Exceeding the permissible axle load truck mobile carries a serious danger not only for the driver of this vehicle, but also for other participants traffic. In addition, congestion significantly worsens the condition of the road infrastructure. That is why the fine for overloading a truck in 2019 remains quite impressive. And not only for the driver, but also for the company that owns the truck, as well as for the official responsible for loading.
Overload is an excess of the permissible mass of the vehicle, indicated in technical specification truck. In case of uneven loading, overload can only be fixed on rear axle. In this case, the total permissible weight of the vehicle may remain within the normal range.
Truck owners rarely overload trucks by mistake. Almost always this is done intentionally, because the additional cargo increases the carrier's profit. For example, transportation of bulk cargo in a vehicle with high sides can increase profits by 15-20%. Instead of six trucks, the owner of the company uses only five, which reduces the cost of gasoline, drivers' wages and the fare on the Platon.
Possible risks
Axle overload negatively affects the condition pavement. This is especially noticeable in the summer, when the asphalt under the weight of trucks is pressed through, leaving characteristic stripes on the road.
Road surface wear is not the only negative consequence of overloading. An overloaded vehicle greatly increases the likelihood of an accident. This is explained by the fact that exceeding the permissible weight creates the risk of skidding. In addition, a collision with an overloaded truck can be fatal to another vehicle, not only because of the significant difference in masses, but also because of the risk of the load tipping over. Indeed, in many cases, additional load is provided by increasing the sides of the truck.
It is important to note that overload is contrary to technical capabilities car. This may result in a malfunction running system truck.
Weight control
It is very difficult to deal with overloaded vehicles with conventional methods. The traffic police inspector cannot check the weight of the truck when it stops on any section of the highway or on a city street. Measuring the weight of a truck is only possible at checkpoints. Some of them are stationary. Such weight control usually operates on federal highways, as well as at entry-exit points.
Mobile control points also help to identify overload - electronic scales connected to a computer. After one of the axles of the car runs over the scales, they show the magnitude of the load.
Checking the permissible mass of the car can take place in a static way, when the truck stops to be checked by the traffic police inspector or in motion, when the car, when hitting the scales, only reduces the speed to 5 km / h. If the control measurement does not fix the overload on one or both axles, the driver will not have to stop.
Overloaded car ticket
According to the standards set forth in, the amount of the fine for reloading a truck in 2019 is:
- from 1000 to 3500 rubles - for the driver;
- from 10 thousand to 25 thousand rubles - for the official responsible for loading (transportation);
- from 150,000 to 400,000 rubles - for an enterprise that has a truck on its balance sheet.
The exact amount of the fine is determined by the amount of overload per axle. The more overload, the higher the penalty. Drivers and owners freight transport it must be taken into account that the permissible deviation of the actual mass from the permitted one should not exceed 10%.
It would be a mistake to think that only the driver or owner of the truck can be fined for excess cargo. This is not true. So, a fine for overloading a Gazelle with permission to travel on city streets can be issued on the basis of Article 12.21.1 of the Code of Administrative Offenses. The excess weight is calculated according to a special table that takes into account the distance between the vehicle axles. For example, for the Gazelle, where the distance between the axles is less than one meter, the permissible load will be 4.5 tons.
It is calculated on the basis of , which has no formal relation to overload. In accordance with it, the amount of the fine for the carriage of passengers without providing each of them with a seat is 500 rubles. At the same time, the fine is issued for all extra passengers, and not for each.
If there was a violation of the sign
Another important point, which must be taken into account when choosing a transportation route, is the presence of restrictive signs. Typically, a road sign prohibiting the passage of trucks with a designated mass is installed on insufficiently reinforced bridges and other structures whose technical condition is unsuitable for heavy loads.
The answer to the question is quite easy to find. In accordance with the provisions of clause 11 of article 12.21.1 of the Code of Administrative Offenses of the Russian Federation, the punishment for such a violation is a fine of 5,000 rubles.
Payment system
Not knowing what threatens for overloading a truck, the driver and owner of the truck run the risk of being fined a fairly tidy sum. If this happens, the violator has a chance to appeal the fine within 10 days after receiving the protocol or pay the imposed penalty.
Payment of the fine occurs in any way convenient for the driver:
- through a bank
- through the bank's website (for example, Sberbank, VTB);
- through a payment terminal;
- via mobile application(in particular, Sberbank Online).
