In accordance with the Decision of the Commission of the Customs Union of December 9, 2011 N 877 from January 1, 2015, the technical regulation of the Customs Union "On the safety of wheeled vehicles" came into force
How did the adoption of this regulation affect drivers and whether they are expected to use summer tires winter in 2017-2018?
Summer tires are prohibited in winter
Summer tires are prohibited in winterIn order not to torment, let's say right away - they do not prohibit the operation of summer tires in the winter. How and why will be discussed below.
Clause 5.5 of Annex No. 8 "Requirements for vehicles in operation" of the technical regulation of the Customs Union "On the safety of wheeled vehicles" prohibits the operation of vehicles with studs in summer and without winter tires in winter.
5.5. It is forbidden to operate vehicles equipped with tires with anti-skid studs in the summer (June July August).
It is forbidden to operate vehicles that are not equipped with winter tires that meet the requirements of paragraph 5.6.3 of this annex in the winter (December January February). Winter tires are installed on all wheels of the vehicle.
5.6. A tire is considered unusable when:
5.6.3. The remaining tread depth of winter tires intended for operation on icy or snowy road surfaces, marked with a sign in the form of a mountain peak with three peaks and a snowflake inside it, as well as marked with signs "M + S", "M&S", "M S" (if absence of wear indicators) during operation on the specified coating - no more than 4.0 mm;
Marking with signs "M + S" Please note that studded tires should not be installed during the summer period, but summer tires are prohibited in winter. That is, the regulation allows the use of winter tires without studs in summer.
Due to different climatic conditions in the territories where this technical regulation is in force, the terms of the prohibition of operation can be increased, but not reduced.
The terms of the prohibition of operation can be changed upwards by the regional government bodies of the states - members of the Customs Union.
In accordance with the Government Decree Russian Federation dated July 15, 2013 N 588 from January 1, 2015, changes were made to the basic provisions for the admission of vehicles to operation. The new edition sets out paragraph 5.1 of the list of faults and conditions, under which the operation of vehicles is prohibited.
5.1. Passenger car tires have a residual tread height of less than 1.6 mm, trucks - 1 mm, buses - 2 mm, motorcycles and mopeds - 0.8 mm.
Note. For trailers, standards for the residual height of the tire tread pattern are established, similar to the standards for tires of vehicles - tractors.
5.1. The remaining depth of the tire tread pattern (in the absence of wear indicators) is no more than:
- for vehicles of categories L - 0.8 mm;
- for vehicles of categories N2, N3, O3, O4 - 1 mm;
- for vehicles of categories M1, N1, O1, O2 - 1.6 mm;
- for vehicles of categories M2, M3 - 2 mm.
Residual tread depth of winter tires intended for operation on icy or snowy road surfaces, marked with a sign in the form of a mountain peak with three peaks and a snowflake inside it, as well as marked with signs "M + S", "M & S", "M S" ( in the absence of wear indicators), during operation on the specified coating is no more than 4 mm.
Note. The designation of the vehicle category in this paragraph is established in accordance with Appendix No. 1 to the technical regulation on the safety of wheeled vehicles, approved by Decree of the Government of the Russian Federation of September 10, 2009 No. 720.
Please note, in accordance with the requirements of the basic provisions for the admission of vehicles to operation there is no ban on the operation of vehicles under the conditions described in the technical regulation. That is, in accordance with this document, it is not forbidden to use summer tires in winter.
The new edition adds a requirement for the residual depth of the pattern of winter tires, but there is no obligation to use them. However, the requirements of the main provisions for the admission of vehicles for operation do not cancel the requirements of the technical regulation.
Penalty for summer tires in winter in 2017-2018
A fine is provided if the tread depth of winter tires is less than 4mm, summer tires are at least 1mm Responsibility for violations in the field traffic established in the Code of Administrative Offenses of the Russian Federation:
Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited
1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the admission of vehicles to operation and the duties of officials to ensure road safety, the operation of the vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 - 7 of this article,
shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.
Responsibility for violation by the driver of the requirements of the technical regulation "On the safety of wheeled vehicles" not provided.
grounds for there is no penalty for using summer tires in winter in 2017-2018.
A bill introducing a fine for summer tires in winter and studded tires in summer is under consideration by the State Duma and has not yet been adopted this year.
In recent years, there have been regular talks and rumors that a fine will soon be introduced in Russia for the use of winter tires in the summer, and summer tires in the winter. Even the exact dates were called, and sometimes even the exact amount of 2,000 rubles fine for summer tires on a winter road was called. First of all, we want to reassure all drivers at once - these fines for off-season tires were not introduced in 2020, and the bill N 464241-6 "On Amendments to the Code of the Russian Federation on Administrative Offenses (on Ensuring Safety in the Operation of Vehicles)" , in which fines were prescribed for the use of summer tires in winter, was not adopted in the first reading.
