Accident statistics clearly show that cars with excess cargo become a direct threat to the safety of all road users. An overloaded passenger car loses stability and maneuverability, it can suddenly break down, changing the trajectory of movement. Carrying extra passengers in the car can also lead to negative consequences. Therefore, according to the rules of traffic rules, excess cargo and passengers in the car are considered an administrative offense, which provides for a fine for overloading passenger car.
According to the Code of Administrative Offenses of the Russian Federation, overload vehicle on the axles, which has a negative impact on the roadway, applies exclusively to trucks. But this does not mean at all that it is possible to load a passenger car “to the eyeballs” with cargo or passengers with impunity.
From a road safety point of view, overloading a passenger car is just as dangerous as overloading trucks.
The danger of overload is as follows:
- The car loses stability on the road. Sudden braking can cause loss of control.
- The vehicle's center of gravity shifts. The load on the rear leads to skidding on turns and provokes the vehicle to roll over or collide with other vehicles.
- A car with an extra load “sags”, and while driving, it touches the bottom and bumper of the roadway. And this leads to damage to the road surface.
Do not forget that overload negatively affects the condition of the car itself. exceeding the permissible load has a negative effect on frames, spars and shock absorbers, dramatically reducing their service life.
Extra cargo
Car owners filling a passenger car with cargo or trying to transport large items in it are often guided solely by their own interests and do not take into account the inconvenience they cause to other road users. At the same time, an overloaded passenger car is a direct threat to everyone.
Excess cargo in a car is dangerous for the following reasons:
- The driver has limited visibility, so he cannot control the situation to the side and rear of the car.
- The load shifts the center of gravity or may suddenly move, causing the vehicle to lose stability while driving. The car can easily lose control, braking distances it will also increase.
Extra passengers
The temptation to put extra passengers in the passenger compartment of the car periodically arises for many drivers, although the maximum number of people who can be transported in the cabin is clearly stated in the documents for the car.
The regulated number of passengers is set for traffic safety reasons. For each in the cabin there is a seat belt that can protect the passenger in the event of an accident. Extra people cause an overload of car passengers, and also create interference for the driver in the process of driving it.
How the inspector determines the overload of the "passenger car"
Exceeding the number of passengers in the cabin will definitely attract the attention of the traffic police inspector, and it will be impossible to challenge the fine issued for this violation. The employee has the right to stop and punish the driver of a car carrying more than four passengers. According to the rules, each passenger must be secured with a seat belt while driving. If someone does not have enough belt, this fact is considered a violation and provides for administrative punishment.
A separate point is the carriage of minor passengers in the cabin. Many drivers believe that 5 seats in a car are intended for adult passengers, and a child can be transported on his knees. But according to the rules, children are the same passengers who must be located on the seat and fastened with a seat belt. For children under 12 years old, a special seat () must be installed in the car.
The fact of transportation of excess cargo is established visually. If the load blocks the driver’s view, the car sags under the weight of the load and hits the roadway with a bumper, or parts of the load protrude beyond the car, which interferes with other road users, the inspector has the right to stop the vehicle and fine the driver.
Administrative penalty for overloading a car
The penalty for overloading the vehicle is charged on the basis of the Code of Administrative Offenses of the Russian Federation. According to this document, driving on the highway with a load exceeding the maximum allowable load for this category of vehicle and / or preventing the driver from fully driving the car is punishable a fine of 500 rubles.
You will have to pay twice for overloading with people:
- 500 rubles - punishment for the passenger
- 1000 rubles - a punishment for the driver for overloading.
In any case, the driver will have to pay a fine for overloading with people, so in total he must pay 1,500 rubles out of his pocket. For transporting a child on his lap, the driver will be punished with a fine of 3,000 rubles.
Important. The number of people transported in excess of the norm does not affect the amount of the fine. Regardless of the number of extra passengers, the fine will be 500 and 1 thousand rubles for the very fact of violating the rules for transporting people.
