An overly loaded vehicle poses a significant threat not only to the driver, but also to other road users. It doesn't matter if it's a truck or a car. From overweight The vehicle suffers even the road surface. Each car owner must know how the overload is calculated, and understand the degree of responsibility for violating the rules.
Since 2015, the legal documents relating to the carriage of goods have undergone some changes. Based on the new information, the permitted maximum vehicle weight has been adjusted.
Ultimately allowable weight freight vehicle (road train) - 44 tons. axle load of any truck The mobile is determined based on the category of roads that are designed to carry cargo of different weights. Overloading a truck will require the driver to obtain the appropriate exit permit. With regards to passenger vehicles, there are also some restrictions. The driver is not entitled to carry more passengers in his car than is regulated by law.
The impact on the vehicle axle, in other words, the axial load, is the load from the total mass of the vehicle, which is transmitted to the roadway by the wheels of each of the axles. Under increased load, the roadway is destroyed. Besides, braking distances overloaded car is longer, which can create an emergency on the roads.
It is worth considering the fact that the load distribution is uneven: the rear axle has significantly more than the front. This is due to the peculiarity of the location of the cargo platform: in the rear of the car. When driving on a section of the road, which is equipped with sign 3.12, the driver must pay attention to the maximum permitted axle load. If in his vehicle the load does not correspond to this, then it is necessary to change the route. Otherwise, the violation will result in a penalty for congestion. According to the Administrative Code of the Russian Federation (part 11 of article 12.21.1), the amount of the administrative penalty is 5,000 rubles.
The rules of carriage determine the acceptable weight of the vehicle. You can find information below:
A more complex calculation is subject to the permissible axle load. This takes into account the category of the road, as well as the distance between the axles and the type of wheels.
Approximate calculation
Thus, the mass of the vehicle is calculated as the sum of the axle loads. You can find out the mass of the car by looking at the registration certificate. It is more difficult to determine the actual weight of the load. To get an accurate calculation, you can use a special calculator.
The latter are of two types:
- Stationary (SPVK).
- Mobile (PPVK).
Stationary weight control points are located in a special place where equipment and personnel are constantly located.
Its mobile counterpart, on the contrary, is equipped on the basis of a van. Such a post has a significant advantage - mobility. Since the weight control point is constantly moving, it is not possible for the owner of the cargo vehicle to determine the place of its deployment.
The stationary test procedure avoids axle overload. Today there are two types of weighing:
- Dynamic.
- Static.
The first is carried out in the process of vehicle movement, and the permissible speed is not more than 5 km / h. To fix the measurements, automatic axle scales are used, with the help of which the vehicle is weighted along the axles. Acceptable error in calculations - 3%.
Static weighing is only possible after the vehicle has stopped. A special platform with installed strain gauges allows you to calculate the load and overload along the axles as accurately as possible.
Cargo Permit
In addition, the process of cargo transportation is regulated by regulatory legal acts. So, with an axle load of more than 2% of the permissible one, a permit for movement on roads should be obtained (according to Federal Law No. 257 of November 8, 2007, clause 2, article 31). To do this, it is necessary to coordinate the route and compensate for the damage caused to the road surface. An exception is made for the transport of the Russian Armed Forces.
For a transport permit dangerous goods, according to paragraph 9 of the order of the Ministry of Transport of Russia No. 258 (07/24/2012), the following documents are required:
- Appropriate statement of the owner of the vehicle.
- Photocopy of documents on the vehicle.
- The scheme of distribution of the transported cargo.
- Technical requirements for transportation.
If the driver has not received a special permit, in addition to the imposition of penalties, he may be deprived of driving license. This is regulated by the Administrative Code of the Russian Federation (part 1 of article 12.21.2)
Established penalties for overload
What fine is provided for overloaded cars depends on the legal category of the owner. This administrative punishment has three levels of responsibility:
- For individuals, a fine of 1,500 - 2,000 rubles is provided.
- Officials will pay more than 15,000 rubles.
- For legal entities, the amount of the fine reaches 400,000 rubles.
