Traffic regulations studded tires fine
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:
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.
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:
- 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;
- 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.
Traffic regulations studded tires fine
The state company Avtodor developed and sent recommendations to the Ministry of Transport to reduce rutting on roads and reduce the negative impact of studded tires. According to the state-owned company, an increase in the share of passenger cars with studded tires in winter seriously increases the damage to road surfaces of any type.
Having studied foreign experience in determining the dependence of road wear on the speed of vehicles on studded tires, Avtodor came to the conclusion that in order to preserve the road surface, it is necessary to reduce the mass of studs. And in winter, limit the maximum speed of vehicles with studded tires to 70–80 km/h on roads of all categories.
As experts note, back in 2014, domestic experts determined that already at a temperature of minus five degrees Celsius, asphalt concrete pavements lose their elasticity and are destroyed under the influence of studded tires. The critical indicator was then called the speed of a passenger car at 74 km per hour.
“This is very close to the values of previously obtained results of foreign studies, as well as to the speed limit of 80 km/h for cars with studded tires, adopted in some European countries at the legislative level. For example, in Switzerland, Liechtenstein, Austria,” says the study (available to Autonews.ru).
At the same time, the press service of the Avtodor Group of Companies clarified that each case must be considered individually. “There are roads where you can drive at a speed of 90 km/h, where you can reduce the speed to 70 km/h. And there are restrictions of 60 km/h - there is no need to reduce the speed for cars on spikes,” the press service explained to Autonews.ru.
Currently, the Russian regulatory, technical and legislative framework differs significantly from the foreign one. There are different requirements for studded tires, their operation, as well as for the anti-skid studs themselves. Thus, in Russia, the permitted period of operation of studded tires depending on climatic zones is not fixed at the legislative level. There are also no defined penalties for violating it.
“This problem has been discussed for many years. The developments we presented can be used within different working groups,” the Avtodor press service told Autonews.ru. At the same time, the organization did not talk about specific proposals for fines for violating this procedure.
Experts, in particular, studied the experience of specialists in Sweden and Germany, where the use of studded tires was initially prohibited. In addition, Avtodor took into account the practice of the United States, where weather conditions in a number of states correspond to Russian ones. According to the authors of the studies, differences in the effectiveness of using studded tires in different countries are due to three factors.
The first of them is a very modest set of advantages of studded tires over regular winter tires. Thus, studs are effective only when the road surface is icy. In addition, the effectiveness of using studded tires is affected by differences in standards and strategies for maintaining roads in winter: in some places they are higher and the roads are completely cleared of snow and ice even in winter, and in others they are lower. Much also depends on the effectiveness of the warning system and traffic management when road conditions change - for example, during heavy snowfalls.
“The installation of studded tires is not a whim, but a necessary measure to ensure population mobility and road safety in winter,” the study authors concluded. “It is obvious that the share of cars with studded tires in the traffic can be reduced by significantly improving the quality of road surface maintenance along the entire road network from doorstep to doorstep.”
The rules for using winter tires are prescribed in the Technical Regulations of the Customs Union “On the Safety of Wheeled Vehicles”. According to it, you can drive on winter tires from the beginning of September to the end of May. Since studs are only installed on winter tires, it turns out that the stud ban is only valid for three months. But in fact there is no fine for violating this rule in Russia.
However, the Code of Administrative Offenses has Art. 12.5. “Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited” - the fine for such a violation is 500 rubles. And the leading lawyer of the European Legal Service, Orest Matsala, believes that traffic police officers can punish those who have not changed their tires after warning drivers in accordance with Art. 19.3 of the Code of Administrative Offenses - “Disobedience to a lawful order of a police officer.”
As Avtodor clarified to Autonews.ru, the department considers it necessary to extend the ban on driving on spikes for approximately 75 days. We are talking exclusively about the Central Federal District. In the Southern and Northern Federal Districts, it is proposed to introduce this practice separately.
Deputy Director of the Department of Design, Technical Policy and Innovative Technologies of the Avtodor Group of Companies, Roman Borodin, said on Avtoradio that the current technical regulations make it possible at the legislative level to reduce the permitted period of use of studded tires.
“In all regions of Russia, a thorough analysis must be carried out so that the driver can get from point A to point B without problems, without changing tires and without receiving fines,” Borodin noted. — Climatic zones are different, it is necessary to study the metrological map locally and find points of contact in order to choose a single period of prohibition and permission for operation. If it doesn’t work out, then optimize it taking into account the selection of road surfaces or resolve issues of speed limits. Not on all roads, of course. We need research, which we are currently doing. We are moving into the second phase - we will explore roads with increased strength."
Alexander Vasiliev, a member of the State Duma Committee on Transport and Construction and coordinator of the ONF Road Inspection project, believes that local authorities should be encouraged to maintain roads in such a way that drivers initially do not have the desire to drive on studded tires. It is the snow rolls and icy conditions on the roads that force motorists to change their shoes to spikes.
“Yes, you can completely ban studs or introduce mandatory compensation for the damage caused by such tires, or you can simply maintain the roads well. Now, even in the Far North, according to GOST standards, roads must be cleared down to asphalt,” Vasiliev noted in an interview with Autonews.ru. “I don’t think that tires on studs will somehow become more expensive, no one will impose a tax or excise tax on it, this is not discussed anywhere.”
According to the expert, the situation with tires primarily affects road workers, who in winter keep the roads in good condition without ice. For example, those who are responsible for federal highways, roads in Moscow and St. Petersburg, toll roads and highways where you can drive faster than 110 km/h.
“According to research by the Moscow Automobile Road Institute (MADI), 1 kilometer of mileage on studded tires at a speed of 80 km/h is equal to 50 thousand kilometers of mileage on a non-studded tire. That is, the impact of the thorn is 50 thousand times higher. This then translates into financial expenses. For example, on the Moscow Ring Road, road workers were forced to reduce the repair interval from four to three years due to cracks and rutting. This costs the budget an additional 280 million rubles.”
As Avtodor explained, they cannot come up with legislative or “penalty” initiatives, and the resulting developments cannot be called the official position of the state company. Nevertheless, they consider it necessary to discuss the problem of damage to high-quality road surfaces by spikes in order to find solutions to ensure the safety and durability of their facilities.