But for what kind of tires can a car owner be fined if his vehicle moves on summer tires in winter and winter tires in summer? How to behave in a dialogue with the traffic police inspector of car wheels?
However, vehicle owners need to be aware of the intricacies of regulating the legality of using a particular type of vehicle. car tires in summer and winter periods, since it is possible that soon the next bill will be approved by the State Duma and penalties will be introduced. In this article, we will examine the problem in detail.
Are there penalties for tires out of season?
Back in 2014, draft law No. 464241-6 was submitted to the State Duma of the country, which proposed to supplement article 12.5 of the Code of Administrative Offenses of the Russian Federation with part 3.2:
"Part 3.2 of the following content:" 3.2 Driving a vehicle in violation of the requirements for the operation of tires and wheels - entails the imposition of an administrative fine in the amount of two thousand rubles.
For two years, the consideration of this bill was postponed, but on October 20, 2016 it was sent for consideration to the State Duma and had to be considered in three readings. But in fact bill on fines for using summer tires in winter did not even pass the first reading, and on November 1, 2016, it was decided to postpone its consideration indefinitely, and as of 2020, the "tire bill" was no longer considered.
So what is the fine for summer tires in winter today?
The issue of changing winter and summer tires in Russia today is NOT regulated by anything, and drivers do not need to be afraid of fines for using summer tires in winter, or sanctions for another version of tires that are not suitable for the season - simply because there are no such fines! Car owners, at their own discretion, decide to replace summer tires with winter ones, based on weather conditions and air temperature. If we talk about specific dates, then in central Russia, the unspoken landmarks are November 15 for changing tires from summer to winter, and March 15 - for switching from winter tires to summer tires.
Of course, these dates are rather conditional, and they differ in certain regions of the Russian Federation. Drivers, relying on common sense, when changing tires, do not focus on dates, but on weather conditions. That is, if the calendar is already spring, and there is still snow on the roads and the forecast promises sleet, then no one will “change shoes” into summer tires . And if in the warm Crimea or in Sochi in November, and sometimes even in December, there is sunny, warm weather, and pavement dry and clean, then drivers are unlikely to switch to winter tires urgently.
What penalties for summer tires in winter were offered?
As we said above, rumors that in the near future it will be forbidden at the legislative level to “shoe” a vehicle out of season have been circulating for a long time, and several bills were submitted to the State Duma for consideration, but for various reasons, none passed. even the first reading. The essence of these tire bills was as follows:
- Penalize for driving vehicle using tires out of season (the driver must, or “change the car’s shoes”, taking into account the average daily temperature.
- Fine for the fact that the driver in the summer operates the vehicle on winter tires with spikes.
- Refusal in the event that during an accident the vehicle of the culprit was on tires out of season.
But, as we see, so far all these legislative initiatives have not gone beyond bills, and you still decide when you change tires from summer to winter and vice versa! There is no fine for summer tires in winter in Russia!
Is there a penalty for winter tires in summer?
If you study Technical regulation Customs Union TR TS 018/2011 "On the safety of wheeled vehicles", it turns out that for Russian motorists he brought new rules. In this technical regulation, in paragraph 5.5 of Appendix No. 8, there are such provisions on the use of certain car tires at different times of the year:
- On the summer tires you can ride from June to August (it must be studless).
- From December to February, drivers can take part in traffic while driving a car “shod” in winter tires (studded or not).
- In the regulation of the TC 018/2011 you will not find the concept of "all-weather tires".
- Compliance with the norms for limiting wear of rubber is a must.
At the level of regional authorities, it is allowed to change the months of the established ban on the use of tires for the season - these nuances must be recorded by regulatory regional acts.
If we talk about whether there is a fine for winter tires in summer, then for a long time this issue has remained unresolved. At the first stage of discussions, there were proposals for such violations to set a fine of 5,000 rubles - but such an initiative was not approved by the deputies. There were other proposals regarding the size of the fine for driving in the summer on winter tires.
In fact, in 2020 there is a fine for driving in the summer on winter tires only indirectly under part 1 of article 12.5 of the Code of Administrative Offenses of the Russian Federation, that is, if you left in the summer with a strong worn tread("bald" tires), the depth of which is less than 4 mm, then fine for "bald tires" will be 500 rubles(or a warning).
What are the fines for driving on bald tires in 2020?