In addition to a direct violation, there may be an inaccuracy in the documents: when the actual weight of the cargo does not correspond to the declared one. At the same time, the maximum possible axle load significantly exceeds the standards. In this case, the amount of the established fine:
- for an individual - 5,000 rubles;
- for legal - 50 times more.
The basis for the application of sanctions against the driver is the weight control on the road by the traffic police inspector.
An overloaded truck is dangerous not only for the driver himself, but also for other citizens. Also, the extra load noticeably degrades the quality. pavement allowing premature wear of the asphalt. The driver should remember that a fine for overloading a truck in 2019 can be received not only for the total excess of the truck’s weight, but also for overloading on one of the axles. Thus, improper loading can lead to an administrative penalty even when total weight has not been exceeded.
Definition of the concept of "overload"
An overload should be considered an excess allowable weight vehicle. For each of the vehicles, overload is different. Much depends on whether the loading process took place correctly, as well as on the structural characteristics of the truck. Some owners trucks in pursuit of additional profit, they neglect the recommendations for the maximum permissible mass along the axles, which upsets the balance of the load on the shock absorbers.
The negative aspects of this phenomenon
If you do not take into account the issue of premature wear of shock absorbers, axle overload is the greatest threat to road conditions. It's no secret that excess weight increases the load on the road surface. In summer, when the asphalt warms up in the sun, an overloaded truck simply crushes the road, making characteristic stripes on it. As a result, the integrity of the road surface is violated, as well as the duration of its operation without the need for repair.
Another one negative side, which carries an overloaded transport - a danger to other road users. Exceeding the permissible weight of the truck increases the length of the braking distance. There is a high probability that with a sharp turn such a car is in danger of skidding. Besides, an overloaded truck is much more dangerous in the event of a collision with another vehicle, since the difference in the mass of the colliding vehicles can vary many times over.
Weight checkpoints
To prevent the abuse of carriers associated with the deliberate addition of excess cargo, despite the structural characteristics of the car, it is possible only by using special weights. As a rule, they are installed on all major routes. In summer, when the load on the roads increases due to the transportation of crops, in addition to stationary control points, mobile scales are installed on various sections of the roads.
The amount of the fine for exceeding the permissible weight of the vehicle
The regulations indicate that the amount of the fine for reloading a truck in 2019 is:
1. If the vehicle is moving in excess of the permissible mass or axle load in the range from 2 to 10% without a permit or with the same indicators exceeding the values specified in the permit by 2-10%:
- from 1000 to 1500 rubles - for the driver;
- from 10,000 to 15,000 rubles - for officials responsible for transportation;
- from 100,000 to 150,000 rubles - for a legal entity and individual entrepreneur;
- 150,000 rubles - for the owner of the vehicle (owner) in case of fixing a violation by photo or video recording using special means in automatic mode.
2. When the vehicle is moving without a permit in excess of its mass or axle load in the range of 10 to 20%:
- from 3000 to 4000 rubles - for the driver;
- from 25,000 to 30,000 rubles - for officials responsible for transportation;
- from 250,000 to 300,000 rubles - for organizations and individual entrepreneurs;
- 300,000 rubles - for the owner (owner) of the vehicle when fixing an offense in automatic mode.
3. Without permission with an excess of 20 to 50%:
- from 5,000 to 10,000 rubles or deprivation of rights for a period of 2 to 4 months - for the driver;
- from 35,000 to 40,000 rubles - for officials responsible for transportation;
- from 350,000 to 400,000 rubles - for an individual entrepreneur and a legal entity;
- 400,000 rubles - for the owner of the vehicle (owner) during auto-fixation
4. Exceeding the allowable weight specified in the special permit by 10 to 20% will result in a fine:
- from 3000 to 3500 rubles - for the driver;
- from 20,000 to 25,000 rubles - for officials responsible for transportation;
- from 200,000 to 250,000 rubles - for a legal entity and individual entrepreneur;
- 250,000 rubles - for the owner of the vehicle (its owner), if the violation was recorded by special means on a video or photo.