Another important question is what is the penalty in 2018 in case of transportation of a passenger in a place not intended for this (in the trunk, on the hood, etc.) The fine for this administrative offense is 1000 rubles.
A fine for overloading a car is not the most terrible consequences for the driver. Driving a vehicle loaded in excess of the norm is fraught with unpredictable consequences, therefore, for safety reasons, it is still not worth allowing it.
Overloading is a punishable offence, for a number of reasons. First, the pavement, the construction of which was financed by the state, can withstand loads up to a certain limit. Exceeding the load of a truck or car will contribute to accelerated wear and destruction of the road. Secondly, maximum control over the vehicle is achieved only if the value allowable weight cargo. The more the car is overloaded, the longer its path becomes during emergency braking. This, in turn, increases the risk of a traffic accident.
What is the legal penalty for overloading a truck?
According to Article 29, Clause 2 of the Federal Law of 08.11.2007 N 257-FZ (as amended on 07.2016) "On highways and on road activities in Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation, drivers are prohibited from driving on roads in vehicles whose weight and / or axle load exceeds the allowable by law, without special permission. This was done to compensate for the wear and tear on the roadway that an overloaded car can cause.
Currently, commercial freight transport can be owned by both individuals and legal entities. Both those and others, in pursuit of profit, can overload their cars. Moreover, this is done both with and without a special permit for transportation. To combat unscrupulous violators, the legislation provides for a system of fines, regulated by the "Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on November 22, 2016). How much is the penalty for overload truck mobile for individuals in 2018 less fine for legal entities read below.
Fine for reloading a truck for legal entities and individuals
According to the "Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on November 22, 2016), article 12.21.1 "Violation of the rules for the movement of a heavy and (or) large-sized vehicle" part 1-6, the following sizes are established fines:
Movement of an overloaded truck without a special permit:
- individual - 3,000 - 4,000 rubles;
- official - 25,000 - 30,000 rubles;
- legal entity - 250,000 - 300,000 rubles;
- for the owner of a vehicle in the event of photo and video recording of an offense - 300,000 rubles.
- individual - 5,000 - 10,000 rubles or deprivation driving license for a period of 2 - 4 months;
- official - 35,000 - 40,000 rubles;
- legal entity - 350,000 - 400,000;
Movement of an overloaded truck with a special permit:
If the overload is from 2% to 10% in general and on each axle:
- individual - 1,000 - 1,500 rubles;
- official - 10,000 - 15,000 rubles;
- legal entity - 100,000 - 150,000 rubles;
- for the owner of the vehicle in the event of photo and video recording of the offense - 150,000 rubles.
If the overload is from 10% to 20% in general and on each axle:
- individual - 3,000 - 3,500 rubles;
- official - 20,000 - 25,000 rubles;
- legal entity - 200,000 - 250,000 rubles;
- for the owner of a vehicle in the event of photo and video recording of an offense - 250,000 rubles.
If the overload is from 20% to 50% in general and on each axle:
- an individual - 4,000 - 5,000 rubles or deprivation of a driver's license for a period of 2 - 3 months;
- official - 30,000 - 40,000 rubles;
- legal entity - 300,000 - 400,000;
- for the owner of the vehicle in the event of photo and video recording of the offense - 400,000 rubles.
If the overload exceeds 50% overall and on each axle:
- individual - 7,000 - 10,000 rubles or deprivation of a driver's license for 4-6 months;
- official - 45,000 - 50,000 rubles;
- legal entity - 400,000 - 500,000 rubles;
- for the owner of a vehicle in the event of photo and video recording of an offense - 500,000 rubles.
Important! From the above information, it can be seen that the same penalty for overloading an axle according to the law in 2018, regardless of the presence of a permit or its absence, falls on the minimum and maximum overload!
