Is there a fine for wearing studded tires in summer?

You will be fined for using winter tires in summer.

Many drivers, especially inexperienced ones, often forget or simply do not have time to change the seasonal tires on their car. As a result, at best, they can be stopped by a traffic police officer, and at worst, this can lead to more serious consequences - an accident.

At the same time, the danger comes not only from driving on summer tires in winter, but also vice versa - in summer on winter wheels. In the article we will look at what fines are imposed for wearing winter tires in the summer, as well as other types of liability for incorrect “shoes” of the car.

Why you can't drive on winter tires in summer

It is well known that summer tires make the car less controllable in winter due to the small tread depth and tire hardness.

What are the dangers of using winter tires in summer? The alloy of winter tires is softer in structure than summer tires and this has the following consequences:

Increased braking distance due to increased rubber melting.
Poor handling due to poor adhesion to asphalt.
Tires become very hot.
Rapid wear - the tread of winter tires will wear off in a few trips, and the tire will simply become unusable.

Restrictions for driving out of season

Until 2015, the Law did not provide for fines for driving on winter tires in the summer, although there were attempts to introduce it back in 2013. In 2014, the Technical Regulations of the Customs Union were adopted, according to which, from the beginning of 2015, a fine was introduced for driving a car on out-of-season tires .

The regulations include provisions according to which it is prohibited to drive on summer tires in the winter months - December, January, February, and on winter tires in the summer - June, July and August, respectively. That is, driving on any tires in the fall or spring is not considered a violation.

The regulation also states that the rules for the use of seasonal tires can be adjusted according to the weather conditions of each region.

It is clear that somewhere in the northern regions of the country no one drives summer tires due to permafrost, however, amendments to the regulations must be adopted by each region separately, so in the first time after its adoption, misunderstandings may arise with traffic police officers.

Amount of fine

When developing the bill, it was planned to fine drivers up to 2,000 rubles for driving on out-of-season tires. As a result, this initiative was not supported, therefore, according to the Code of Administrative Offenses, the fine for this offense is minimal - according to the general norm for driving a vehicle that does not meet technical requirements - 500 rubles .

The penalty for repeating such a violation remains the same.

Since the concepts of winter and summer tires are new in our legislation, it is expected that additions will be made in the near future regarding the amount of punishment.

Tread height

Since January 2015, the rules regarding tire tread height have also changed. As before, the tread of summer tires must be at least 1.6 mm, but now there are minimum height values for winter tires - 4 mm .

If you are stopped by traffic police for violating these standards, the fine will also be 500 rubles.

Studded tires

Many people are also concerned about the issue of tires with studs. There is no separate fine for studded tires in 2019, since the new regulation of the Customs Union does not provide for the concept of “studded tires” at all.

Therefore, in this case, general standards will be used, namely, studded tires are equal to winter tires and the fine for driving them in the summer is 500 rubles .

Video: New technical regulations on tire seasonality

Many motorists may argue with the new fines, since the traffic rules do not contain the concepts of winter and summer tires. However, the norms of the Technical Regulations of the Customs Union are norms of international law and are equivalent to domestic legislation. However, in order to avoid misunderstandings, traffic regulations may soon change, and it is also possible to add a separate type of sanctions to the Code of Administrative Offenses for driving on off-season tires.

Fines for out-of-season tires in 2019 - for studs or winter tires in summer, bald or summer tires in winter

In recent years, there have been regular conversations and rumors that Russia will soon introduce a fine for using winter tires in the summer and summer tires in the winter. They even named exact dates, and sometimes they even named the exact amount of a 2,000 ruble fine for summer tires on a winter road. First of all, we want to reassure all drivers at once - these fines for out-of-season tires were not introduced in 2019, but Bill N 464241-6 “On Amendments to the Code of the Russian Federation on Administrative Offenses (to ensure safety during the operation of vehicles)” , which stipulated penalties for using summer tires in winter, was not adopted in the first reading.