5. If the axle load or vehicle weight is exceeded by 20 to 50% of the maximum possible value specified in the permit:
- from 4000 to 5000 rubles or deprivation of the right to drive for a period of 2 to 3 months - for the driver;
- from 30,000 to 40,000 rubles - for officials;
- from 300,000 to 400,000 rubles - for organizations and individual entrepreneurs;
- 400,000 rubles - for the owner of the vehicle, subject to automatic fixation of the violation.
6. If the indicator of the mass or axle load permissible for movement is higher than 50% when driving without a permit or by more than 50% of the value specified in the special permit:
- from 7,000 to 10,000 rubles or deprivation of rights for a period of 4 months to six months - for the driver;
- from 45,000 to 50,000 rubles - for persons responsible for cargo transportation in accordance with their official duties;
- from 400,000 to 500,000 rubles - for individual entrepreneurs and legal entities.
- 500,000 rubles - for the owner of the car if the fact is fixed by special means(photo, video).
The amount of the fine is determined by the results of the control measurement of the load on each axle.
If the traffic police officer discovered the fact of the presence of standing passengers in a minibus, where the transportation of citizens without allocating a seat to each is not allowed, then the fine for overloading the Gazelle or a similar vehicle is calculated according to Article 12.23 of the Code of Administrative Offenses of the Russian Federation. Such a violation is subject to a fine of 500 rubles.
Driving under a prohibition sign
According to Article 12.16 of the Code of Administrative Offenses of the Russian Federation, it is 500 rubles. In Moscow and St. Petersburg, the amount of the penalty for the same violation increases to 5,000 rubles.
16-CAO.docx
Road sign 3.4 prohibiting the movement of freight Vehicle, may include an image of the allowed weight of the truck. So, if there is a number “4t” on the sign, the ban on passage will apply only to trucks with a total mass of more than 4 tons. All other vehicles are allowed to pass.
Payment order
Often violations related to exceeding the axle load arise due to the fact that the driver or the consignor has a poor idea of what threatens to overload the truck. As a result, the citizen responsible for the operation of the truck receives a fine that is almost impossible to appeal.
It is in the interests of the fined driver not to delay payment. Otherwise, the recovery of the fine will be transferred to the Bailiffs Service. You can pay your fine through:
- cash desk of a banking institution;
- mobile app;
- website of a banking institution;
- payment terminal.
Who is responsible for the breach
Who is responsible for transshipment on axles: the carrier or the consignor? The provisions of the current legislation indicate that in the event of violations of the rules for the carriage of goods, all those involved in the act under Art. 12.21.1. Persons of the Code of Administrative Offenses of the Russian Federation: driver, official responsible for transportation, consignor, person (company or individual entrepreneur) who carried out the loading. A fine can also be imposed on a legal entity (individual entrepreneur) - the owner of the truck, subject to fixing the offense with special means of photography or video filming.
If a situation arose when the driver was not notified that the car was overloaded during loading, then in the event of a fine being collected, he has the right to file a recourse claim against the consignor demanding compensation.
The situation when the driver becomes "extreme" when an overload is detected is far from uncommon. Often, the shipper and the truck owner may be in cahoots, agreeing to send additional cargo without including this information on the waybill. This is done to reduce transportation costs. In some cases, the driver becomes aware of the overload only at a stationary traffic police post.
Is it possible to avoid a fine?
Taking into account that the size of the fine for reloading can reach several hundred thousand rubles, many carriers are thinking about ways that would allow them to cancel the imposed penalty. How to avoid an overload penalty? If we are talking about a situation where a violation protocol has not yet been drawn up, then the driver can try to convince the traffic police officer that the extra axle load arose due to the displacement of the load. This method can hardly be called effective, since the reason (improper loading) does not cancel the fact of the violation (the presence of overload).
Cancellation of the fine can be achieved in court. To do this, the truck owner requests an independent examination, during which the loading process is simulated and the load on the truck axle is calculated. If the results of the expert assessment prove that only a general overload occurred, but the axle load was normal, the judge may accept this fact as a basis for reducing the amount of the fine or canceling it.
If the driver or owner of the truck could not cancel the imposed fine through the court, then the violator is obliged to pay the penalty in the specified amount. The 50% discount on the amount of the fine is no longer valid here, since its validity period (20 days) has already passed.