Article 27.13 part 1 of the Code of Administrative Offenses of the Russian Federation states that in order to avoid further violations of the rules for operating an overloaded vehicle, provided for in parts 1-6 of article 12.21.1, it can be applied
"... detention ..., that is, the exclusion of the vehicle from the process of transporting people and goods by moving it with the help of another vehicle and placing it in the nearest specially designated guarded place (to a specialized parking lot), and storing it in a specialized parking lot until the cause is eliminated detention."
What is the penalty for an overloaded Gazelle
Often, drivers have a question about what the fine is for overloading the gazelle along the axles. To calculate it, you must first answer the question: "How many percent did the actual axle load exceed the maximum allowable?" Of course, experts will be able to give an exact answer, since the calculation takes into account many factors.
Here are some points that are taken into account when calculating the fine:
- how much the permissible mass of the Gazelle was exceeded;
- distance between vehicle axles;
- what is the maximum load on rear axle(she is always more loaded);
- by how many percent the actual load exceeded the allowable;
- who will pay the fine - the driver, an official or a legal entity.
Responsibility of the consignor for exceeding the weight of the cargo
Often, shippers indicate in a special permit one weight of the cargo, and in fact a weight greater than the declared one is loaded. As a result, excess allowable weight truck and axle overload. The law imposes a penalty for overload on the shipper. In Art. 12.21.1 part 10 of the Code of Administrative Offenses non-compliance with the declared data in the special permit for the weight of the cargo,
"... shall entail the imposition of an administrative fine on individual entrepreneurs in the amount of eighty thousand to one hundred thousand rubles; on legal entities in the amount of two hundred and fifty thousand to four hundred thousand rubles."
Also, the legislation, depending on the severity of the violation, provides for a different amount of the fine for the intentional provision of false data on the weight of the cargo. If the offense does not fall under any of the categories described in parts 1-6 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation, then part 7 of a similar article provides
"... the imposition of an administrative fine on the driver of a vehicle in the amount of one thousand to one thousand five hundred rubles; on officials responsible for transportation - from five thousand to ten thousand rubles; on legal entities - from fifty thousand to one hundred thousand rubles ".
If the intentional omission of the actual weight of the cargo led to a violation of part 1, 2 or 4 of article 12.21.1, then part 8 imposes a penalty in the form
"... an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; on officials - from fifteen thousand to twenty thousand rubles; on legal entities - from two hundred thousand to three hundred thousand rubles."
In case of violation of part 3, 5 or 6 due to similar actions of the consignor, part 9 of article 12.21.1 imposes liability as an overlay
"... an administrative fine on citizens in the amount of five thousand rubles; on officials - from twenty-five thousand to thirty-five thousand rubles; on legal entities - from three hundred and fifty thousand to four hundred thousand rubles."
If the vehicle, in terms of actual weight or axle load, exceeds the allowable values indicated on the road sign, and at the same time moves without a special permit, then Part 11 of Article 12.21.1 provides for a fine for this offense. The amount of the administrative penalty is five thousand rubles.
Note. For the administrative offenses provided for in Article 12.21.1, persons engaged in entrepreneurial activities without forming a legal entity shall bear administrative responsibility as legal entities.
Fine for overloading a car
The axle overload rules do not apply to a passenger car, since this clause is not provided for by law. However, it is possible to overload this vehicle if you take on board more passengers than it is provided technical documentation. The following is written in the Rules of the Road, paragraph 22.8:
"It is forbidden to transport people: ... in excess of the amount provided for technical specification vehicle" (as amended by Decree of the Government of the Russian Federation of December 14, 2005 N 767).
The penalty for overloading a car in 2018 for each extra passenger is 500 rubles. Since there is no seat belt for an extra passenger, you can also earn another penalty of 1,000 rubles for an unfastened passenger along the way.
The mass of the loaded truck and the load on 1 axle are the parameters that must be strictly adhered to. On the different roads the permitted load of a truck is different. Therefore, the driver and the organization that owns the vehicle must clearly know the restrictions that exist on each of the sections of the route. Overloading will be both premature destruction of the roadbed and the risk of an accident with a heavy vehicle out of control. Fine for overloading a truck in 2018, how much drivers and responsible persons are fined.
