What is the penalty for overloading a truck?

Overload fine in 2019: prevent or appeal?

The truck of individual entrepreneur Alexey was detained by an inspector for overloading the axle when it was being weighed for the third time during the trip. The legislation of the Russian Federation has introduced draconian fines for overloading, and in order not to go broke on them, you need to know the laws. The article will tell you what you need to know and do in order not to break the rules and not receive fines. In what cases can they be appealed if a fine has already been received?

Rules for the carriage of goods

Cargo transportation in the Russian Federation is regulated by various laws and regulations. Let's highlight the important points:

the weight of the truck and the load on the axles must not exceed the limit values specified in the PTS and established by Appendices 1 and 2 of Government Decree No. 272 “On approval of the Rules for the transportation of goods by road” dated 04/15/2011;
the weight of the cargo is determined by whoever loads the car in the presence of the other party (the shipper in the presence of the carrier or vice versa), unless otherwise provided by the contract;
the carrier (driver) must control the process of loading, securing and placing cargo in the body;
if the weight exceeds the established norm by more than 2%, you need to obtain a special permit, agree on the travel route and compensate for the damage caused by the excess weight to the road surface. To do this, you need to contact Rosavtodor of the region where the transportation route will begin.

What rules did Alexey break?

did not check the reliability of securing the cargo in the body and the cargo shifted;
exceeded the axle load.

Consequences of overload

An overloaded car is difficult to control in difficult weather conditions (ice, wet asphalt) and has an increased braking distance, which creates dangerous situations on the road.
The road surface is designed for certain loads and exceeding them causes damage to it.
When braking sharply, there is a risk of the rear part of the trailer skidding and loss of control of the truck, which also provokes an emergency situation.
The car itself wears out faster.

In this regard, the state, represented by Rostransnadzor and the State Traffic Safety Inspectorate, is strengthening control over cargo transportation. On September 2, 2015, the Government approved an Action Plan (“road map”) aimed at preventing violations when driving heavy and (or) large vehicles on public roads. In accordance with it, automatic weight and dimensional control systems with photo and video recording functions appeared on Russian roads. By the end of 2020, 387 such posts will appear on all federal roads.

How do automatic scales work?

The scales measure the total weight and axle loads of a vehicle moving at speeds of up to 140 km/h. If there is overload, the system determines the owner of the vehicle by the vehicle number and checks whether a special permit was issued, and if not, it automatically issues a fine. Alexey's truck passed such scales at the first mobile weight control station. If the system has detected a violation and generated a fine for overloading, the carrier will know about it when it receives it by mail. In the future, automatic weight control points will be supplemented with electronic displays, which will inform the driver on the spot about the results of the check.

Permissible vehicle loading standards

Appendix No. 1 to Government Decree No. 272 “On approval of the Rules for the transportation of goods by road” dated April 15, 2011 establishes the permissible weights of vehicles depending on their type or combination, number and location of axles. The permissible weight consists of the weight of the vehicle itself with the trailer, indicated in the PTS, and the weight of the cargo.

Appendix No. 2 to the same document defines the permissible axle loads depending on their location and the distance between them for roads with different permissible axle loads.

Amounts of fines for overload in 2019

In accordance with Article 12.21.1 of the Code of Administrative Offenses of the Russian Federation, violation of these norms is punishable by a fine or deprivation of the right to drive a car. Liability measures are determined depending on the degree of excess of the permissible weight or axial load as a percentage.

The amount of excess of the permissible vehicle weight or axle load

100 000 — 150 000

250 000 — 300 000

5,000 - 10,000 or deprivation for 2 - 4 months.

350 000 — 400 000

7,000 - 10,000 or deprivation for 4 - 6 months.