A few days after the payment of the fine, it is recommended to check the transfer of money. available on the traffic police website.
The legislators' struggle for reloading trucks (tonar, kamaz, volvo, scania, man, gazelle, on axles ...) on the roads originates from an effective solution to the problems of reloading wagons in railway transport. Only in 2014, 3 laws were adopted that changed the rules for the passage of heavy vehicles.
Fines for overloading freight transport in 2020
Background
It was there that the issue of overload control was worked out freight transport along the axes and, of course, a practice has been developed to recover huge fines associated with damage to the road infrastructure (canvas) Russian Federation. It is estimated that about 20% of freight vehicles move with overloaded cargo, causing damage to the roadway.
The overload of the car is determined by the load on each axle: rear plus front. The total is the load of the weight of the car, transmitted through the wheels to the roadbed. Often rear axle The car bears most of the load compared to the front.
In most cases, permits for reloading are not issued. Accordingly, the damage caused to roads is not compensated. At the same time, drivers often do not know about overloading, since consignors indicate underestimated data on the consignment note.
Statistics have confirmed the effectiveness of the introduction of fines for overload
From 100,000 to 200,000 violations of weight and size standards for trucks are recorded monthly, which leads to billions in damage to the state and taxpayers. In particular, in 2018, more than 20 bridges were damaged by demolition trucks on federal highways. The restoration of each of these objects will take 1.5-2 years.
Since the penalty for overload was introduced, the number of violations of traffic rules has decreased by 2.5 times. If things go on like this, then at such a pace, then over time, overload on the roads may become a rare occurrence, and their quality will improve significantly.
What served to reduce such offenses, as well as:
- Reduced the likelihood of accidents because lengthening the stopping distance leads to an accident. It should be noted that the braking distance is lengthened by the inertia of the load and creates a high probability for the car to skid, which is inevitable in rainy weather and ice. And if the load is not secured, then there is a danger of tipping over and then other road users will suffer.
- Extended the life of roads, especially in terms of increasing the life of the road before the formation of a rut. The problem of rutting has escalated in last years due to the rapid increase in traffic intensity, as well as abnormal temperatures in the summer.
- Overloading leads to increased wear of parts and components of vehicles, as well as increases fuel and oil consumption.
You can deal with the problem yourself by reading the article to the end to find out how much the Penalty for overload, or use the services of our company.
What is the penalty for overloading in 2019
In case of an overload of more than 2% and not more than 10% on each of the axles and in general
- Vehicle driver (individual) from 1,000.00 to 1,500.00 rubles. (without disqualification).
- Official (responsible) person from 10,000.00 to 15,000.00 rubles.
- Legal entity from 100,000.00 to 150,000.00 rubles.
- In the case of automatic fixation in the amount of 150,000.00 rubles.
In the case of more than 10% and not more than 20% for each of the axles and in general
- Vehicle driver ( individual) from 3,000.00 to 4,000.00 rubles. (without disqualification).
- Official (responsible) person from 25,000.00 to 30,000.00 rubles.
- Legal entity from 250,000.00 to 300,000.00 rubles.
- In the case of automatic fixation in the amount of 300,000.00 rubles.
In the case of more than 20% and not more than 50% for each of the axles and in general
- Vehicle driver (individual) from 5,000.00 to 10,000.00 rubles, as well as deprivation of rights from 2 to 4 months.
- Official (responsible) person from 35,000.00 to 40,000.00 rubles.
- Legal entity from 350,000.00 to 400,000.00 rubles.
- In the case of automatic fixation in the amount of 400,000.00 rubles.
In the case of more than 50% on each of the axles and in general
- Vehicle driver (individual) from 7,000.00 to 10,000.00 rubles, as well as deprivation of rights from 4 to 6 months.
- Official (responsible) person from 45,000.00 to 50,000.00 rubles.
- Legal entity from 400,000.00 to 500,000.00 rubles.
- In the case of automatic fixation in the amount of 500,000.00 rubles.