Photo: pixabay.com
Who is responsible for reloading trucks in 2018
Responsibility for exceeding the maximum weight of the entire vehicle or the load on each axle according to the law may be borne by different entities.
First of all, it is the driver. It provides for minimum fines, but they will be minimal in comparison with fines for other entities that may be punished. One way or another, we mean thousands of rubles.
Also, officials of the carrier company responsible for transportation can be fined. Here, the order of fine amounts is measured in tens of thousands of rubles.
The company can also be fined in general - hundreds of thousands of rubles.
Please note that in this case, an individual entrepreneur is equated to an organization, and the penalty will be exactly the same.
And finally, the owner of the vehicle can be fined. And it doesn’t matter if it is an organization or an individual, the amount of the fine will be hundreds of thousands.
Fines are imposed on the owner if the overload of the vehicle was recorded by automatic photo and video cameras. The state will not figure out who was driving, who was responsible for transportation as a responsible person in an organization, etc.
The specific amount of fines will be related to how overloaded the vehicle is. The greater the percentage of overload from the norm, the greater the amount of the fine.
Photo: pixabay.com
What determines the amount of the fine for overloading the truck
Overloading starts from the moment when the maximum permitted weight of the vehicle or the load on 1 axle is exceeded by 2% or more.
Usually, vehicles are weighed at specialized stationary weight control points. As a rule, on the section of the road where there is a similar point, all trucks are required to pass through specialized scales at low speed.
Sometimes mobile checkpoints are also used. A specialized platform in this case can be placed on almost any section of the road.
Overloading up to 2% is not subject to a fine. This figure is laid down as an error of scales at control points. Thus, if the inspectors try to provoke the driver into a bribe with an overload of just under 2%, then the threat that they will issue a fine does not make sense, since they do not have this right.
The Code of Administrative Offenses in 2018 has the following gradation of vehicle overload, according to which the amount of the fine increases:
- 2-10%,
- 10-20%,
- 20-50%,
- over 50%.
Another important point is the possible overload coordination. If government agencies issue a separate permit for the carriage of goods in excess of the permissible weight or axle load, then within the limits of this agreement, the overload will be permissible.
Thus, if the truck turned out to be heavier than it was allowed, then a fine will also be imposed for this.
In this situation, the overload percentage will no longer be calculated from the vehicle mass or axle load permitted in this section, but from the limit contained in the permit.
And in this case, they begin to fine only if the overload exceeds 10% of the mass or axle load specified in the permit. Overloading up to 10% is not subject to fines.
Photo: pixabay.com
What are the penalties for reloading trucks in 2018
As for the fines for drivers for overloading a truck, the table of fines according to the level of overload in 2018 is as follows:
Drivers need to be aware that fines will not be the only punishment provided for them for overloading. For this violation, they can lose their driver's license.
With an overload of 20-50%, the period of deprivation of rights is 2-4 months, with an overload of more than 50% - 4-6 months.
Fines for officials responsible for transportation and allowing vehicles to enter the road with overload are as follows:
Penalties for legal entities (enterprises using trucks) are as follows:
Fines for vehicle owners issued solely by fixing the violation with automatic photo and video cameras:
Reading time: 3 min.
What is the penalty for overloading a truck in 2020? Table of penalties. How do I dispute an overload fine? The answer in this article is from the specialists of the site "Traffic Police Penalties"
The traffic police fine for overloading a truck in 2020 is
from 1500 to 500 000 rubles.Article 12.21 of the Code of Administrative Offenses of the Russian Federation
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Overload commercial transport one of the main causes of destruction of public roads. On the other hand, reloading is often extremely beneficial for commercial structures, because each extra kilogram transported in excess of the norm in this case does not require additional costs for equipment, salaries for drivers, and so on.