400 000 — 500 000

During the third weighing at a stationary post, the scales recorded the overload of Alexey’s truck. The inspector drew up a report and detained the vehicle until the violation was eliminated by blocking the wheels with a special device. I called a tow truck to move the overloaded car to a paid special parking lot. In accordance with clause 1.1. Art. 27.13 of the Code of Administrative Offenses of the Russian Federation, before the tow truck arrives, the driver has time to eliminate the violation. To continue the route, you must either obtain a permit for the transportation of heavy cargo, or eliminate the violation in one of the possible ways:

Change the location of part of the cargo in the trailer if the axle load is impaired.
Move part of the cargo to another vehicle if the total weight of the vehicle is overloaded.

The driver of the truck, entrepreneur Alexey, managed to correct the violation in the first way before the tow truck arrived, by redistributing the cargo in the back. The inspector sent the car for control weighing, which showed that the axle load had returned to normal and allowed it to continue driving. However, this will not save the carrier from a fine for overloading; the violation was recorded in a weighing report and protocol and will have to be paid.

Who should pay the fine for overloading if the fine is issued by an inspector?

In accordance with Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, responsibility for overload is borne by:

The driver who directly drove the vehicle.
The official of the organization is the person who releases the car for the flight.
Legal entity - an organization or individual entrepreneur whose vehicle transported cargo. Moreover, the amount of the fine is the same for both.
The shipper, if he violated weight standards during loading. What is not allowed under Part 12 of Article 11 of the Motor Transport Charter.

The amounts of fines for shippers vary:

for legal entities - from 250,000 to 400,000 rubles;
for entrepreneurs - from 80,000 to 100,000 rubles. (Clause 10, Article 12.21.1 of the Code of Administrative Offenses of the Russian Federation).

Thus, the fine will be issued to the entrepreneur Alexey himself, the driver who drove the car and the organization that loaded the transport.

Who should pay the fine for overloading during automatic fixation?

If a violation is recorded by an automatic weighing system, only the owner of the vehicle will be responsible. The amount of the fine is the same for individual entrepreneurs, individuals and legal entities of vehicle owners.

In what cases can you appeal a fine?

The current judicial practice in Russia shows that the courts fully satisfy the claims of the traffic police against violators of weight loads. However, in some situations it is possible to appeal an overload fine:

To the owner of the vehicle:

if the car was leased to another person under an agreement. Then the lessee of the vehicle bears responsibility, which is enshrined in Art. 2.6.1 Code of Administrative Offenses of the Russian Federation;
if the truck was carrying cargo for personal use, and the owner can confirm this. Then the fine will be the smallest for an individual.

To the carrier:

if the machine was loaded with bulk or liquid cargo, and a fine was received for overloading the axles. Sand, stone, and liquids are not secured in any way in the body and the driver cannot control their movement, and therefore the load on the axle. In such cases, the court may meet halfway and cancel the traffic police decision due to the lack of corpus delicti. It is logical that the permissible weight of the vehicle should not change.

To the shipper:

if the vehicle has undergone several weighings along the route, the first of which did not reveal overload on the axles. This indicates that the load shifted along the way, so during subsequent weighing the axle “broke” the overload, which means that during loading the axial load was distributed correctly. Thus, there is no violation of the rules by the shipper.

In this situation, Alexey will have to pay a fine. But we need to draw conclusions for the future in order to avoid receiving new fines for overloading.

What you need to know and do to avoid receiving fines for overloading

Know the rules for transporting heavy cargo and follow them.
Load the car strictly observing the norms established by law.
Securely secure the load in the truck so that it does not move.
On-board axle load sensors can be installed on the trailer to continuously monitor axle loads.
When loading, use computer programs that calculate the optimal options for placing cargo in the body.

Consult our specialist about implementing a service for automatic control of such fines in your organization: tel. 8-800-250-8335.

Article published date: July 18, 2019
Last modified: July 22, 2019

Overloading a truck: fines and consequences

The content of the article

Overloading a vehicle means exceeding the permitted or standard weight. If the overload exceeds the legal limit, the driver or owner of the car faces administrative sanctions. In this material, we will analyze under what conditions it will be punishable to exceed the permissible weight or load on the axle of the machine, and what the fine for overload is provided for by law.