The practice of our clients shows, it is necessary to advise drivers on what and how to say, where to sign, and where to put it does not agree. This will not only avoid fines for the company, but the driver will also avoid deprivation of rights. If the driver was involved more than 2 times under the article of the Code of Administrative Offenses of the Russian Federation in terms of overload, the court decision for the third time will be associated with deprivation of rights from 6 months. Such decisions are difficult to challenge on appeal, and even more so in cassation.
In some regions of Russia, there are additional restrictions on reloading for the summer period, as a rule, it begins to operate from the end of May to mid-August.
If the traffic route passes through the regions of the Russian Federation, study the entire route, additional changes and restrictions are possible. The amount is set depending on the severity of violations, and remember! - it is necessary to eliminate an administrative offense in any case, and punishment cannot be avoided.
Car weighing procedure
The procedure for determining the permissible mass of the vehicle at mobile points consists of the following key points:
- The weight of the car is determined exclusively on special equipment, namely the VA-20P scales, corresponding to GOST-R 53228-2009.
- The measurement results should not have an error exceeding plus or minus 20 kg.
- The procedure itself must be carried out in accordance with Federal Law No. 102 "On observance of the uniformity of measurements" and Order of the Ministry of Internal Affairs No. 1014 "List of verification tools".
How many weighing attempts
If during dynamic weighing the mass of the car turned out to be outweighed, the truck is stopped and sent to a stationary post for re-weighing.
During the control weighing, the driver must make sure that all officials have permission and certificates for this, and that the equipment is in good condition.
What should be the weight per axle?
- if the car has two axles - 18 tons.
- if three axles - 25 t.
- Vehicle with four axles - 32 t.
- five-axle - 35 t.
The memo to the driver sets the weight limits for the mass per axle with a single arrangement of them with a distance between them of 2.5 meters or more - from 5.5 to 11.5 tons. Read more about weight at the end of the article!
What law states
Legislative framework regulating the transshipment of trucks (having figured it out, "wipe your nose to any traffic inspector")
- Federal Law No. 257 of 08.11.2007 legislated such concepts as: overload of freight transport, permissible weight, axle load, permissible axle load, highway, road users, indivisible cargo, etc.
- Decree of the Government of the Russian Federation No. 934 of November 16, 2009 determining the amount of damage and the rules for compensation for damage.
- Federal Law No. 127 of July 24, 1998 “On Control over International Road Transportation and on Liability for Violation of this Procedure”.
- Code of the Russian Federation "On Administrative Offenses" art. 12.21 "Violation of the rules for the carriage of goods, the rules for towing."
- By order of the Ministry of Transport of the Russian Federation dated 08.08.1995 No. 73, he determined the list of dangerous goods and the rules for their transportation.
- Decree of the Government of the Russian Federation of April 15, 2011 No. 272. Annex 2 makes no distinction between single or dual wheels.
- Decree of the Government of the Russian Federation of January 9, 2014 No. 12, entered into force on January 1, 2015.
- Population codifier for cities and towns.
Requirements for the transportation of goods in the Russian Federation
General requirements for the carriage of goods are defined in Sec. 23 of the Rules of the road. Thus, clause 23.1 of the Rules stipulates that the mass of the transported cargo and the distribution of the load along the axles should not exceed the values established by the manufacturer for this vehicle.
When determining the values of the relevant parameters, one should proceed from the characteristics of the vehicle, determined by the manufacturer, indicating:
- carrying capacity - the maximum allowable weight of the transported cargo
and for passenger car the number of seats and the weight of the transported cargo, depending on the number of passengers transported;
b) for a bus - nominal and maximum capacity; - equipped and authorized maximum weight vehicle;
- distribution of the curb and permitted maximum masses along the axes.
One of the most important indicators technical specifications vehicle is the value of the axle load, i.e. load on the road, transmitted by the wheels of a single, most loaded axle. This indicator is related both to the mass of the transported cargo, and to the distribution payload to the vehicle.
Paragraph 23.2 of the Rules imposes on the driver the obligation before starting and during the movement to control the placement, fastening and condition of the load in order to avoid its falling, interfering with the movement. The conditions under which the carriage of goods is allowed are also listed (clause 23.3 of the Rules).
