 of Government Order No. 272 ​​dated April 15, 2011, which reflect the procedure for cargo transportation.

The most important points include:

1. The weight of the truck and axle load, which should not exceed the established standards reflected in the PTS and legislative acts.
2. The weight of the cargo is established by those who load the vehicle by agreement with the other party to the contract, unless otherwise specified in the agreement.
3. The carrier (driver) is obliged to monitor the loading process, ensuring reliable fastening and uniform distribution of the cargo in the body.
4. If the weight exceeds the established standards by more than 2%, it is required to obtain a special permit to travel, with the approval of the route, and to pay for possible damage to the road surface resulting from overload.
5. To do this, you will need to submit a request to Rosavtodor of the region where the vehicles are loaded.

Example

The PTS shows that the permissible weight of the vehicle is 25 tons. At the same time, the weight of the vehicle is 9 tons. Consequently, the car owner has the right to transport cargo weighing no more than 16 tons (25-9).

Below is a table of permissible weights of certain types of freight transport and road trains in accordance with Appendix No. 1 to Government Order No. 272.

If the weight of a road train with cargo is more than 44 tons, then to transport the cargo you will need to obtain a special permit, indicating the route of movement and the time of departure and arrival.

If the weight of a truck with a load exceeds 80 tons, the traffic police draws up a route for the road train, taking into account the admissibility of travel through certain sections (including bridges, overpasses).

The next parameter subject to normalization is the axle load transmitted to the road surface by one vehicle axle. Usually the rear axle is subject to control, since, usually, the load on it is greater than on the front.

To control the axial pressure of the vehicle on the road surface, the concept of “maximum axial load” has been established, implying the pressure on the road surface from the maximum loaded axle of the vehicle. Exceeding the permitted axle load is considered grounds for prohibiting the movement of a vehicle.

Who issues the fine?

There are two ways to record a violation: stationary weight control and mobile control.

Stationary systems read weight automatically. To do this, the car doesn’t even need to stop - you can drive at speeds of up to 140 km/h. If the system notices an overload and does not find information about a special permit in its database, it will send data about the overload and a photo of the license plate to the traffic police. Next, the inspector will compare the car data with information about the owner and issue a fine.

Mobile systems are being deployed by employees of Rostransnadzor together with the traffic police. Supervision officers conduct an inspection, and the inspector issues a report if there is a violation. Rostransnadzor is guided by the rules of weight control.

How can you avoid paying a fine from your company?

To do this, you need to prove that the employee acted for personal purposes, using a car without the knowledge of the company management or Individual entrepreneurs are not a legal entity by law, so the fine must be issued to the responsible person, which is significantly less than the fine for a legal entity.

You also need to remember that at present, the movement of a heavy vehicle exceeding the permissible weight of the vehicle or the permissible load on the axle of the vehicle by no more than 2% without special permission is not administratively punishable.

Administrative liability does not arise in the case when the excess of the weight parameters of the vehicle specified in the special permit is no more than 2%.

Payment of a double fine

If you have received a decision to pay a fine under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, but you did not appeal the decision within the period established by law and did not pay the fine, the inspector of the State Traffic Safety Inspectorate or the State Traffic Safety Inspectorate may issue a fine of double size on the basis of Part 1 of Art. 20.25 Code of Administrative Offenses of the Russian Federation. Therefore, be careful, contact us immediately after receiving a ruling (notice) to summon you to draw up a protocol on an administrative offense under Art. 12.21.1 Code of Administrative Offenses of the Russian Federation.

What is the minimum fine in court, how much can be reduced

Clause 2.2 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation allows the court to reduce the imposed fine below the lowest limit (half of the minimum amount).

Jurisdiction of administrative cases regarding transshipment

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

At the same time, it is important to understand that the reasons for the disgusting road, lack of signs, etc. are in no way related to overloading and have no prospects in court in the event of challenging an administrative fine for overloading.

How to challenge a fine for overloading

You can challenge a fine if the equipment or person made a mistake:

• the inspector filled out the protocol incorrectly, for example, did not indicate the accuracy class of the scales or did not add a written opinion of the technical expert who carried out the weighing;
• no certificate for scales;
• There is accurate data that there is no overweight - the car and cargo were weighed before shipping.

You have 10 days from the date the resolution is issued to challenge the fine - the date can be viewed when checking on the Traffic Police Fines website.

You will have to file a complaint in person at the traffic police department or by regular mail. Draw up the document in the name of the head of the department whose employee issued the fine. You can find out contacts by calling the phone number indicated on the paper order. If you don’t have the paper on hand, call the city traffic police department.