Overload is a characteristic phenomenon of developing countries. In Russia, it has become so commonplace that even auto dealers in their advertising began to use the possibility of overloading as a competitive advantage.
You need to make a reservation. most dangerous for pavement is precisely the overload freight transport. Extra 100-200 kg in a passenger car does not affect the cracks in the asphalt, but reduces the maneuverability of passenger vehicles, leads to problems with braking and rollover.
In recent years, the laws regarding the reloading of commercial vehicles have changed several times, the liability and the amount of fines increase from year to year.
Rules for the carriage of goods
The rules for the transportation of goods along the routes of Russia are recorded in the 257th Federal Law. Among other things, it says - if the mass of the car is 2.5% higher than the permitted one, the violator must pay a fine for overloading.
If the overload is forced and unavoidable, the truck route must be agreed in advance with the authorities. In this case, you will also have to pay for the damage caused to public roads.
Speaking about the overload of freight vehicles, the mass per one axle of the vehicle is most often taken into account. This parameter is indicated on road signs and neglect of this characteristic of the vehicle are punishable by fines.
At the same time, weight limits for trucks with different numbers of axles are legally defined.
- For two-axle trucks, the limit is 18 tons;
- 3-axle - 25 tons;
- 4-axle - 32 tons;
- 5-axle - 35 tons;
How to calculate the mass of a truck along the axles?
Precisely this setting is almost impossible. Open trucks fill with water from the rain and lose moisture with evaporation. In most cases, it is enough to add up the mass of an empty truck from the documents of the car, add it up with the mass of the cargo according to the waybills and divide by the number of axles. The final figure will need to be compared with the instructions on the road signs.
Axle overload penalty
The fine for axle overload is issued by the traffic police on the basis of part 21 of article 12 of the Code of Administrative Offenses of the Russian Federation. The amount of the fine depends on the scale of the overload and applies to the driver, official and legal entities. A fine will be issued if an overload with the help of special scales is detected on at least one axle of the truck.
Overload value 2-10%
- from the driver - 1500 rubles.
- from the face of an official - 15,000 rubles.
- from legal to 150,000 rubles.
Overload value 10-20%
- from the driver - 4000 rubles.
- from the face of an official - 30,000 rubles.
- from legal to 300,000 rubles.
Overload value 20-50%
- from the driver - 10,000 rubles. (or deprivation for 4 months)
- from the face of an official - 40,000 rubles.
- from legal to 400,000 rubles.
10-20% of the value specified in the permit
- from the driver - 3500 r.
- from the face of an official - 25,000 rubles.
- from legal to 250,000 rubles.
20-50% of the value specified in the permit
- from the driver - 10 00 rubles.
- from the face of an official - 50,000 rubles.
- from legal to 500,000 rubles.
To the fines described above, a fine for non-observance of the “axle load” sign may be added. Recovery in this case will be 5000 r.
How do I dispute an overload fine?
You can challenge the fine for overloading in the same way as any other fine of the traffic police.
If you have a decision on an administrative offense on hand, on the basis of it, the most detailed complaint is drawn up with the attached documents confirming your innocence.
A complaint can be sent both to the court at the place where the violation was determined, and to the traffic police, to higher authorities.
The term for contesting fines for overload is 10 days, but it can be extended by a separate special request to the court.
The traffic police fines for overloading a truck in 2020 are prohibitively high. But this applies mainly to individual entrepreneurs and legal entities. But for drivers, the maximum sanction is 10,000 rubles, and then for the overweight of the truck by more than 50% of the allowable on the scales. But everything can change if a new law is adopted in the Duma, according to which, for this violation of traffic rules, they will be deprived of rights and even confiscate trucks. About when it will come into force and with what degree of probability, what are the current fines for today on axes and common for organizations, individuals and entrepreneurs, we tell in the article.
What is the new law on deprivation for overload?