Transportation of bulky, heavy and dangerous goods is carried out in accordance with special rules, liability for violation of which is provided for in Art. Art. 12.21.1 and 12.21.2 of the Administrative Code of the Russian Federation.
The concepts of heavy and oversized vehicles
disclosed in Art. 3 of the Federal Law "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation", in which they were included by the Federal Law of July 13, 2015 No. 248-FZ.
A heavy vehicle means a vehicle whose mass, with or without cargo, and (or) the axle load of which exceeds the permissible vehicle weight and (or) the permissible axle load, which are established by the Government of the Russian Federation.
An oversized vehicle is a vehicle whose dimensions, with or without cargo, exceed the allowable dimensions established by the Government of the Russian Federation.
Powers and deadlines for the issuance and consideration
Protocols on these administrative offenses are drawn up by officials of the internal affairs bodies (part 1 of article 28.3 of the Code of Administrative Offenses of the Russian Federation).
Cases of administrative offenses are considered by the head of the state traffic safety inspectorate, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy, employees of the state safety inspectorate.
- Decrees on cases of these administrative offenses cannot be issued after 2 (two) months from the day the offense was committed.
- happy day of these offenses should be considered the day of their detection (suppression) by an authorized official.
- Place of commission commented offenses is determined by the place of their discovery by an authorized official.
How to avoid liability for overload
The solution was found a long time ago and it’s not a secret for anyone, we won’t describe it, watch the video, there are all the answers in the first minutes.
Our legal center deals with issues of fines and liability, if you have any difficulties, please contact us, we will help to resolve 8 495 532 54 57
How to avoid paying a fine from the company
To do this, it is necessary to prove that the employee acted for personal purposes, using a car without the knowledge of the company's management or Individual entrepreneurs are not legally a legal entity, so the fine must be issued as a responsible person, which is much less than a fine for a legal entity.
You also need to remember that at present the movement of a heavy vehicle exceeding the permissible mass of the vehicle or the permissible axle load of the vehicle by no more than 2% without special permission is not administratively punishable.
Administrative responsibility does not arise even in the case when the weight parameters of the vehicle specified in the special permit are exceeded by no more than 2%.
Double fine payment
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 are in statutory the term did not appeal against the decision and did not pay the fine, the inspector of the UGADN or the traffic police may issue a double fine on the basis of Part 1 of Art. 20.25 Administrative Code of the Russian Federation. Therefore, be careful, contact us immediately after receiving the determination (notice) of calling you to draw up a protocol on an administrative offense under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation.
What is the minimum fine by the 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 lower limit (half of the minimum amount).
Jurisdiction of administrative cases on overload
According to Art. 22 of the Civil Procedure Code of the Russian Federation, part 2 of Art. 23.1 Administrative Code of the Russian Federation, cases of administrative offenses under Art. 12.21.1 of the Code of Administrative Offenses, are considered by courts of general jurisdiction. For now judicial practice in such cases can already be considered formed. The vast majority of claims against carriers and shippers are satisfied in full by the courts. An appeal against such decisions does not lead to their cancellation.
At the same time, it is important to understand that argues for a disgusting road, lack of signs, etc. are in no way connected with the overload and have no prospects in court in case of challenging the administrative fine for overload.