Date of resolution in red frame

This is an example of a complaint to the traffic police. The answer will be given within 10 days

An example from judicial practice

In cases where violations were recorded under the Code of Administrative Offenses, but the quality of the Russian road did not meet the requirements of the standards (GOST R 52748-2007 or SNiP), then the courts mitigated the punishment imposed on carriers.

But in most of these cases, a competent lawyer or lawyer took over the case.

It is almost impossible to solve the problem on your own to reduce the size of the sanction.

Let's consider one example of judicial practice (cases of the same type numbered A05-7029/2012, A05-14721/20127, A05-4786/2013, A05-9275/2013):

1. When an IVECO truck was detained on December 25, 2011, a traffic police officer fined the driver and issued a fine to the shipper.
2. After careful research, it turned out that at the checkpoint where the car was weighed, the scales were broken and showed incorrect data.
3. The lawyer discovered this by providing the court with a copy of the technical documentation for the scales - in the factory passport of the electronic design of the model “VA-D-20” (No. 10-28434), the entry “Not suitable” was affixed. The scales were put in for repair from December 8, 2011 to December 29 of the same year.
4. The truck was weighed while the scale was being repaired.
5. The court overturned the order issued by the traffic police officer for the reason: “There is no evidence of the presence of a heavy load.”

If heavy vehicles pass along the road at least a few times, this will instantly destroy the integrity of the road surface.

In turn, this circumstance reduces the ride quality and performance standards of lighter cars - cars, passenger Gazelles and others.

The established fines are intended to serve as partial coverage of financial costs for road repairs in the country. They can be reduced in size, but cannot be canceled if the shipper’s guilt before the law is obvious to the court.

Fines for overloading a truck are discussed in the article: overload. How to load a truck without overloading, see the page.

Find out about turning around before a railway crossing from this information.

Where to see fines for overloading a truck

Website "Traffic Police Fines". Here you can check the fine for the driver only. There is a separate service for companies with a fleet of vehicles.

To track a driver's fine, you need two documents - a vehicle registration certificate and a license. Write down their numbers on the appropriate lines.

The email field must be filled in so that notifications of new fines arrive on time

State Services website. Before paying, you must register on the site and make an electronic digital signature. The signature is made by certification centers - it costs from 1000 to 6000 rubles, depending on the purpose.

Official website of the traffic police. You need to fill in the fields with the license plate number of the car and STS number. If fines are found, click “Pay fine”. Then you need to decide on the payment system - the service will warn you that it is not responsible for the result of the operation.

How much does a lawyer cost?

The cost of the services of lawyers who take on the matter of fining shippers (or carriers) for exceeding the weight or dimensions of vehicles consists of different types of design and legal activities.

The list of actions is large, but we can note the most basic services for which a separate fee is charged:

1. Studying the court ruling on a fine, preparing counter documents with objections.
2. Sending claims, petitions, letters and other things to other authorities - the traffic police, bailiffs, etc.
3. Representation of the client’s interests in court (paid as a package of services, which should include paperwork).
4. Travel to the place of detention to assess the situation.
5. Working with witnesses, eyewitnesses, government employees and more.

Prices in Russia for the services of motor vehicle lawyers on vehicle overloading issues:

Table continuation:

How and where to pay the fine for overloading

Website "Traffic Police Fines". If the check shows a fine, click “Pay.”

Review the fine information again and click “Proceed to Payment.”

Fill in the fields with your card details - they are not stored on the site.

After payment, receipts are stored in the “receipts” section.

Public services. After registering on the site and confirming your identity, you need to enter “fines” in the site search - the system will give a hint and direct you to the section for checking and paying fines. You will receive a receipt by email.

Traffic police website. If the payment has been completed, the payment system will send a check to the specified email.

What is this new law about deprivation for overload?

According to numerous news, drivers will expect changes from July 1, 2019 - that is, supposedly the new law has already entered into force. That is, if earlier for overloading a truck at the weight control, fatal sanctions often awaited only shippers as legal entities, and large fines were also issued to individual entrepreneurs, but now they have reached the drivers too!

At the same time, the new law provides for as many as 3 new liability measures:

• deprivation of rights for a long period of time for overloading a truck,
• confiscation of cargo in case of large overweight,
• even confiscation of the car itself in exceptional cases.

Is this true and have the changes taken effect?

No. There is no new law. Moreover, there is not even a bill submitted for discussion. And now we will prove it very simply!