According to numerous news, changes are expected for drivers from July 1, 2019 - that is, supposedly the new law has already entered into force. That is, if earlier only consignors as legal entities often faced fatal sanctions for overloading a truck at weight control, as well as large fines were issued to individual entrepreneurs, now they have reached the drivers!
At the same time, the new law provides for as many as 3 new measures of responsibility:
- deprivation of rights for a long time for overloading a truck,
- confiscation of cargo large sizes advantage,
- 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 reloading is provided for in the Federal Code of Administrative Offenses, changes in the rules must be made by Federal Laws. And you will not find a single one of these, nor in the discussion in the department.
- Secondly, the current version of the Code is posted on the authoritative resource Consultant Plus, and as of February 18, 2020, the version of Article 12.21.1 of the Code of Administrative Offenses with fines is in effect. No deprivation of rights, and, moreover, confiscation of cars and goods has not been introduced.
Thus, a new transshipment law has not been introduced and is not formally planned.
What is true?
The fact that the initiative to introduce innovations on deprivation of rights and confiscation for overload was still received. It was introduced by the Ministry of Transport of Russia at one of the meetings of the State Council.
However, there is still a long way to go before the official entry into force of the new truck overweight law. It has not been introduced since July 1, 2019, and it is far from certain that it will appear at all.
How are overload fines issued?
In 2020, there are 3 types of weight control points:
- stationary (most often located at the entrances / exits of cities),
- mobile / mobile (installed anywhere and in different places),
- automatic (recorded overload violations in automatic mode, and fines are sent to the owner of the truck).
For overload on the axes and for the total separately?
No. Measurement on the scales takes place along the axes, then the results of the axial measurements are summed up and the total mass of the truck with the trailer is obtained.
A fine is issued in any of 2 cases: either there is an overload on at least one axle of the car, or there is no overweight along the axes, but the total mass is higher than the allowable one.
Is there a measurement error?
Yes, and there are many such errors, but they depend on the measurement technique, the type of weight control and scales.
To date, there is an established Order of the Ministry of Transport with general rules measurements, as well as an indication of the accuracy of measurements and the permissible errors of the scales, depending on their type and other parameters. We warn you right away, it's a lot to read and not very clear.
To make it easier for you to understand, in general cases, the error is:
- 11% - on automatic scales at the control when measuring along the axes of the truck,
- 5% - error on the total weight at the automatic weighing station,
- 2% - any error (both general and along the axes) at stationary and mobile points (where the final fine is issued by the traffic police).
Are there separate penalties for overweight trailer and tractor?
No. In 2020, overload is considered to be part of the vehicle. That is, regardless of whether the tractor is on the scales or its trailer, the total weight of the entire coupling as a whole is measured, as well as the weight of all axles of the truck separately, regardless of the front or rear.
All overweight penalties in 2020
They depend on the availability of a permit for a truck, as well as on the amount of excess weight:
- 2-10% of the allowable weight without a permit or the same size above that specified in the permit,
- overload by 10-20% of the permitted on the axes or from total weight,
- from 20 to 50%,
- 10 to 20% more than in a special permit,
- 20 to 50% more than resolution,
- more than 50%.
Please note that in the legislation of 2020, the penalties do not depend on the overload for each ton, but on the conversion of the percentage of overweight.
Who pays?
Also, the amount of the fine depends on the status of the person bearing the punishment:
- individual (driver),
- official responsible for the carriage of goods by truck,
- Sole Proprietor and Legal Entity,
- the consignor, and in certain cases, the consignee - depends on who is the owner of the cargo,
- loader,
- the owner of the truck (in case of autofixation).
So, let's now look at all the fines for reloading trucks at weight control points, depending on the status of the person held liable. Separately, we will give in the tables who pays which fines, and everything will immediately become clear to you!