Regarding giving a bribe to an official for overloading
(payment scheme for the route of traffic with overload)
On April 20, 2016, an individual was convicted of committing crimes under Part 3 of Art. 290, part 3 of Art. 290, paragraph "c" part 5 of Art. 290 of the Criminal Code of the Russian Federation, with the imposition of penalties: for hours. 3 Article. 290 of the Criminal Code of the Russian Federation for each of the two crimes in the form of imprisonment with the application of Art. 64 of the Criminal Code of the Russian Federation for a period of 2 years, with a fine in the amount of thirty times the amount of the bribe in the amount of 2.100.000 rubles, with the application of Part 3 of Art. 47 of the Criminal Code of the Russian Federation, with deprivation of the right to hold positions in the civil service in the system of law enforcement agencies of the Russian Federation, related to the implementation of the functions of a representative of power, for a period of 2 years with deprivation on the basis of Art. 48 of the Criminal Code of the Russian Federation of the special rank "senior police lieutenant", and according to paragraph "c" part 5 of Art. 290 of the Criminal Code of the Russian Federation in the form of imprisonment with the application of Art. 64 of the Criminal Code of the Russian Federation for a period of 4 years, with a fine in the amount of thirty times the amount of a bribe in the amount of 13,725,000 rubles, with deprivation for a period of 2 years and 6 months of the right to hold positions in the civil service in the system of law enforcement agencies of the Russian Federation related to the implementation of the functions of a representative of power , with deprivation on the basis of Art. 48 of the Criminal Code of the Russian Federation of the special rank "senior police lieutenant"; on the basis of hours 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation, on the basis of the totality of crimes, by partial addition of the imposed punishments, K. was finally sentenced to imprisonment for a term of 5 (five) years, with his serving in a strict regime correctional colony, with a fine of 15,000,000 rubles, with deprivation of the right to hold positions in the public service in the system of law enforcement agencies of the Russian Federation, related to the implementation of the functions of a representative of power, for a period of 3 years, with the deprivation of the special rank of "senior police lieutenant".
An individual was found guilty by the said verdict of having twice committed the receipt of a bribe, i.e. receipt by an official personally of a bribe in the form of money, in a significant amount, for committing illegal actions in favor of the bribe giver and, by virtue of his official position, facilitating such actions, and also found guilty of taking a bribe, i.e. receipt by an official personally of a bribe in the form of money on a large scale for committing illegal actions in favor of the persons represented by the bribe-giver and facilitating such actions by virtue of his official position.
Who gave a bribe
Convicted each for committing crimes under Part 3 of Art. 291, p. p. "a, b" part 4 of Art. 291 of the Criminal Code of the Russian Federation, with the appointment of penalties for each: for hours. 3 Article. 291 of the Criminal Code of the Russian Federation in the form of imprisonment for a term of 2 years, with a fine using Art. 64 of the Criminal Code of the Russian Federation in the amount of ten times the amount of a bribe in the amount of 700,000 rubles, and according to paragraphs “a, b” part 4 of Art. 291 of the Criminal Code of the Russian Federation in the form of imprisonment, with the application of Art. 64 of the Criminal Code of the Russian Federation, for a period of 3 years, with a fine in the amount of twenty times the amount of the bribe in the amount of 9,150,000 rubles; on the basis of hours 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation on the totality of crimes, by partial addition of the imposed punishments, F ... and R ..., each was finally sentenced to imprisonment for a term of 4 years, with his serving in a penal colony of general regime, with a fine of 9.500.000 rubles .
The crimes were committed in 2014 in the city of Moscow under the circumstances detailed in the verdict. At the same time, the average amount of a bribe that a Moscow official receives from business representatives in 2016 increased two and a half times compared to 2015. In 2015, the police recorded a similar double increase compared to 2014 levels. Against the backdrop of falling real incomes of citizens, such an increase in the well-being of corrupt officials is especially impressive, which will be even more impressive by the end of 2017.
The convicts were taken into custody in the courtroom, the verdict resolved the issues of calculating the terms of punishment and material evidence in the case. The appeal and cassation left this decision in force.
Additional penalties for overload
1 . There is also a fine for violation of the paperwork, which is an incorrect indication of the weight of the cargo. The difference between the weight according to the documents and the weight determined by the weights at the site of the administrative violation (distortion).
- Vehicle driver RUB 5,000.00
- Individual entrepreneur from 10,000.00 to 15,000.00 rubles.
- Legal entity from 250,000.00 to 400,000.00 rubles.
2 . Fine for non-compliance with traffic signs. If there are restriction signs on the route.
- Vehicle driver from 2,000.00 to 2,500.00 rubles.
3 . Litigation on causing property damage caused by vehicles transporting heavy cargo on highways Russian Federation” establishes the procedure for compensation for harm (Government Decree No. 934 dated November 16, 2009).