• Firstly, since liability for overloading is provided for in the Federal Code of Administrative Offenses, changes to the rules must be made by Federal laws. And you will not find a single one of these either submitted to the State Duma or discussed in the department.
• Secondly, the current version of the Code is posted on the authoritative resource Consultant Plus, and as of May 27, 2021, the version of Article 12.21.1 of the Code of Administrative Offenses with fines is in effect. No deprivation of rights, much less confiscation of cars and goods, has been introduced.

Thus, a new congestion law has not been introduced and is not officially planned.

What's the truth?

The fact that the initiative to introduce innovations regarding deprivation of rights and confiscation for overload was still received. It was introduced by the Russian Ministry of Transport at one of the State Council meetings.

However, the new law on overweight trucks is still far from officially coming into force. It has not been introduced since July 1, 2021, and it is far from certain that it will appear at all.

You will also be interested in:

• What new fines are in force for legal entities, how to track and pay them?
• What are the fines for violating self-isolation during coronavirus and in what cases are they applied?
• New fine for stopping and parking on the lawn - true or not?

Remember

1. Axle loads are best calculated using truck scales. If the load exceeds 2%, you will have to apply for a permit. This can be done at the local Uprdor.
2. The fine for overloading a car depends on the amount of excess of the permissible weight. For a driver - from 1000 to 10,000 rubles or deprivation of rights for 4 months, for an official - from 10,000 to 50,000 rubles, for a company - from 100,000 to 500,000 rubles.
3. According to the law, a driver, an official or employee who arranged for the transportation of goods and a legal entity - the owner of the company, can be fined for overloading. More often, only the owner of the company is fined.
4. To challenge a fine for overloading, you must write a complaint and send it to the traffic police with a personal visit or by mail. The answer will be given within 10 days.
5. The most convenient way to check and pay a driver’s fine is on the Traffic Police Fines website. You can check company fines using a special service for legal entities.

All articles by the author: Evgeniy Lesnov

Rules for the carriage of goods

All requirements regarding the transportation of luggage by car are set out in paragraph 23 of these rules. This code includes the following four standards:

1. Compliance with axial load (the transported weight must be distributed evenly across both axles in order to prevent loss of vehicle controllability);
2. Reliable fastening of objects inside the body or trailer of the car (when moving, luggage must be secured in such a way that it remains in place during sudden braking, acceleration or turning);
3. Proper placement of luggage on the platform (items loaded on board cannot obscure or limit the driver’s view, affect the maneuverability of the vehicle, block identification marks, or create noise;
4. Marking of oversized cargo (in accordance with traffic regulations, such elements during transportation must be marked with a sign in the form of a white square crossed diagonally with 6 red stripes).

It is important to know! For violation of any of the listed points, the driver will be punished in the form of a financial penalty. Therefore, before loading the vehicle, it is advisable to study clause 23 of the traffic rules in full.

Standards by law

The basis for imposing a fine for overload on both axles in 2019, according to the law of the Russian Federation, is a violation of the following GOSTs established by the State Traffic Safety Inspectorate:

We will find out later in the article how to record such an offense, and what else can be applied as sanctions for the driver in accordance with the Code of Administrative Offences.

What types of overloads are there?

Depending on the overload of the vehicle, overloads can be divided into several types:

1. Overload with cargo.
2. Overload of passengers.
3. Trailer overload.

Overload with cargo

Reloading of a vehicle with cargo is carried out mainly for commercial purposes. As a result of overload, loss of control on the highway, premature wear of parts and components of the vehicle, and even their breakdown due to increased load are possible. Traffic police inspectors rarely stop such vehicles, since it is practically impossible to determine overload without weighing.

The fine for overloading a vehicle is regulated by Art. 12.21 of the Code of Administrative Offenses of the Russian Federation and amounts to 500 rubles or a warning.

Passenger overload

This applies to vehicles carrying passengers and is the most common. The driver takes passengers in excess of the established seats, thereby increasing the permissible weight of the minibus.

The result of such overload can be loss of control on the highway, premature wear of the minibus, increased fuel consumption and a fine for overloading with passengers, as well as possible penalties for not fastening a seat belt.

In this option, there are no seat belts for extra passengers. Therefore, the driver will have to pay a penalty for overloading and for driving without a seat belt. Also, in this situation, the passenger will also have to pay. The total amount of penalties can reach up to 2,000 rubles.

Trailer overload

For overloading a trailer, the driver is punished in the same way as overloading a car in the amount of 500 rubles or a warning may be issued.

When the trailer is overloaded, the driver must drive carefully, since a bulky trailer makes it difficult to control the vehicle and can “tighten” the vehicle so much that a complete loss of control of the vehicle is possible.