Who is responsible
Who is responsible for transshipment along the axes - the carrier or the consignor? If you strictly follow the rules of the law, then everyone is responsible for reloading: the carrier itself, represented by the driver and the owner of the car, as well as the consignor responsible for loading (clause 10, article 12.21.1 of the Code of Administrative Offenses).
At the same time, a situation may well arise in which the carrier did not know about the transshipment, since the shipper indicated inaccurate information in the consignment note in order to reduce their costs for the transportation of goods. In this case, the carrier will be fined without any fault. He is unlikely to be able to prove the absence of collusion with the consignor.
the only possible option The solution to this problem is to file a claim from the carrier to the shipper. The court will certainly satisfy the claims if there is a discrepancy between the actual mass that was determined at the checkpoint and the mass indicated in the delivery documents. The shipper will not only be fined for providing false information in accordance with paragraph 9 of Article 12.21.1 of the Code of Administrative Offenses, but will also compensate the carrier for the damage.
Is it possible not to pay for violation
How to avoid an overload penalty? The only way to avoid paying the fine is to file a lawsuit.
At the same time, the statement of claim itself will not be satisfied in court without the plaintiff providing solid grounds confirming his innocence in overloading the car. These grounds may be the results of technical expertise.
During the examination, the loading situation is simulated on a computer. To do this, using special software, the load on each axle of the vehicle is calculated. If the results of the examination confirm the overload of the total mass of the car, but the axle load was within acceptable limits, then there is a chance that the court will cancel the imposition of a fine or reduce its size. There is no other legal way.
Often, for various reasons, the organizers of cargo transportation load cars in excess of the established norms. For such actions, unscrupulous carriers will face administrative punishment.
What is car overload
Employees of the State Automobile Inspectorate monitor compliance with the requirements for the permissible weight and degree of load on the axles of heavy vehicles moving along highways. The control of vehicles intended for the transportation of large loads is carried out in accordance with Federal Law No. 257 and Government Decree No. 272.
The following parameters are indicated in the named normative legal acts:
The maximum values of the load on the axles of cars;
Permissible weight of the car;
Permissible overload size;
The order of transportation of goods exceeding the established norms.
Vehicle overload is a phenomenon in which the mass of a vehicle with or without a load exceeds the permissible load on the rear or front axle by 2% or more.
Axial load - the pressure exerted by the axles of the vehicle on the roadway.
When checking a truck for overload, the following indicators are taken into account:
Permissible weight;
The permissible mass of a particular vehicle is a characteristic that is set by its manufacturer and indicated in the TCP. It consists of the mass of the cargo and the machine.
For example, the PTS indicates the permissible mass of the machine, equal to 25 tons. At the same time, the weight of the car is 9 tons. In order to calculate allowable weight cargo, it is necessary to subtract the weight of the vehicle from the permitted mass. Thus, no more than 16 tons can be loaded into the indicated car (25 - 9 = 16).
The maximum permissible mass of some vehicles is enshrined in Decree of the Government of the Russian Federation No. 272.
Permissible vehicle weights
The second indicator that the authorities control is the load on the axles of vehicles.
The permissible axle load is calculated individually for each vehicle. Its value is influenced by the following characteristics:
Number of axles;
Machine weight;
Distance between axes;
Wheel type.
The term "overload" does not apply to vehicles on the balance sheet of the Armed Forces of the Russian Federation.
Car weight calculation
The mass of a loaded vehicle is calculated by adding the load on each of its axles. In order to calculate the mass of a loaded car with a trailer, you should adhere to the following algorithm of actions:
Find out the mass of the car and trailer from the TCP;
Find out the exact weight of the cargo;
In most cases, the load in the tractor + trailer combination is distributed as follows: 25% / 75%. The weight of a trailer with a load is determined by the formula: (weight of the trailer + weight of the load) * 0.75;
To calculate the load on each axle of the trailer, it is necessary to divide the mass of the trailer with the load by the number of its axles;
The next step is to determine the mass of the tractor. The calculation is carried out according to the formula: vehicle mass + (trailer weight with load * 0.25);
The load between the rear and front axles of the tractor is distributed in the ratio of 25% / 75%, respectively. In order to determine the load on the rear axle of the machine, you need to use the formula: tractor weight * 0.75;
To determine the load on the front axle of the tractor, it is necessary to subtract the load on its rear axle from the mass of the machine.
Table of allowable loads
All wheeled vehicles are divided into 2 groups:
A - can only move on roads of 1-3 categories;
B - traffic is allowed on any roads of the Russian Federation.
Highways;
Expressways with more than 4 traffic lanes;
Other roads, exceptions: 2 lanes >3m wide and 1 lane roads less than 4.5m wide.