- According to Part 1 of Art. 1079 of the Civil Code of the Russian Federation - the obligation to compensate for harm is imposed on a legal entity or citizen who owns a source of increased danger on the basis of ownership, the right of economic management or the right of operational management, or on another legal basis (on the right to rent, by proxy for the right to drive a vehicle, by virtue of the order of the relevant authority to transfer to it a source of increased danger, etc.). In Tyumen, there is a similar unpleasant practice, according to a court decision dated February 3, 2014 in case No. 33-431 / 2014, in favor of the Federal State road agency» a fee for the transportation of heavy cargo when traveling on public roads of federal significance in the amount of 207,106 rubles. 30 kop., court costs in the amount of 1628 RUB. 76 kopecks, total 208735 rubles. 06 kop.
Rules for the transportation of oversized cargo
Rules of the road (abbreviated SDA) in paragraph 23.4. state - “If the load on the vehicle protrudes more than 1 meter at the rear or 40 centimeters on the sides, it must be indicated by signs“ oversized cargo ”in the daytime. At night, it is required to additionally install white reflectors or a lantern in front, and equip the load with red reflectors at the back.
But in addition to the traffic rules in the Code of Administrative Offenses, part 2, the following amendment is indicated:
"Transportation of goods that exceed the dimensions entered in the special permit, more than 10 centimeters - entails a fine from 1,500 to 400,000 rubles."
Freight transport overload
Legislatively, overload or non-compliance with dimensions (exceeding) is administratively punishable, liability from a fine to deprivation of a driver's license.
In the "real life" the mass of the car is transferred to the roadway by the wheels of each of the axles and there are two types of axle load:
1. Permissible load on the axle of the transport defined by the manufacturer.
2. Restriction of the load on the axle fixed by law.
The load on the axles of the transport in the sum is the permissible load as provided by the manufacturer and require legal restrictions.
According to the classification, freight vehicles are divided into two types:
1. cars of group A (they are allowed to be used only on the tracks of the first, second and third categories);
2. cars of group B (their operation is allowed on roads of any category).
Permissible axle load for cars of group A ranges from 10 to 6 tons (depending on the distance between the axles). For auto group B, the load can be from 6 to four and a half tons.
According to GOST R 52051-2003, the categories of vehicles intended for the carriage of goods received the following names in Russia: N1 - low-tonnage (up to 3.5 tons), N2 - medium-tonnage (more than 3.5 - up to 12 tons) and N3 - heavy-duty vehicles (over 12 tons).
More about the permissible axle load of groups A and B
| № p/n |
Distance between axles |
||
| 1 | over 2 | 10 | 6 |
| 2 | 1,65-1,2 | 9 | 5,7 |
| 3 | 1,65-1,35 | 8 | 5,5 |
| 4 | 1,35-1 | 7 | 5 |
| 5 | up to 1 | 6 | 4,5 |
Attachment 1- the mass of a single vehicle (meaning, without a trailer), with static weighing, should not exceed:
18 tons for a 2-axle vehicle;
25 tons for 3-axle;
32 tons for 4-axle;
35 tons for 5 axles.
Appendix 2- the permissible loads on the axles of the vehicle are indicated, with dynamic weighing.
For single vehicles, with a distance between axles of 2.5 meters, the axle load must not exceed:
6 tons for a road designed for 6 tons;
10 tons for a road designed for 10 tons.
Reference: In European countries, higher loads are set on transport corridors (in Poland and Germany, for example, the permitted weight of road trains is up to 40 tons, and in Slovakia - 44 tons).
How and where to get a permit (pass) for the transportation of heavy and oversized cargo
For example, in Moscow, the issuance of special permits for the transport of heavy and (or) bulky cargo road network of the city is carried out by the Department of Housing and Communal Services and Improvement of the City of Moscow in the "single window" mode (see the Regulations for the preparation and issuance of special permits for the transport of heavy and (or) large-sized cargo on the street and road network of the city of Moscow, approved by the Decree of the Government of Moscow dated August 24, 2010 No. 735-PP).
The issues of organizing the movement of vehicles carrying bulky and heavy cargo, as well as the requirements for the technical condition, equipment of vehicles and the designation of cargo are set out in the Instructions for the transportation of bulky and heavy cargo by car on the roads of the Russian Federation, approved. Order of the Ministry of Transport of Russia dated May 27, 1996 No.