But what kind of tires can a car owner be fined for if his vehicle runs on summer tires in winter and winter tires in summer? How to behave in a dialogue with a traffic police inspector in the event of a stop and inspection of the car’s wheels?

However, vehicle owners need to know the intricacies of the issue of regulating the legality of using one or another type of car tires in summer and winter, since it is possible that soon another bill will be approved in the State Duma and penalties will be introduced. In this article we will look at the problem in detail.

Are there penalties for out-of-season tires?

Back in 2014, bill No. 464241-6 was introduced into the State Duma of the country, which proposed supplementing Article 12.5 of the Code of Administrative Offenses of the Russian Federation with part 3.2:

“Part 3.2 as follows: “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, consideration of this bill was postponed, but on October 20, 2016, it was sent for consideration to the State Duma and was to be considered in three readings. But in fact, the bill on a fine 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 2019, consideration of the “tire bill” was no longer started.

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 fear 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 guidelines are November 15 for changing tires from summer to winter, and March 15 for switching from winter tires to summer.

Of course, these dates are rather arbitrary, and they differ in certain regions of the Russian Federation. Drivers, relying on common sense, when changing tires, focus not on dates, but on weather conditions. That is, if it’s already spring on the calendar, and there’s still snow on the roads and the forecast promises icy conditions, then no one will “change their shoes” to summer tires . And if in the warm Crimea or Sochi in November, and sometimes even in December, the weather is sunny, warm, and the road surface is dry and clean, then drivers are unlikely to switch to winter tires urgently.

What penalties were offered for summer tires in winter?

As we said above, rumors that in the near future it will be prohibited 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:

To be fined for driving a vehicle using tires that are not in accordance with the season (the driver must use winter tires in the cold months, or “change the car’s shoes” taking into account the average daily temperature.
To be fined for driving a vehicle on winter tires with studs in the summer.
Refusal of insurance payment in the event that during an accident the culprit’s vehicle was wearing tires that were not appropriate for the season.

But, as we see, so far all these legislative initiatives have not gone further than bills, and you still decide for yourself when to change tires from summer to winter and vice versa! There is no fine for summer tires in winter in the Russian Federation!

Is there a penalty for wearing winter tires in summer?

If you study the Technical Regulations of the Customs Union TR CU 018/2011 “On the safety of wheeled vehicles,” you will find out that it brought new rules for Russian motorists. In this technical regulation, in paragraph 5.5 of Appendix No. 8, there are the following provisions on the use of certain car tires at different times of the year:

You can drive on summer tires from June to August (they must be studless).
From December to February, drivers can take part in road traffic while driving a car shod with winter tires (studded or not).
In the CU regulations 018/2011 you will not find the concept of “all-season tires”.
Compliance with tire wear limits is mandatory.

At the level of regional authorities, it is allowed to change the months of the established ban on the use of tires by season - these nuances must be recorded in regional regulations.

When is it legal to install winter tires in 2019?

Good afternoon, dear reader.

Every year, as cold weather approaches, drivers begin to wonder when to put on winter tires. Currently, the answer to this question is partially regulated by a regulatory legal document.

In this article we will talk about the legally established deadlines for changing summer tires to winter ones. In addition, a fine for improper use of tires will be considered.

When is it legal to switch to winter tires?

Let's consider paragraph 5.5 of Appendix 8 to the technical regulations of the customs union TR CU 018/2011 “On the safety of wheeled vehicles”:

5.5. It is prohibited to operate vehicles equipped with tires with anti-skid studs in the summer (June, July, August).

During the winter period ( December, January, February ), the operation of vehicles of categories M1 and N1 that are not equipped with winter tires that meet the requirements of paragraph 5.6.3 of this annex is prohibited. Winter tires are installed on all wheels of these vehicles.

A period different from that specified in paragraph one of this paragraph may be established by the legislation of a member state of the Eurasian Economic Union in connection with climatic and geographical factors characteristic of member states of the Eurasian Economic Union.

