Have they introduced a fine for winter 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:

1. During the summer months (June, July, August) only studded tires are prohibited. This requirement applies to all vehicles.
2. 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.
3. 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:

Studded tires are mandatory from November 1, 2019 - true or false?

Winter tires from November

Winter tires are required in the winter season. And there really is such a law; it is far from new. But a number of news sources indicate changes in current legislation. According to the amendments, winter studded tires are required to be on all cars in Russia on all 4 wheels from November 1, 2019. Some other sources talk about a different date - November 11. Whether all this is true or not, let's find out by looking at official sources of information.

What's the news?

Here is typical information about the new winter tire law from November. Also, data is distributed mainly through WhatsApp, Viber and Telegram messengers.

Meanwhile, there are no supporting legislative initiatives in such reports, and the authors refer to alleged changes in traffic rules and the new ability of traffic police officers to fine drivers with summer tires.

Among the main subtleties of the amendments are the following:

• winter studded tires are mandatory on all cars on Russian roads from November 1 (according to other sources - from the 11th) 2019,
• but traffic police inspectors are allowed not to issue a fine the first time, because supposedly not all drivers had time to learn about the new law and prepare by purchasing winter tires,
• The legislation now allegedly requires drivers to install tires only in accordance with the load capacity and speed of the vehicle.

But there is also other evidence that motorists allegedly misinterpreted the provisions of the amendments. From November 1, studded winter tires are not required, but their use is possible. And before the amendments came into force, changing shoes was allowed only from December 1.

And finally, the third type of news is that the new law itself comes into force on November 11. And his instructions concern the mandatory use of winter tires from December 1st.

This is true?

No. Until the start of the official calendar winter, there is no obligation to change into winter tires. But even from December 1, 2019, there is an obligation to equip the car exclusively with winter tires - the current legislation does not say that they must have studs. All the news about the new law about shifting this date to November 1 or 11 of this year is a myth.

Let's confirm the information about the lack of updates in the laws with links to official sources of legal information.

• Firstly, if such latest news refers to changes in traffic rules regarding winter tires, then such amendments are made by the relevant Decrees of the Government of the Russian Federation, and such regulations are subject to official publication on the legal information portal. If you look at the list of such recent resolutions, there are none that make changes to the Rules of the Road.
• Secondly, take a look at the current edition of the traffic rules. Here, the requirements for tires on vehicles remain the same, but there is no requirement to change to winter tires from November 1. The list of faults says nothing at all about the seasonality of tire use.
• And finally, thirdly, there is a direct indication of seasonality in the Technical Regulations. This is where there is a requirement to change your shoes to winter tires. But here, too, there is no talk of November 1 or 11, 2019. Everything is the same - you need to change your shoes from the beginning of December.

By the way, even if some new law were to appear, there is still no fine for summer tires not only in November, but also in the winter months. Since such a requirement is contained in the Technical Regulations, and not in the Traffic Regulations, the Code of Administrative Violations, which contains an exhaustive list of traffic police fines, does not refer to this legal act regarding out-of-season tires.

What's the truth?

So, now it remains to find out what requirements apply in 2019 for tires on passenger cars.

As we have already found out above, Russian drivers have an obligation to install winter tires between December and the end of February. Moreover, these do not necessarily have to be studded tires. Velcro is also allowed. But “all-season” is no longer allowed - winter tires must be marked with a special symbol and markings for use on snowy roads. Like this:

In addition, for winter wheels there is a wear limit - the tread height must be at least 4 millimeters. If the tires are more worn out, it should not be used.

This is what a worn tire looks like:

And the last thing! On the same axle, both tires must be absolutely identical in all characteristics and properties, including:

• degree of winter tire wear,
• dimensions (both radius and width with profile),
• make and model,
• axial load,
• speed index,
• tire type,
• tread pattern.

The law on winter tires - what is it, has it been adopted and how does it work?

So, the “ law on winter tires ” is, perhaps, an already established expression this year - a new bill providing for the obligation of drivers to drive, relatively speaking, on summer tires in the summer and on winter tires in the winter. The law on winter tires began to be promoted in 2014 and at the end of the year it acquired official status. As for its status for the current 2019, it has been accepted, it is valid throughout Russia and obliges drivers to drive winter (or all-season in special cases) tires in winter.

But it's not that simple! In recent months, information has increasingly begun to appear in the media about alleged raids by traffic police inspectors to identify drivers of cars with summer tires and a fine of as much as 5 thousand rubles for summer tires. And supposedly the law on winter tires provides for liability for summer tires in winter, starting in November of each year.

Of course, everything is completely different, and let's clarify the situation and analyze this notorious law on winter tires inside and out!

What is the law on winter tires?

Let's start with the definition of the official law itself - it is reflected in the Technical Regulations of the Customs Union on the safety of wheeled vehicles - in paragraph 5.5 of Appendix No. 8. He, indeed, instructs drivers to drive on non-studded tires in the summer (and not on summer tires, contrary to popular belief), and in the winter - on winter tires. Of course, there is no talk about November at all - it prescribes the obligation to drive on winter tires from December to February, and on non-studded tires from June to August. However, these deadlines may be changed by regional authorities:

5.5. It is prohibited to operate vehicles equipped with tires with anti-skid studs in the summer (June, July, August) . It is prohibited to operate vehicles that are not equipped with winter tires that meet the requirements of paragraph 5.6.3 of this appendix during the winter period (December, January, February) . The terms of the ban on exploitation can be changed by regional executive authorities of the states of the Common Economic Space.

Actually, here it is, the law on winter tires in all its glory. As of today, December 6, 2019, its text has not changed.