The amount of the fine for overloading the car
The penalty for overload is assigned in accordance with Art. 12.21.1.2 and 12.21.2 of the Administrative Code of the Russian Federation. The amount of the penalty is 1,000-500,000 rubles and depends on who the penalty is for: an individual, legal entity or other official.
When stopping the vehicle, the load on the axles of which exceeds the established norms, a fine is imposed on the driver, as well as on the official or legal entity responsible for transporting the cargo.
Penalties imposed on the carrier of goods:
In accordance with the note to Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, when an individual entrepreneur acting as a carrier commits an offense under Article 12.21 of the Code of Administrative Offenses of the Russian Federation, he is sentenced to a punishment identical to a legal entity, and not to an individual.
Also, the penalty can be applied to the consignor. The amount of the fine in this case will be:
80,000-100,000 rubles for individual entrepreneurs;
250,000-400,000 rubles for a legal entity.
If the overload is fixed by an automatic measuring device, then the maximum possible punishment for the legal entity will be imposed. Regardless of who allowed the excess load on the axles of the car.
In front of most bridges, a road sign 3.12 is installed, which limits the maximum allowable load on the axles of the machine for driving along the designated section of the road. If the axle load is greater than the permitted value, the driver must continue driving in a different direction. Failure to comply with this requirement threatens the motorist with a monetary penalty in the amount of 2000-2500 rubles.
The concept of "overload" is applicable to buses. For them, the norms are determined based not on axle loads, but on the number of passengers present in the cabin.
What about passenger cars?
In the Code of Administrative Offenses of the Russian Federation, the term "overload" is used only in relation to freight vehicles. Axle loads do not apply to passenger cars. Despite this, the traffic police inspector may impose an administrative penalty on the driver passenger car for the following actions:
Violation of the rules for the transportation of goods;
Improper transportation of people.
The penalty for reloading by passengers is 500-1000 rubles.
GAZelle cars are classified as passenger vehicles, however, they are subject to the rules corresponding to Art. 12.21 of the Code of Administrative Offenses of the Russian Federation.
The received fine must be paid within 70 days from the date of its receipt (10 days for appeal + 60 for payment). Individuals can save 50% of the assigned amount upon receipt of money to the account of the traffic police no later than 20 days from the date of the protocol.
How can I transport goods that exceed the allowable rate
According to No. 257-FZ of 08.11.2007, a truck whose axle load exceeds the permitted value by 2% or more must receive an official permit for overload. This document states:
The route of the car;
Type of transportation (regional, international, etc.);
Vehicle data (make, number, model);
Period of validity of the permit;
Weight and size of the vehicle and cargo;
Information about the owner of the vehicle;
Data about the consignee and its sender;
Characteristics and description of the cargo;
The authority that issued the permit.
If these conditions are not met, the driver and other responsible persons are subject to administrative punishment under Art. 12.21 of the Code of Administrative Offenses of the Russian Federation.
How and where are cars checked for overload
The mass of the car, as well as the load on its axles, is measured at specialized stationary or mobile stations using scales and other control and measuring devices.
The determination of the actual axle load and the total mass of the vehicle can be done in 2 ways:
Dynamic - with this method, the car slowly passes through the scales;
Statistical - the car is motionless on the platform of the scales.
Mobile weight control stations must be equipped with equipment that has a certificate of conformity. The most common model of scales at mobile posts is VA20-P. The certificate of the traffic police inspector carrying out the measurement must have an appropriate permit entry.
In 2018, many places use automatic measuring devices installed on certain sections of the road. To determine the mass of the machine and the load on the axles, such devices do not need to go to specialized posts, since the measurements are taken automatically while driving. This measure is designed to save the time of drivers and traffic police officers.
Possible consequences of overloading the vehicle
The norms regulating the maximum permissible values of loads on the axles of cars have been introduced to ensure traffic safety and the safety of the roadway.
Consequences of driving vehicles with increased axle load:
Damage to roads;
Danger when driving on bridges or other dilapidated structures;
Rapid wear of vehicle parts;
Increased likelihood of vehicle skidding and loss of control over it.
The risk of skidding the machine increases in adverse weather conditions. This is caused by the inertia force of the heavy load and, as a consequence, the increase stopping distance. If the load is not properly secured in an overloaded vehicle, the likelihood of the vehicle tipping over increases.
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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. The most dangerous for the road surface is precisely the overload of 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 vehicle, 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 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.
Officials of the carrier company responsible for the transportation can also 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 allowed 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: