Penalty for using winter tires in summer
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.
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:
- cuts, peeling, tears, if the cord is visible (it does not matter whether the cord threads are broken or not),
- 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.
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.
Is it allowed to drive on winter tires in summer?
As stated in the traffic rules law
The answer to the question whether, according to the Rules, the use of out-of-season tires is prohibited is clear - no, it is not prohibited. Justifications below.
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Since July 1, 1994, the Road Traffic Rules, approved by Decree of the Government of the Russian Federation No. 1090 of October 23, 1993, have come into force on the roads.
It says that a motorist is prohibited from operating a vehicle if the tires:
- have external damage (for example, cuts or punctures exposing the cord);
- the size or permissible load do not correspond to the vehicle model;
- delaminate along the frame or sidewall.
In addition, you should not drive a car if:
- tires with different parameters are installed on one axle (for example, a radial tire is installed on the left front, and a diagonal tire is installed on the right front);
- the remaining tread depth (measured with a caliper) is less than the value regulated by law (for example, for standard passenger cars of category M1, the depth must be more than 1.6 mm).
Is it possible to drive a vehicle in summer on winter tires?
Despite the fact that the traffic rules do not directly prohibit drivers from driving a car equipped with winter tires in the summer months, this does not mean that this action is permitted.
The corresponding ban is stated in the Technical Regulations TR CU 018/2011, approved by the Decision of the Customs Union Commission No. 877 of December 9, 2011 (hereinafter referred to as the Technical Regulations).
It says that in the summer (June, July, August) you cannot drive a car that has tires with anti-skid spikes.
This legal norm should be interpreted literally - that is, in the summer months you can drive on winter tires (and any other tires in general) if they do not have studs.
If the spikes are removed or knocked out
It seems that the absence of all the studs transfers the tire to the studless category, which means that driving one in the summer, according to the technical regulations, is allowed.
Velcro
In the colloquial language of car enthusiasts, this type means a studless winter tire.
As for driving in the summer on such tires, yes, it is allowed, and still in accordance with the same norm of the Technical Regulations, which prohibits driving in the summer exclusively on tires equipped with anti-skid studs.
What are the road hazards?
Many motorists believe that if winter tires “hold” the car perfectly in snow or ice conditions, then in the summer, when the danger of slipping is minimized, they will perform even better.
Therefore, when driving a car equipped with winter tires in the summer, the driver will increasingly notice the effect of increasing hydroplaning, which will not have the best effect on road safety.
Moreover, winter and summer tires differ in composition - softer material is used in the production of the former.
Increased softness affects the wear of tires when used in the summer - a motorist who has been driving on them all summer risks incurring additional financial costs associated with the purchase of a new set of wheels by the time autumn arrives.
Neglecting to replace tires also risks:
- noticeable increase in braking distance;
- slow vehicle reactions to steering wheel rotation;
- decreased directional stability on the highway and in city conditions, etc.
What are the fines?
As of 2019, there are no sanctions for using out-of-season tires in the current version of the Administrative Code. However, legislators planned to introduce corresponding liability.
Although the driver may well be charged under Part 1 of Art. 12.5. Code of Administrative Offenses and punish either in the form of a warning or a fine of 500 rubles.
Bill to penalize out-of-season use
On March 3, 2014, members of the Federation Council Tyulpanov, Dobrynin, Klishas and deputies of the State Duma Ilyasov, Kolesnik, Andreev and Gerasimova came up with a legislative initiative to tighten liability for citizens who violate the requirements of the Technical Regulations regarding tires and wheels.
The corresponding bill No. 464241-6 provided for the addition of Art. 12.5. Code of Administrative Offenses with a new part 3.2., which would regulate the imposition of a fine in the amount of 2000 rubles for any violation of the requirements of legislative acts regarding wheels and tires.
However, the matter did not go beyond the first reading by the State Duma. At the moment, the project has been rejected, so the desire of some legislators to tighten responsibility remains so.
Will the car pass?
To purchase an MTPL policy, for driving without which liability is provided for in Part 2 of Art. 12.37. Code of Administrative Offenses (traffic police fine 800 rubles), you must first issue a diagnostic card, that is, undergo a technical inspection.
The DC will not be issued if:
- non-compliance of the tread pattern height with the requirements established in clause 5.6. Appendix 8 to the Technical Regulations;
- installation of different tires on one axle;
- there is a section of the treadmill where the tread pattern height is below the minimum set value.
A motorist who arrives at a service station in the hot season with out-of-season tires will be able to undergo a technical inspection provided that the tire meets other established safety requirements.
Video: What happens if you drive on winter tires in the summer? Every driver should know this!
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Fine for winter tires in summer: what is its size?
Fines for wearing winter tires at the wrong time of year came into force in 2015. The adjustments and changes that have appeared in the Code of Administrative Offenses do not imply full compliance of the type of tires with a certain time of year. Here are the necessary size requirements that the tires must meet. Now a winter tire is determined by specific criteria specified in the code.