What is the fine for violating the law on winter tires?

But the main thing is not in the law itself, but, one might say, in the “mandatory nature of its implementation” - today there is simply no fine for non-compliance. Neither the 5,000 rubles that traffic police inspectors allegedly threaten, nor 1 ruble is due for evading driving on winter tires in the winter months.

Update from 10/19/2016 :
The Russian State Duma Committee on Transport and Construction approved a bill imposing a fine for violating the law on winter tires. Thus, for using summer tires in winter and studded tires in summer, it is proposed to introduce a fine of 2,000 rubles . If the fine is approved by the authorities, drivers may begin to be fined as early as December 2016.

But let's understand further! As you know, all fines for violations by car drivers are prescribed in the Code of Administrative Offenses (in fact, even in the Criminal Code - but this is not discussed here yet). We do not know what article exactly those who name a fine of 5 thousand rubles for summer tires in winter are attracted to, however, some traffic police inspectors are trying to use in this case article 12.5, part 1, which threatens the driver with a much smaller fine - 500 rubles and sounds like this:

1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions and on the admission of vehicles for operation and the duties of officials to ensure road safety, operation of the vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 - 7 of this article, entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.

It is not for nothing that we emphasized the reference of this article to the Basic Provisions - this is an appendix to the traffic rules. But neither this appendix nor the entire list of traffic rules says a word about the Technical Regulations, which contain the law on winter tires. Even in the Code of Administrative Offences, the only reference to this Technical Regulation is given in the article on tinting. Accordingly, Article 12.5.1 of the Code of Administrative Offenses is not applicable here, and a fine of 500 rubles is illegal, since there is simply no liability for violating the new law.

However, the article becomes quite applicable if, in fact, a clause of the Basic Provisions is violated - but a little different. Paragraph 5.1 of this appendix tells us that it is prohibited to operate a car with winter tires if their tread depth is less than 4 mm. And only in this case the driver is subject to a fine of 500 rubles.

Meanwhile, earlier it was not for nothing that we mentioned the criminal code - laws are written for a reason, but to ensure safety - in our case, road traffic. And no one will argue that you need to drive on winter tires in winter. The fact is that if the driver is at fault in an accident, the probability of which increases tenfold when using summer tires in winter, resulting in death or causing serious harm to health, criminal liability already arises. And this responsibility is aggravated if it is proven that the driver violated the “law on winter tires” (Technical Regulations) by using summer tires in winter, and this is what caused the accident. Here it is necessary to grasp the main thing: the fact that there is no fine for violating the law on winter tires does not mean that there is no responsibility for this. As you can see, there may well be liability, so take care, first of all, of your own safety.

So, drawing conclusions, we can briefly summarize this entire law on winter tires as follows:

1. In the summer (June, July, August) we are prohibited from driving on studded tires (but we can use Velcro or all-season tires).
2. In winter (December, January, February) we are required to drive on winter tires (it makes no difference whether they are studded or non-studded).
3. The tread depth of winter tires must be at least 4 mm.
4. There is no fine for violating the law on winter tires as of December 6, 2019 .

Fine for winter tires in 2019

Content:

Article 12.5 of the Code of Administrative Offenses of the Russian Federation dictates the conditions under which the movement of a vehicle is prohibited. It also establishes various penalties in the form of fines for violations.

At the same time, the article does not provide clear recommendations on when to replace winter tires. Recommendations for replacing tires are established by the Technical Regulations of the Customs Union TR CU 018/2011. In Article 12.5 of the Code of Administrative Offences, we will not find any references to regulations. This means that the driver will not be punished for untimely replacement of the “winter” and vice versa.

It is prohibited to operate a car with winter studded tires in the summer, but there is no fine for this. The State Duma is considering this bill. Perhaps already in 2020, the driver will have to pay a fine for tires that do not comply with the regulations.

There is a penalty in the form of a fine for using winter tires in a worn condition. For such a violation you will have to pay 500 rubles. The requirements for winter tires are stated in the Russian Traffic Regulations.

If there is no wear indicator on winter tires, the remaining tread depth for a light car of category M1 is 4 mm. Winter tires can be studded or non-studded, but with the markings: “M+S”, “M&S”, “MS”. If you have received a fine that you consider to be unlawful, you can always seek advice from a specialist.

Don't have time to read the article?

When to change tires for winter

Clause 5.5 of Appendix 8 of the Customs Union Regulations TR CU 018/2011 dictates the rules for the use of tires. There are two periods:

1. The summer period is the months from June to August. Operating a car in summer with studded tires is unacceptable. Thus, you can drive on summer tires from March to November. The unofficial replacement date is considered to be March 15;
2. The winter period is considered to be the months from December to February. Operating a car with summer tires in winter is unacceptable. In winter, you can use studded and non-studded tires, but with the markings “M+S”, “M&S”, “MS” on the tires. Thus, winter studded tires can be used from September to May. The unofficial date for replacing tires for the winter is November 15th.

These deadlines may be extended by local authorities due to geographic location and/or weather conditions. Despite the fact that the driver does not face a fine, tires must be changed promptly in the interests of safety.

Which tires to choose for the winter

According to statistics, in 2018, 85% of Russians preferred studded tires over Velcro tires. “Velcro” is the popular name for studless rubber.

The advantage of such a “winter” is year-round use if labeled “M+S”, “M&S”, “MS”. However, experts vote for the use of studded winter “footwear,” which has proven to be much more effective both in the periphery and in megacities. The studs have better traction in icy conditions and on poorly cleared roads.

By the way, Norway conducted an experiment in 2004 and introduced a ban on thorns in the winter. The number of accidents has increased several times, especially in small towns.