New traffic police fines for winter tires

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:

The traffic police said that winter tires are mandatory from December 1, 2019

The availability of high-quality tires appropriate for the season is one of the key factors affecting road safety. With the onset of cold weather, every driver needs to switch to winter tires, since they are made of “soft” rubber and have a special tread pattern, which affects their grip on the road.

According to the new regulations, the installation of winter tires is required for all cars for three winter months. This means that from December 1, 2019, it is not recommended to operate a vehicle on public roads without appropriate tires.

Winter tires from December 1, 2019: mandatory or not

The technical regulations of the Customs Union state that from December 1, 2019, every driver driving a car on public roads is required to equip his vehicle with winter tires.

The tires can be studded or not. It is also permissible to use all-season tires, but only if they are marked “MS” - this can also be a different variation of the letters using the “+” and “&” signs.

Latest news from the traffic police

Although the law obliges drivers to change their car’s shoes to winter tires, it does not impose sanctions for failure to comply with the requirement. Thus, Chapter 12 of the Code of Administrative Offenses does not contain references to technical regulations and language prohibiting fines for the lack of winter tires.

There is only a fine for using worn tires (summer, winter or all-season). Wear is checked by measuring the tread depth in the most worn place - it should be at least 4 mm. However, the fine for this offense is only 500 rubles, and the inspector may also limit it to a verbal warning.

What is the penalty for not having winter tires?

As we wrote above, there is no fine for not having winter tires in 2019-2020. However, this is not a reason to risk yourself and others, and it is definitely worth changing your car’s shoes.

The good news is that the traffic police is already considering establishing a fine for this violation, and it is very likely that it will come into force from the next winter season.

What is the penalty for driving in winter on summer tires?

On November 1, it became known about the introduction of new clauses into the federal law “On the safety of wheeled vehicles.” Amendments have been made regarding the requirements for using different types of tires in winter. Now driving certain categories of cars without winter tires between December and February is punishable by fines.

New rules on tires in winter

The bill came into force on November 11, 2018. It sets the deadlines for changing summer and winter tires. The amendments do not apply to all-season tires, but studded tires are prohibited in the summer season. The main amendments made to the traffic rules:

1. Specifications for winter tires have been established, depending on the category and load capacity of the vehicle.
2. Tires are supposed to be changed in winter on cars of categories M1 and N1 (passenger cars, minibuses, buses).
3. A fine has been introduced for tires that do not correspond to the season.
4. Sanctions for the car owner in case of non-compliance with the established technical specifications (according to paragraph 5 of the 8th appendix of the Technical Regulations of the Customs Union).
5. A fine is not imposed if the flaws are minor - this is decided by the traffic police inspector. In this case, the driver is only given a reprimand.
6. The bill does not provide for a clause regarding all-season tires. When issuing a fine, the inspector will be guided by the markings on the tires and their technical characteristics.

Tires must be changed from December 1st. The use of winter tires is allowed until 1 month of spring, but in some cities the official date for changing tires to winter differs. This happens due to the temperature difference in different parts of Russia.

How much do you have to pay for the fine?

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Today there is no penalty for summer tires in winter. From November 11, 2018, in accordance with Article 12.5 of Part 1 of the Administrative Code, a car owner can only be fined if they use worn tires. The fine in this case is 500 rubles . Additional penalties (deprivation of license, car) are not provided.

Since 2016, clause 3.2 in Article 12.5 of the Code of Administrative Offenses has been developed, according to which it was decided: for failure to comply with operational standards for tires, the car owner is subject to an administrative fine of 2,000 rubles. The bill had some flaws and therefore did not come into force.

The sanctions apply to tires whose tread depth is less than 4 millimeters. At the same time, the traffic police inspector imposes a fine only in a situation where such tires are used on an icy road. During such a period, the use of tires that do not comply with the rules leads to an increase in the number of accidents with serious consequences.

Start of fine periods

The official date of entry into force of the law on winter treads is December 1. The date is subject to change by authorities. The unofficial date when it is recommended to “change your shoes” is November 15th.

According to clause 5.5 of Appendix 8 of the Technical Regulations, the season for using winter tires is the beginning of December and the end of February . But it is impossible to answer the question exactly how long this period lasts. Sometimes the ice lasts until March. In such cases, regional authorities may increase the time of use of winter protectors.

As of November 11, amendments were made to the technical regulations that establish: the timing of the use of winter tires can be regulated by government agencies both in the region and throughout the country.

Regarding all-season tires, the bill states that they can only be used with special markings. But at temperatures below 7 degrees it is recommended to change it to winter. This rule does not apply to vehicles of category B (M1 and N1) - only studded or non-studded winter tires are allowed for them in winter. Below is a table of tires approved for use in winter:

Is there a penalty for summer tires in winter from December 1st?

No. There is no traffic police fine for driving on summer tires from December 1st of winter 2017-2018! The confusion arose due to the new norms of the Technical Regulations of the EAEU Customs Union “On the safety of wheeled vehicles”, which do not directly affect the lives of motorists.