What are the consequences of overloading a truck?

Exceeding the permissible dimensions or weight characteristics not only reduces the stability of the machine and poses a safety threat to the driver. Putting an overloaded vehicle into service has the following negative consequences:

excessive load on the road surface leads to its damage and destruction;
unauthorized increase in the weight of a truck or axle load creates a danger when driving on ferry crossings, bridges, pontoons and other attached structures;
the presence of excess weight in a car makes behavior on the road unpredictable, increases the braking distance, entails the danger of the vehicle overturning when turning, etc.

Note! Overloading a machine can be legalized by obtaining a special permit. When issuing this document, the permitted route of travel, the maximum permissible weight of the vehicle, and other parameters are taken into account.

The base weight of the truck and standard axle load are determined by the manufacturer. Possible exceeding of these parameters depends on the special permit that the driver of a heavy-duty vehicle must have with him while driving on the roads.

The law establishes penalties not only for operating overloaded vehicles. Depending on the circumstances, punishment will follow for:

illegal driving in excess of the weight characteristics on the roads;
loading of cargo causing the permitted weight characteristics to be exceeded;
entering deliberately false data into transport and accompanying documentation;
other types of violations associated with exceeding the weight or permissible load on the axle of the machine.

In view of these circumstances, not only the driver, but also his employer (enterprise or individual entrepreneur), loading company and other entities can be held liable for traffic violations.

What is the fine for overloading a truck?

Citizens, officials, organizations and entrepreneurs will be held accountable for violations. Accordingly, the amount of the fine will depend on the status of the offender and the nature of the offense committed. Let's consider how much the fine for overloading is threatened in 2018 under various circumstances of the violation.

For individuals

As a rule, a fine for overloading a truck is imposed on a driver who is stopped on a contract while driving. Since weight characteristics are subject to accurate assessment, the driver is asked to have the vehicle weighed at stationary or mobile measuring stations. Depending on the detected excess weight, sanctions for individuals will be assigned in the following amounts:

if the weight excess is recorded within 2-10%, the sanction will be from 1 to 1.5 thousand rubles;
when using data from an automatic weighing system and photographic recording equipment, a fine for a similar overload for the owner will be assigned in the amount of 150 thousand rubles;
if the excess is from 10 to 20%, the fine for the driver will be from 3 to 4 thousand rubles, and for the owner - 300 thousand rubles;
a fine for overloading a truck by 20-50% entails a penalty of 4-5 thousand rubles. or deprivation of rights for up to 3 months, and for the owner - 400 thousand rubles;
the maximum penalty will follow if the excess weight exceeds 50% - the driver will receive a fine of 7-10 thousand rubles. or deprivation of rights for up to 6 months.

Note! If the driver is not the owner of the truck, he will not be punished when using automatic weighing systems and recording cameras.

Thus, if an excess of weight or axle load of no more than 2% is recorded, enforcement measures will not be applied to individuals. Such a mass deviation is acceptable and may be a consequence of the error of the metering devices.

For legal entities

Traffic police fines for overloading will be significantly higher for legal entities - vehicle owners. Depending on the weight characteristics given above, sanctions will be assigned within the following limits:

if the weight excess is recorded within 2-10%, the sanction will range from 100 to 150 thousand rubles;
if the excess is from 10 to 20%, the fine on the enterprise will be from 250 to 300 thousand rubles;
a fine for overloading a truck by 20-50% entails a penalty of 350-400 thousand rubles;
the maximum fine is imposed for exceeding the weight by 50% - the company will be required to pay to the budget from 400 to 500 thousand rubles.

The fact of violation will be recorded in the procedural protocol, and the exact amount of the sanction will be determined by the court.