So, what can be understood from this paragraph:

During the summer months (June, July, August) only studded tires are prohibited. This requirement applies to all vehicles.
During the winter months (December, January, February), only winter tires are permitted. You can put both studded and non-studded tires on your car. The main thing is that they are marked “M+S”, “M&S” or “MS” and the corresponding drawing (in the picture on the left). The requirement applies only to category B (M1 cars and N1 trucks). The restriction does not apply to other vehicles from November 11, 2018.
The terms of the ban on exploitation can only be increased by the legislative authority of any level (federal, regional) and cannot be reduced. Those. In your region, for example, the use of studded tires may be prohibited from May to September. At the same time, regional authorities cannot reduce the period of the ban, i.e. From June to August, cars in all regions must not use studs.

Thus, there are the following intervals for using car tires:

Summer tires (without M+S marking, etc.) can be used from March to November.
Winter studded tires (marked M+S, etc.) can be used from September to May.
Winter studless tires (marked M+S, etc.) can be used all year round.

Let's look at a table with periods of possible tire use throughout the year:

Is it possible to drive on winter tires in summer and what is the fine?

On winter tires in summer

Driving on winter tires in summer is prohibited. And we are talking specifically about the summer months: June, July and August. But there are nuances when you can run into a fine for this, and in what cases it can be avoided without losing the increased risk of getting into an accident due to seasonality discrepancies. Now let’s talk about exactly what laws regulate the seasonality of the use of winter and summer tires and what fines are provided for tires that do not correspond to the season.

What do the traffic rules say?

The direct answer to our main question says absolutely nothing useful. Traffic regulations regulate the condition of tires and wheels, as well as the combination of their use on different axles.

But whether it is possible to drive on winter tires in the summer, as well as the possibility of using summer tires in the winter, is regulated by the Technical Regulations of the Customs Union “ On the safety of wheeled vehicles ”. It is he who prohibits the use in the summer months of tires labeled as winter, but only studded.

5.5. It is prohibited to operate vehicles equipped with tires with anti-skid studs in the summer (June, July, August) .
.
The terms of the operation ban may be changed upward by regional government bodies of the member states of the Customs Union.

Thus, you can drive in the summer on winter tires if they are not studded, but studded ones are prohibited.

What's wrong with my region?

As can be seen from the quote above, each region can change the timing of the ban on the use of winter tires in summer. You can find out this on the websites of the administrations of your regions or on the website of the government of the subject. But at the moment, not a single region has changed these dates, despite the difference in climate in our large country.

What's the fine?

Here's some good news! Despite the direct ban on driving a vehicle with winter tires in the summer, there is no punishment for this in 2019: no fine, no operating ban, no other sanctions from the Administrative Code.

If a traffic police officer tries to deceive you, demand that you indicate a specific article of the Code of Administrative Offenses. In any case, it is indicated in the resolution and protocol - this obligation is regulated by the Administrative Code. And the Code of Administrative Offenses has an article - 12.5, part 1, which provides for a fine of 500 rubles for driving under conditions under which such driving is prohibited.

But this article has a direct reference to traffic rules, and the latter do not contain any prohibition. We have already mentioned above that such a ban is contained in the Technical Regulations.

What can a fine be issued for?

But there are other requirements for tires - specifically even for winter tires, because at the moment you are using them. We described in detail how winter and summer tires formally differ in another article about summer tires in winter. In short, this is the marking of a snowflake on a mountain with three peaks or the meaning of “M+S”, “M&S”, “MS”.

This is what she looks like:

That is, even if the tires are even studded, but there is no indicated marking, then formally you are not violating anything.

So, all requirements for winter tires, for which a fine may be issued, are regulated by the Traffic Regulations, specifically, Section 5 of the Main Faults (Appendix to the Traffic Regulations). Let's list them:

tread depth of at least 4 mm (and it doesn’t matter that you use winter tires in the summer, a smaller residual depth is prohibited specifically for tires labeled as winter tires); but the requirement is relevant only if there are no wear indicators on the tires. If so, then, according to these indicators;
There is damage on the tires in the form of:
1. cuts, peeling, tears, if the cord is visible (it does not matter whether the cord threads are broken or not),
2. separation of the tread from the “side”;
if the tires do not correspond to the vehicle speed or load index;
on one axle (front or rear) there are different tires, except for new and used ones (if they are not retreaded tires);
studded tires are installed at the same time as non-studded tires.