In 2017, the Administrative Code, based on the articles of which Russian drivers are fined, does not contain clauses related to the mandatory “change of shoes” of car tires in winter or summer. There are no legal fines for “not changing shoes” in the Russian Federation!

The information department of the shtrafy-gibdd.ru service has collected all available information on the topic of fines for summer tires from December 1 in the winter of 2017-2018.

In 2017, the law does not prohibit driving in winter on summer tires with a tread depth of more than 4 mm.

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What is the Technical Regulation and why is it needed?

The confusion over the fine for summer tires in winter (from December to February) arose due to clause 5.5 of the Technical Regulations of the so-called EAEU Customs Union.

The Technical Regulations of the Customs Union are an attempt by three friendly, economically connected states of Russia, Belarus and Kazakhstan to develop common safety standards for the production and use of essential products.

Conventionally, the Technical Regulations of the Customs Union can be equated to the Soviet GOST. The idea is to introduce general rules of the game, bringing national standards, regulations and rules to a single modern and safe model.

Technical regulations of the Customs Union regulate about 50 areas, such as pyrotechnic products, packaging, children's toys, food, etc. The rules for operating vehicles should be regulated by the regulation “On the safety of wheeled vehicles” (TR CU 018/2011), which formally came into force effective January 1, 2015.

Among other things, the Technical Regulations of the Customs Union “On the Safety of Wheeled Vehicles” contain clause 5.5, which is referred to by journalists from many major automotive publications.

Clause 5.5 of the Technical Regulations of the Customs Union (came into force in 2015):

— 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). Winter tires are installed on all wheels of the vehicle.

According to the regulations of the Customs Union, winter tires are considered to be both studded and non-studded rubber products that have the designation “M+S”, “M&S” and “MS” on the side surfaces or a design in the form of a mountain with three peaks and snowflakes inside it.

Why is there confusion with the fine for summer tires in winter?

Journalists assessed the strict wording of clause 5.5 of the Technical Regulations of the Customs Union as a ban on operating cars on summer tires in winter and on winter tires in summer. However, it is not!

A traffic police officer has the right to fine the driver or owner of a vehicle solely on the basis of a clause of the Code of Administrative Offenses. At the time of writing (December 2017), the Administrative Code does not have a clause providing for punishment for the “irremovability” of tire types depending on the season of operation.

Article 12.5 of the Code of Administrative Offenses of the Russian Federation, as well as the traffic rules together with annexes, do not contain any instructions on replacing types of tires in winter and summer. There is no penalty for summer tires.

Confusion occurred because some of the innovations from the technical regulations of the Customs Union in previous years were transferred to the Code of Administrative Offenses. But there are still no bans on summer tires in winter.

Can a traffic police officer fine you for summer tires in the winter of 2017-2018?

It is for “summer tires in winter” that a traffic police officer cannot fine a motorist without violating the law. As we found out, there is no such clause in the Code of Administrative Offenses; there is no corpus delicti in the actions of the motorist.

However, from some regions of Russia there are reports of fines issued under Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation. They are trying to accuse motorists operating vehicles in the winter of 2017 of “driving a vehicle with a malfunction for which the operation of the vehicle is prohibited.”

Police officers may either be poorly informed themselves or take advantage of the ignorance of motorists. Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, like the traffic rules together with all appendices, does not contain information about prohibitions on certain seasonality classes of tires.

The reader must understand correctly. There is no penalty for summer tires in winter and winter tires in summer. But no one has canceled other fines regarding wheels:

• Fine for tread depth less than 4 mm (RUB 500);
• Fine for not having a “spike” sign on the rear window of cars with studded tires (RUB 500);
• Fine for cuts and tears to the cord (500 rubles);
• Fine for missing wheel fastening elements (RUB 500);
• Fine for different wheel sizes on the same axle (RUB 500).

In the winter of 2017-2018, a fine for summer tires in winter is illegal and subject to appeal to the traffic police or court.

A traffic police inspector stopped me and wants to punish me for using summer tires, what should I do?

First you need to make sure that this is a real traffic police officer. Ask the person in the uniform to clearly state his last name, present documents, give the badge number and explain the reason and reason for the stop.

If misunderstandings between you grow, you can turn on the voice recorder on your smartphone or start recording video - the law allows this.

You should clarify the clause of the Code of Administrative Offenses that you violated and read it out together. If the traffic police officer persists, insist on drawing up a protocol rather than drawing up a resolution.

In the comments field, indicate “There was no violation of the article of the Administrative Code. The fine was issued for the type of tire not matching the season of the year.” Carefully read the signed papers, pay attention to the fact that traffic police officers fine you specifically for summer tires in winter. If next to the word “installed” there is no violation associated with the seasonality of the tires used, add this in the comments field. Indicate that you have a recording of the conversation with the traffic inspector.

NOTE: Subject to everything described above, the Shtrafy-gibdd.ru team recommends changing tires from summer to winter at near-zero temperatures. Even the simplest and most worn winter tires significantly reduce braking distances on winter roads.

Are you for or against summer tires in winter? Write your opinion in the comments to the article.

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.

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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.