Sanctions will be imposed on those motorists who:
- in summer, use winter tires with a tread depth of up to 4 mm,
- in winter, use summer tires with a tread depth of no more than 1.6 mm,
Will the traffic police inspector draw up a report on such a case? As stated in the resolution, the inspector can only warn the violator or draw up a written document about the violation for using out-of-season tires. As for the Customs Union, in 2015 a requirement was introduced for the use of winter tires for three months. It also says that winter tires are prohibited from being used during the summer months. In any case, it all depends on weather conditions and the time of use of a certain type of tire.
Is it possible to drive with winter tires in summer?
Many drivers believe that it is possible, but only use them carefully: the car will not stick to the asphalt , even if the winter tires are without studs. This opinion is erroneous and dangerous for many drivers and pedestrians. Why can't you drive on winter tires in summer? In the summer, you should never drive on winter tires for some reasons:
- Is it dangerous. In an emergency, winter tires will fail: you won’t be able to brake in time, for example.
- Using winter tires in summer will cost more than all traffic police fines.
The law does not say anything about using winter tires in summer. In 2010, deputies proposed a law on the mandatory use of summer and winter tires, but something went wrong, and the law was repealed due to different natural conditions in Russia.
If we comment on the current situation, the issue of changing seasonal tires in Russia is not regulated, and there are no fines for using tires out of season, and motorists change tires based on climatic conditions. Motorists approximately change winter tires to summer tires on March 15, and summer tires to winter ones on November 15 . But these dates have a symbol, and in different regions of Russia, drivers change tires differently.
If you change seasonal tires, you need to rely not only on numbers, but also on climatic conditions: if spring has arrived according to the calendar, and there is snow on the road, then you should drive on summer tires. And if the road is dry and clean in November, you can still drive on summer tires. In any case, you will have to pay a fine for driving on winter tires in the summer if stopped by a traffic police inspector.
Traffic police fines for summer tires in winter
There have long been rumors around the country that it will be impossible to drive on out-of-season tires - such decrees were introduced into bills many times, but were canceled for various reasons. The following rules have been proposed:
- It is mandatory to use winter tires during the cold season - from November to March.
- Traffic police fines for out-of-season tires.
- Traffic police fines for tires with spikes in the summer.
- Failure to pay the insurance premium when using non-seasonal tires.
Next year, traffic police are expected to introduce fines for winter tires in the summer, and vice versa, they will also fine for bald, worn tires. A serious reason was the adoption of TR CU 018/2011 On the safe operation of a vehicle, which came into force in 2015.
Fines for using winter tires
Changes in the Customs Union have brought a lot of new things to Russian drivers. Regarding the issues of using rubber TR CU 018/2011, the changes are as follows:
- There is no concept of off-season tires.
- From December to February it is allowed to use winter tires, and from June to August - summer, non-studded ones.
- In summer, the use of tires with spikes is prohibited.
- Tread wear standards must be met.
- You can change the forbidden months to use seasonal tires.
If we talk about the amount of the fine, this was discussed for a long period of time. At first the amount of 5,000 rubles was indicated, but then they set 500 rubles for the use of winter tires in the summer. This is stated in Article 12.5 of the Code of Administrative Offenses of the Russian Federation, Part 1 .
Traffic police fines for worn tires?
The use of tires with bald treads is also subject to fines. According to the rules, you cannot drive on the road with a bald tire if the tread height of a passenger car is less than 1.6 mm, a truck - 1 mm, a bus - 2 mm, a motorcycle - 0.8 mm. The fine for violating such a rule is indicated in Article 12.5 of the Code of Administrative Offenses and is 500 rubles. In the future, the fine will be increased to 2,000 rubles. Such an increase in the amount is not considered unreasonable, since worn out tires can provoke various emergency situations, especially in winter. Bald tires do not allow full contact with the asphalt; as a result, cars end up in a ditch.
Penalty for studded tires
In addition to the ban on the use of seasonal tires, a change was made regarding the use of studded tires:
- Tires with spikes must be installed on all wheels of the car.
- Do not use tires with spikes in summer.
The maximum number of spikes per meter should be 60 pieces. This requirement applies to tires manufactured after January 1, 2016. Of course, it is possible to allow the use of a large number of studs if it is proven that they do not provoke asphalt wear and provide full traction characteristics.
Will there be a fine for wearing studded tires? Regarding fines for using such a tire, there are none. There is only a fine for driving without a studded sign if you have studded tires. You will have to pay 500 rubles .
How are fines charged for driving illegally?
If everything is clear with the laws and fines, then the next question arises: how will fines be issued, and who will check the correct use of tires? Today, the only solution to determine the compliance of tire use is considered to be a technical inspection. But there are also some nuances here: a newly purchased car is not allowed to undergo technical inspection. Also questionable is the operation of old cars, which must undergo maintenance once a year , not twice. If the exact amounts of fines are determined, then motorists will have to take the use of tires seriously. Or then traffic police inspectors will reduce your budget with ever new fines.
By the way, to check for fines for non-compliance with tire use, you can download and install the Tinkoff app on your phone for free. Then you will be aware of all automobile sanctions and will be able to pay them on time. Payment is made online and in a convenient way. Now you won’t receive orders about a long-forgotten outstanding debt - notifications will be sent immediately to your phone.