If you do not comply with the above requirements, then a fine of 500 rubles becomes legal.

If the studs on studded tires come out

Let's consider a slightly more complex situation - when the car has winter tires, but without the remaining studs - is it possible to drive on such tires? Yes. According to the letter of the quotation from the Technical Regulations, the ban refers to a car equipped with tires with studs

The same applies to Velcro - winter tires that a priori are not equipped with studs.

But if the spikes remain, then another requirement with a fine awaits you. About him below.

Penalty for winter tires in summer 2018

Some drivers, due to carelessness and other reasons, forget to change winter tires to summer tires during the appropriate period of the season, and then leave them until the beginning of the next winter. It is highly not recommended to do this. In the best case scenario, the violator will be stopped by a traffic police officer, then there will be a fine for spikes in the summer. But tires that are not suitable for the season can also lead to more dire consequences in the form of an accident.

In hot weather, winter tires become softer and driving a car on such tires risks the following:

Due to greater melting of rubber, braking distance increases. If there is a sudden obstacle on the road, the driver may not be able to get his bearings in time and step on the gas. And even if he does, because of the winter tires the car will slow down much longer. And it’s okay if only the bumper of the car ahead gets in the way;
Winter tires provide poor grip and the car is less controllable. This can be especially dangerous in the summer when it rains. All drivers understand how unsafe the road becomes in the first minutes of rain. Feels like sliding on the asphalt;
The heating of the tires is quite significant. In the future, this will lead to increased exploitation and premature destruction;
Rubber wears out quickly. The tread will wear off in just a few trips. In addition to the fact that this is not safe, it is also an additional expense. The wheels will have to be changed for the new season.

Why is traffic fine imposed for tires in the warm season?

Drivers' responsibility

The law did not provide for liability for operating a vehicle in the summer on winter tires until 2015. Although attempts to introduce this bill have been introduced since 2013. Formally, a fine for driving on winter tires was introduced in January 2015. The government has brought this issue to the general meeting more than once, including at the end of 2017, but there is still no clearly defined decision.

Due to the softening of the rubber, spikes will begin to fall out in large quantities.

The driver should be aware that the operating period for seasonally appropriate tires is set as follows:

The fine for winter tires is imposed in the winter months - December, January, February.
Summer months - June, July, August.

Additional Information! In accordance with the regulations, driving in the autumn and spring months on any tires is not a violation.

Of course, the settings of this regulation are introduced in accordance with the climatic characteristics of the regions of the country. In the northern regions, summer tires are not necessary.

The fine for driving with out-of-season tires

Initially, at the stage of drafting and consideration of the bill, the planned fine was two thousand rubles. But this was not accepted. Therefore, the fine is calculated as for an offense - for driving a vehicle that does not meet technical requirements and amounts to five hundred rubles.*

Important! There is no specific parameter for the fine for winter tires in the summer of 2018. Therefore, when a driver is stopped by a traffic police officer for the first time, there may only be a warning. This is at the discretion of the employee. He can impose a fine for non-compliance with technical requirements, which amounts to five hundred rubles.

Such a fine can only be imposed on a civil servant on the spot. Traffic camera footage cannot record this violation. The receipt for payment of the fine can be received directly in hand or by registered mail.

Discount upon payment

The law introduced in January 2016 provides the opportunity for a driver who has received a fine to pay only 50% within twenty days from the date the fine was issued.

Is it possible to challenge a traffic police officer's fine?

There are situations when the driver categorically disagrees with the decision of government bodies and their representatives.

Important! There is an opinion that if a violator refuses to sign a protocol on violation, it can be easily appealed in the future - this is a mistake. In case of refusal to sign the protocol, the civil servant may approve it in the presence of two witnesses.