In the driver's environment, the expression "bald tires" has long been around, meaning driving on rubber, where the tread has worn off almost completely. According to the new rules, driving on tires with a worn tread can lead to punishment in the form of a fine of 500 rubles (or a warning). If we turn to the SDA and its regulation on the approval of the vehicle for operation, then the driver is prohibited from taking part in traffic if the residual height of the tire tread pattern of his vehicle:
- freight transport– less than 1 mm;
- passenger car - less than 1.6 mm;
- moped or motorcycle - less than 0.8 mm;
- bus - less than 2 mm.
According to Art. 12.5 of the Code of Administrative Offenses, traffic police officers can issue a fine to the driver for this violation - 500 rubles.
According to rumors, the deputies plan to increase the amount of the fine for driving on bald tires by 4 times at the legislative level in the future. Such a jump can be considered quite reasonable, since due to the fault of drivers driving onto the road on bald tires, a huge number of accidents occur, especially in the winter months, when there is ice on the roads.
Will there be a ban on studded tires?
We talked about the requirements for vehicle tires in different seasons of the year, and now we will consider the question of what changes regarding the use of studded tires are planned at the legislative level.
For countries that are members of the Customs Union, the technical regulation TR CU 018/2011, which we spoke about above, establishes the following conditions:
- Studded tires must not be used during the summer period - from June to August;
- Rubber with studded tread must be on all wheels of the vehicle (that is, you cannot have both studded tires and non-studded winter Velcro at the same time;
- The maximum number of spikes is prescribed per linear meter of the tread - 60 pieces. This requirement will apply to tires manufactured after January 1, 2016.
If we talk about potential penalties for using studded rubber today, then they are not established at the legislative level! Therefore, drivers of countries that are members of the Customs Union should not be afraid of penalties yet. But the fine for driving a car on studded tires, while you do not have a “Spikes” sign, is 500 rubles.
Riding on all-season tires (Velcro) in 2020
Separately, it is worth mentioning all-weather tires, it is quite comfortable to drive a car in winter and summer. Actually, such non-studded all-weather tires are designed for road use throughout the year.
Please note that such tires can only be used in winter if they have signs in the form of markings “M + S”, “M & S” or “MS” (which means “Mud & Snow”, that is, in English “mud and snow” ) and although otherwise the exploitation all season tires in the winter months it is not allowed, there is still no penalty for this.
How can traffic police officers fine for tires?
Above, we have already outlined the situation regarding the legislative framework for seasonal tire changes and fines for using tires out of season. A logical question arises, how directly on the road will the traffic police officers monitor the implementation of the above standards by drivers?
Today there is only one possible way establishing compliance with the seasonality of tires is the passage of a technical inspection. But even here it was not without problems. For example, new cars that have just left the dealership may not pass inspection. Yes, and with cars in operation, too, not everything is clear - the duties of their owners include passing MOT only once a year, which means that the compliance of tires with the season will be checked only once a year.
Summing up, I would like to note - despite the fact that fines for tires out of season in 2020 are NOT introduced, each car owner must take a responsible approach to the issue of readiness of his vehicle for the current road conditions! It is in your interests to prepare the car as much as possible for certain weather and climatic conditions!
When to switch to winter tires? Experts, as well as car tire manufacturers, believe that it is necessary to change tires from summer to winter when the average daily temperature drops to +5 degrees. The issue of seasonal tire change is a matter, first of all, of personal safety, as well as the safety of other road users.
Some motorists, however, ignore the need to "change shoes" of their "iron horse". Does the law provide for liability in this case?
Changing tires to winter - when according to the law?
The unified traffic order throughout the territory of the Russian Federation is established by the Rules of the Road. These Rules were approved by Government Decree No. 1090 of October 23, 1993. When is it legal to change tires to winter tires?
The obligation to change tires seasonally is not provided for by the Rules of the Road, nor by any special Winter Tire Law in 2018-2019.
Winter tire ticket
Despite the fact that traffic rules do not provide for the mandatory seasonal tire change, we can talk about such a need with reference to the Technical Regulations of the Vehicle. At the same time, despite the fact that the specified Technical Regulations answer the question of when to wear winter tires according to the law, there is no responsibility for ignoring the requirements of the regulation. The absence of fines for not using winter tires was confirmed by the traffic police.
Currently, they can be punished not for the lack of winter or summer tires, but for the non-compliance of tires with certain requirements. So, for example, the residual tread depth of summer tires (in the absence of wear indicators) for vehicles of categories M 1 and N 1 should be more than 1.6 mm, and winter tires, as mentioned above, more than 4 mm. Tires cannot have external damage (punctures, cuts, ruptures) that expose the cord, as well as carcass delamination, tread and sidewall delamination. The size or load capacity of the tires must match the model of the vehicle. It is also impossible, for example, to install both studded and non-studded tires on a vehicle at the same time (Section 5 of the List of malfunctions and conditions under which the operation of vehicles is prohibited, approved by Government Decree No. 1090 of October 23, 1993). If the traffic police inspector detects any of these violations, the driver may face a warning or a fine of 500 rubles (part 1 of article 12.5 of the Code of Administrative Offenses of the Russian Federation).
And is it necessary to place the “Spikes” sign on the car if the car is “shod” in studded winter tires? We talked about this in more detail.
Russia is a country with a pronounced change of seasons, which, of course, affects driving in general and car tires in particular. In anticipation winter season we will tell you when it is time to change the tires, what kind of fine threatens those who like to drive on tires out of season, and what prevents us from complying with the law?
○ Why don't car enthusiasts change tires?
Russians are known for their desire to drive fast, but not always safe. One of these risks is associated with the use of tires out of season. This happens for various reasons. Some are forced to save money by the crisis, others do not want to stand in the seasonal queues of tire shops, others simply do not plan to install a new set, being ready to throw away the old one.
Whatever reasons prompted you to leave tires out of season, there can be only one plus, and that is very conditional - savings on tire services. There will be many more cons, including material ones.
First and most main disadvantage out-of-season tires - a decrease in the controllability of the car, and thus the safety of the driver and passengers. At the first spring sun, the already soft winter tires begin to warm up from the warm asphalt. The rubber becomes viscous, and the controllability of the car decreases, with sudden braking, the car will easily be dragged forward, the consequences can be very unpleasant.
Harder summer tires in winter give reduced traction and the car simply “wears” on the road, which in itself is not safe.
The second problem is increased wear. GOST minimum tread height set passenger car at 1.6 mm, but you should not fall short of this, buying a new kit already at 2 mm. Using tires out of season will bring the purchase costs closer.
With proper use, a set of rubber will last up to three years, but if you do not change it, the wear rate will increase by an average of three times. Studded tires serve well in the cold season, but with the establishment of heat and complete cleaning of asphalt from ice, the studs simply fly out of it, forcing you to buy a new set for the next season. In addition, on a summer road, studs lengthen braking distances creating the risk of an accident. But even non-studded winter tires, warmed up by the summer sun from their softness, wear out three times faster.
The reasons why you shouldn't skimp on a tire change are clear, so when is the right time to get it done?
○ Terms of transition to winter and summer tires.
Let's start with the fact that at the moment in Russia there is no full-fledged law that has come into force that obliges to change tires as such, or establishes the timing of such a replacement. In the US and Finland, shift dates are rigidly set. If the inspector notices the car “shod out of season”, the driver will be fined.
In Russia, there is a technical regulation on the safety of wheeled vehicles, which prohibits the use of:
- Studded winter tires in June, July and August.
- Summer tires on any vehicle wheel in December, January and February.
Of course, these are not exhaustive rules and it is necessary to focus on the climatic conditions of a particular region. Experts advise to install summer tires not earlier than the temperature is above +5 С / +7 С Before that, night frosts may occur, after which morning frost on the roads is possible. Usually this is March 10 - 15, but in the Crimea and the Krasnodar Territory on March 1, spring is in full swing, and in the Magadan Region they will hear about it only by April. This is one of the reasons why the Vehicle Safety Law governing tire replacement is still not fully in place, regional specifics need to be taken into account. At the moment, it spells out a ban on the use of winter studded tires from May 1 to September 30, and summer tires from December 1 to March 1. Winter non-studded tires can be left for the whole year.
As for winter tires, experts do not recommend delaying the change by more than November 15th. According to statistics, by this time in most regions of the country there is already a high probability of precipitation in the form of snow or ice.
The law does not prohibit all-weather tires, but when using it, it is important to take into account the climatic factor, at too low temperatures it will not be sufficiently stable, and in too hot summer it will become too soft. In addition, it must be marked "M+S", "M&S" or "M S"
○ Penalty for driving with winter tires in summer.
Code of Administrative Offenses does not contain an article indicating the fine for using winter tires in summer, but the possibility of its introduction is already being discussed. The most likely fine at the moment is 500 r. But even in the future, only the use of studded tires will be liable.
But even now the traffic police inspector has the right to draw up a protocol, having found increased tread wear on your car or winter and summer tires on the same axle.
The traffic police statistics on road accidents annually allow us to say that the level of traffic safety on the roads does not change for the better. In 2017, 169,432 accidents were recorded, in 2018 - 151,291 accidents (excluding December statistics). The law on winter tires in Russia could have a positive impact on the road situation, obliging drivers to install winter tires in the months when the road surface is snowy or icy. Is there a law on summer and winter tires in 2019? What regulations establish requirements for the wheels and tires of cars? What liability threatens motorists for non-compliance with established requirements?
What is the reason for the introduction of the law on winter tires?
The Winter Tire Law is actually the Customs Union Technical Regulation, which has been in force in Russia and other EAEU countries since 2015. The main purpose of the adoption of this document was to ensure the protection of human life and health by establishing specific requirements for the device, configuration and operation of vehicles.
Every car used in the territory of the Russian Federation must comply with the norms of the Technical Regulations. Manufacturers of machines and spare parts, just like motorists, must comply with the requirements of an official document. If they are not met, then in the first case, the car simply will not pass certification, and in the second case, the car owner will have to pay a fine if such liability is provided for by federal law.
Several attempts were made to introduce a separate new law on winter tires, but none of the proposed drafts passed all the readings in the State Duma. The latest initiative was bill No464241-6, submitted to the deputies in March 2014. He proposed to make the following changes to the Federal Law "On Road Traffic Safety" and to the Code of Administrative Offenses:
- Cars must comply with the requirements of the Technical Regulations;
- Imposition of a fine of 2000 rubles for non-compliance with the requirements established for tires and wheels.
In the explanatory note, the purpose of adopting such a law was to reduce accidents and ensure traffic safety on the roads. The initiators of the project gave examples when, due to “bald” tires, during rain or snowfall, cars lost control, provoked accidents, and created traffic jams. The introduction of the draft law was also due to the fact that there was no separate provision in the Code of Administrative Offenses of the Russian Federation on the responsibility of drivers for untimely replacement rubber. Despite the relevance of the proposals and the significant goals pursued by this initiative, the draft law on winter tires was withdrawn by the initiators during the first reading in June 2018. The motivation for this decision was the changes made to the Technical Regulations, namely the clarification of the period in which cars should have winter tires and the establishment of a ban on the use summer tires in winter.
Winter tire requirements 2019
Requirements for vehicles that are in operation, including wheels and tires, are established by Appendix No. 8 of the current Technical Regulations. On November 1, 2018, the Winter Tire Law was amended and supplemented with new provisions on the categories of vehicles on which it is mandatory to install tires with anti-skid, on the period of use of such tires, as well as on a number of prohibitions. According to the document, all motorists had to switch to winter tires from December 1, 2018 and not “change shoes” over the next 3 months, unless otherwise provided by federal law. The technical regulation also contains the following requirements for winter tires:
- Installation on all wheels of the car (clause 5.4). It is not allowed to use winter, summer and all season tires on one axis;
- Mandatory installation of winter tires on cars and trucks up to 3.5 tons;
- Prohibition on the use of spiked tires in summer (clause 5.5);
- Prohibition on driving a car in winter without winter tires (clause 5.5);
- Terms of Use winter tires subject to change by federal law;
- The ban on the use of winter tires with a residual pattern height of not more than 4 mm;
- The presence of markings in the form of mountain peaks and a snowflake in the center;
- Prohibition on the use of vehicles whose tires are damaged (cracks, swelling, etc.).
Paragraphs 5.6, 5.7, 5.8 of the Annex establish general requirements prohibiting the operation of certain tires. They relate to unusable tires, features of the use of retreaded tires. Separate provisions relate to the methods of fastening discs and their shape. The Studded Tire Act does not set an exact date for the installation of such tires on a vehicle. This is largely due to the fact that the territory of the Russian Federation is quite extensive and has significant differences in climate. But every driver must equip his car with winter tires before ice, icing and snow cover appear on the roads.
Penalty for violating the law on winter tires
Since the law on winter tires was not in force in 2018, and its bill was not even considered, representatives of the traffic police or the traffic police had no reason to issue fines for the lack of studded tires. In 2019, in accordance with Article 12.5 of the Code of Administrative Offenses, a motorist can be fined only for the discrepancy between the wheels and the parameters stated in clause 5 of the Appendix to the SDA. It contains several requirements on the condition of wheels and tires, similar to those in the Technical Regulations. Thus, the Regulations indicate that the residual depth of the pattern of winter tires cannot be more than 4 mm, tires installed on the same car cannot have a different tread pattern, different shape, etc. Also, tires with studs and without studs cannot be installed on the same vehicle. For such violations, the owner of the car will be fined 500 rubles.