Methods of paying a fine

Even if you agree with the identified violation, penalties do not need to be paid at the place where the protocol was drawn up. If a violation is identified by a traffic police officer, the protocol will be sent to court. The violator must pay the fine imposed by the court voluntarily - no more than 60 days are given to do this.

For decisions made based on data from photo and video cameras, payment is made according to the decisions of traffic police officials. If the fine is not paid within 60 days, the bailiffs will handle the enforcement.

Permission to exceed cargo weight

If the operation of a vehicle involves regular or one-time overloading of a truck, a special permit must be issued. This document is issued according to the following rules:

depending on the departmental affiliation of the road, permission will be issued by municipal, regional or federal authorities in the field of road management;
to obtain permission, you need to submit a diagram and agree on the transport route;
For certain categories of cargo, it is necessary to coordinate the traffic police escort, otherwise the permit will be invalid.

Note! The permit is issued for a certain period, which will be indicated in the document. Failure to renew the permit in a timely manner will result in the same penalties as in the absence of a permit.

The driver must present the permit document to traffic police inspectors at stationary checkpoints or when stopping on the road. The contents of the document will indicate the permissible weight of the truck or the permissible axle load - overload will be detected using these parameters.

What are the consequences of evading administrative punishment for overloading a car?

In addition to imposing sanctions under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, the following consequences may occur for the driver or owner of heavy vehicles:

the car may be placed in an impound lot, and for storage you will need to pay for the services of a special institution;
the activities of an enterprise or individual entrepreneur may be suspended administratively;
If the fine is not paid voluntarily within 60 days, the penalty will be doubled by court order.

It is extremely difficult to challenge the punishment, since metering devices are regularly verified and certified, and their readings have a low error. To challenge it, it is advisable to seek help from professional lawyers who will help identify violations of substantive and procedural law.

What is the fine for overloading a car? According to Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation is punishable by exceeding the weight characteristics by more than 2%, and the most serious fine will be imposed for overloading by more than 50%. Depending on the circumstances of the violation, punishment is assigned to the driver or the company that owns the truck. A special permit, which specifies the maximum permissible overload, will help eliminate the claims of traffic police officers.

If you have questions about being held liable for overloading a truck or need to appeal a fine, contact our lawyers for help. You can get advice by calling the numbers listed on the website or using the feedback form.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

Penalty for exceeding the permitted maximum weight

Good afternoon, dear reader.

For each vehicle, the manufacturer has established the so-called permissible maximum weight, i.e. the weight of the vehicle with passengers and cargo at which operation is possible.

The maximum weight is indicated in the vehicle passport (column 14) and in the registration certificate (column “Permitted maximum weight, kq”).

Exceeding the figure specified in the documents can lead to the car quickly breaking down or getting into a traffic accident, because its parts are not designed for operation with overload.

Nevertheless, there are drivers who want to carry the maximum amount of cargo in one go and do not pay attention to the permitted maximum weight. Let's look at the fines that can be imposed for this violation:

Overload ban in traffic regulations

First of all, let's turn to paragraph 23.1 of the traffic rules:

23.1. The weight of the transported cargo and the load distribution along the axles must not exceed the values established by the manufacturer for this vehicle.

That is, this clause prohibits the transportation of cargo if, due to this cargo, the permissible maximum weight of the vehicle is exceeded.

Fine for overloading a car

The fine for violating the rules for transporting goods is provided for in Article 12.21 of the Code of Administrative Offenses:

1. Violation of the rules for the carriage of goods, as well as the rules for towing -

entails a warning or the imposition of an administrative fine in the amount of five hundred rubles .

That is, for exceeding the permitted maximum weight, a warning or a fine of 500 rubles . This fine can be imposed both for overloading a passenger car and for overloading a truck.

Please note that the Code of Administrative Offenses also includes other fines related to excessive vehicle weight. For example, if a truck has a mass that exceeds the number on the prohibiting road sign, then the fine will be 5,000 rubles.

Private owners will pay in full. They want to equalize fines for overload for individuals and entrepreneurs 16:52, July 26, 2019 Print version

If the bill approved by the government is adopted, fines for individuals will increase many times over.

On July 25, the government approved amendments to Article 12.21.1 of the Code of Administrative Offenses, establishing the amount of fines for overloading. The proposed amendments determine a uniform amount of fines, regardless of the method of recording the offense and the form of ownership under which the vehicle is registered.

Apparently, if the bill is adopted, individuals will pay the same fines as legal entities and individual entrepreneurs pay today.

This means that fines for individuals (today they pay from 7 to 10 thousand rubles if a violation is recorded by an inspector) can increase by more than 40 times.

If the amendments are adopted, only vehicle owners will be held liable for overloading. The fine will disappear: its size will correspond to the minimum size today, that is:

₽100 thousand with overload 2-10%;
₽250 thousand with an overload of 10-20%;
₽350 thousand with overload of 20-50%;
₽400 thousand with overload of more than 50%.

Thus, for legal entities and individual entrepreneurs, fines coming from ASVGK will be reduced.

In the interests of the constitution

The reason for the amendments to the Code of Administrative Offenses is the discrepancy between the current norms of the Code and the Constitution of the Russian Federation. It was established during the consideration of two cases of administrative violations.

The first discrepancy is that fines issued for the same violation by an inspector and by means of photographic and video recording may differ significantly. ASVGK always impose maximum fines for overloading, but by law they must be minimal.

The second discrepancy is the impossibility of proving that a particular cargo is intended for the personal needs of the driver (the size of the fine also depends on this) if the fine is issued by the ASVGK.

The Constitutional Court drew attention to this discrepancy when considering the complaint of entrepreneur Andrei Dumilin, who transported a wooden frame for his own needs and received a fine as a legal entity. He was unable to prove the purpose of the cargo in the regional court, and the case reached the Constitutional Court, which ultimately recognized the imperfection of the current legislation.

Punitive fines

“This is, in general, logical,” says Valery Voitko, president of the Trucker Association. – An overloaded car owned by an individual destroys the roadway in the same way as a car registered to a large company. When many years ago the current scale of fines, divided into categories, was adopted, it was assumed that it would be difficult for small businesses to pay large fines, because their turnover was incomparable with large transport companies. But I think this is a disastrous approach.

In addition, today the Ministry of Transport demonstrates that it is aimed specifically at punitive, prohibitive fines for overloading - without any discussion. This is the ideology of the department.

At the same time, the question of the proportionality of fines to the damage caused to Russian roads by overloaded cars remains open.

— Calculation of fines follows from methods for calculating damage caused to roads. One gets the feeling that these methods were written according to the principle “the more, the better,” says Valery Voitko. – At one time, officials of the Ministry of Transport often mentioned at meetings that overloaded cars cause damage to roads worth 2.6 trillion rubles a year. They didn't even realize how ridiculous these numbers looked! Our annual investments in roads amount to 600, 700, 800 billion rubles, that is, in a year there should be no roads left at all, only deep holes.

According to the expert, the methods for determining the damage caused to roads are aimed, first of all, at confirming and providing a theoretical basis for the established amounts of fines for overloading.

The adoption of government-approved amendments will certainly be an unpleasant surprise even for conscientious private owners: no one is immune from accidental overload, and the accuracy of measuring equipment often leaves much to be desired. The amendments could also make life more difficult for entrepreneurs who rent out trucks to their own employees to reduce their tax burden and reduce penalties.

In general, the proposed amendments echo other legislative initiatives that strengthen regulation of the industry and impose requirements on private traders and individual entrepreneurs that are now imposed on large companies. Among them are bills on registers of cargo carriers and the extension of the work and rest regime to individuals. It seems that the government intends to establish a level playing field in the road freight transport market for all forms of business. Whether this will be possible and how such changes will turn out, time will tell.