Individual (hired driver)
Individuals include truck drivers who are employed by a legal entity or entrepreneur. It is they who bear the mildest responsibility for overloading on the scales, and it is for them that although to introduce (but have not yet introduced) deprivation of rights.
| Article and part of the Code of Administrative Offenses | What kind of overload? | What is the penalty? |
|---|---|---|
| 12.21.1, part 1 | For the driver from 1,000 to 1,500 rubles both for the axles and for the overall excess. | |
| 12.21.1, part 2 | From 3 to 4 thousand rubles. | |
| 12.21.1, part 3 | From 5 to 10 thousand or deprivation of rights for 2-4 months (at the same time, deprivation comes as a more severe punishment). | |
| 12.21.1, part 4 | 3,000 - 3,500 rubles. | |
| 12.21.1, part 5 | From 4 to 5 thousand or deprivation for 2-3 months. | |
| 12.21.1, part 6 | The driver will be fined from 7 to 10,000 rubles, or there will be a deprivation of rights for a period of 4-6 months. | |
| 12.21.1, part 11 | The movement of a truck under the road with a mass exceeding that indicated on the sign (when overloaded on an axle or total weight). | 5,000 rubles. |
Legal entities and individual entrepreneurs (as owners or drivers of a car)
But for organizations, fines for overweight are tens and even hundreds of times higher.
Please note that individual entrepreneurs under the article for overload are also liable as legal entities (Note to 12.21.1).
| Article and part of the Code of Administrative Offenses | What kind of overload? | What is the penalty? |
|---|---|---|
| 12.21.1, part 1 | Overload by 2-10% in the absence of a special permit or by the same value higher than specified in this document. | From 100 to 150,000 rubles. |
| 12.21.1, part 2 | By 10-20% in the absence of permission. | From 250 to 300 thousand rubles. |
| 12.21.1, part 3 | By 20-50% in the absence of permission. | From 350 to 400 thousand. |
| 12.21.1, part 4 | 10-20% of what is specified in the permit, if any. | 3,000 - 3,500 rubles. |
| 12.21.1, part 5 | 20-50% of what is specified in the permit, if any. | 300-400,000 rubles. |
| 12.21.1, part 6 | If the overload amounted to more than 50% in the absence of paper approval or more than 50% of what is indicated in this document. | The fine for the organization will be from 400 to 500 thousand. |
To an official (forwarding company)
The persons responsible for the carriage of the goods shall bear separate responsibility for the carriage. But in practice, the traffic police often punish only drivers, shippers and legal entities. Nevertheless, for the sake of completeness, we will give the current punishments in 2020 for officials.
| Article and part of the Code of Administrative Offenses | What kind of overload? | What is the penalty? |
|---|---|---|
| 12.21.1, part 1 | Overload by 2-10% in the absence of a special permit or by the same value higher than specified in this document. | 10 000 – 15 000 |
| 12.21.1, part 2 | By 10-20% in the absence of permission. | 25 000 – 30 000 |
| 12.21.1, part 3 | By 20-50% in the absence of permission. | 35 000 – 40 000 |
| 12.21.1, part 4 | 10-20% of what is specified in the permit, if any. | 20 000 – 25 000 |
| 12.21.1, part 5 | 20-50% of what is specified in the permit, if any. | 30 000 – 40 000 |
| 12.21.1, part 6 | If the overload amounted to more than 50% in the absence of paper approval or more than 50% of what is indicated in this document. | 45 000 – 50 000 |
I received a fine for overload - how to appeal?
We have bad news for you: it is almost impossible to challenge the auto-fix fine for overloading. But you can try, because it is free and not subject to state duties.
We have given the procedural procedure for appealing in the general relevant article. The problem with overload is that it will be difficult for you to prove the absence of this fact - especially if it is fixed by means of automatic shooting.
But when challenging in court, you can apply for the reclamation of documents for weight control:
- measurement instructions (but again, here you have to prove the inconsistency of the measurement performed with such an instruction - video recording is optimal for this),
- certificate of verification and verification by the judge of the corresponding stamp,
- other documents provided by this overload measuring instrument.