In order to be able to appeal the decision of the traffic police officer regarding a fine for driving on winter tires in the summer of 2018, it is necessary that the following are stated in the protocol:

The driver's opinion on the violation. Agree or not. The driver should carefully make sure that the guard service officer writes down everything he said, and only after that sign the protocol;
If there are witnesses to the issuance of a fine, write down in the protocol their testimony, opinion and addresses of residence, registration, contact numbers and place of work ;
The protocol must be signed by the offender himself . Only in this case a person will receive it in his hands and will be able to file an appeal within ten days from the date of issuance. As already mentioned, the protocol can also arrive by mail, in which case the chance to appeal it is lost.

You can submit an application to appeal the decision of the traffic police officer to the State Traffic Inspectorate or the court. The application must be accompanied by a copy of your passport, driver’s license, car documents, vehicle technical inspection card, and a copy of the administrative violation report.

Important! When filing an application to challenge the protocol for driving on winter tires in the summer, it is worth remembering that: in case of refusal, the fine will have to be paid to the courts in full. The fifty percent discount is no longer available.

Tread height

An equally important point for which you can be fined. The rules regarding wheel tread height have also changed since January 2015. For summer tires, the tread height has not changed - one and six millimeters. But now there is an official requirement for winter tires - this number is four millimeters. Anything less is a bald tire.

Dangers of winter tires:

This significantly worsens the car's handling;
Sliding, and very noticeable;
The braking distance when stopping almost doubles;
With a high degree of probability, the wheel may puncture or even explode.

Why are bald tires dangerous?

Advice from experienced drivers: don’t wear tires to holes. It is better to change it in time, thereby protecting yourself and others from danger.

If a driver is stopped in violation of these rules, he will also be fined five hundred rubles.

Studded tires

The regulations of the customs union do not provide for any punishment for the use of tires with studs. Therefore, driving on this type of wheels in the summer is the same as driving on winter tires. Therefore, a fine for spikes in the summer of 2018 will be issued in the amount of five hundred rubles.

Note! In 2016, an official document was released stating that if you have studded tires, the corresponding “Spikes” sign attached to the car is required. Failure to do so may result in a fine for studded tires.

How to avoid problems and penalties

The only option to avoid deserved or undeserved punishment related to the condition of the tires is to undergo a technical inspection. But new vehicles are exempt from this procedure. For older cars, the procedure should be carried out once a year.

Using all-season tires

Drivers who use this particular type of tire fall into a separate category. Since it is intended for use at any time of the year. But there is one important point: all-season tires can be used in December, January and February, that is, in winter only if there are special “M + S” markings. Otherwise, it cannot be used in winter.

On a note. If we compare it with Europe, the law prohibiting the operation of a car with the wrong type of tires has long been put into use there. In the Baltics, Sweden and Austria there are clear rules for changing tires.

It’s difficult to say how long the city of Moscow will not impose a fine for driving a car on tires that do not correspond to the season. Given the number of precedents, the Government seriously intended to tighten enforcement measures.

Sooner or later, a change will occur and, perhaps, the price will increase several times. The best way not to waste money is to change shoes in a timely manner.

Note! Because even now, every time a driver gets caught with winter tires in the summer season by traffic police officers, he loses from two hundred fifty to five hundred rubles.*

In addition to the adoption of this bill, a version of the law is being considered to deny drivers payment of monetary compensation under insurance if, in a traffic accident, it is discovered that the cause was the tires not matching the season. The option may be considered of refusing to pay insurance to the driver who is not at fault for the accident if non-conforming tires are discovered.

Despite all the disagreements regarding the adoption of the law on the discrepancy between the rubber coating of wheels and the season of the year, both the Government, road police officers, and experienced drivers recommend replacing them on time and monitoring the condition of not only the wheels, but the entire vehicle. After all, without taking into account the financial aspects of the issue, the lives of the driver, passengers and pedestrians depend on it. So is it worth the risk?

*Prices are current as of September 2018.