Penalty for oversized cargo: reasons for receipt, calculation, size of the fine, rules for filling out forms, amount and terms of payment

Often there are situations when a transport company or an individual has to transport bulky goods that exceed the dimensions of the vehicle. Cargo transportation should be carried out in accordance with traffic rules. Otherwise, you can get a fairly large fine for oversized cargo.

Basic concepts

Features of transportation of items having large dimensions in freight and passenger vehicles are regulated by the SDA of the Russian Federation. Article 23 of these rules regulates that the owner of a vehicle has the right to drive in any lane, but only if it does not interfere with the movement of other road users.

Oversized cargo is considered to be cargo that extends beyond the vehicle by 1 meter along the length of the car (rear and front) and 0.4 meters on the sides of the vehicle. The boundaries of the car are considered the extreme points of its body.

Sanctions Regulations

The inspector has the right to impose a fine for oversized cargo on the driver, referring to the following legislative standards: 1090-PP of the Russian Federation, which regulates the rules of movement on roads, instructions for the carriage of goods by road, 272-PP of the Russian Federation, which is a set of rules that regulate the norms of cargo transportation (it is customary to consider the main document in such situations), as well as 259-FZ.

The specified 4 standards regulate the rules of transportation of objects that exceed the size of the vehicle.

In accordance with the Instructions and the Charter, the driver carrying oversized cargo is allowed to travel on any destination road, including along small country and major highways. However, he should follow certain precautions. The only caveats in these standards apply to cargo vehicles that transport cartridges, weapons, or radioactive substances that are hazardous. Such objects should be transported on special routes due to their likely danger.

What threatens the intruder?

The legislation provides for a fine for the transportation of oversized cargo without permission. The size of the sanction is determined by the inspector, or the court, if it is necessary to determine the likely threat to the road order and other road users. The question of what kind of penalty for oversized cargo is imposed in a particular situation is decided by the second part of Art. 12.21 Administrative Code. In accordance with this regulatory document, the amount recovered will depend on the one who carried out the management of the vehicle:

1. For a legal entity, including an individual entrepreneur, the amount of the fine is determined by the judicial authorities. This approach is primarily due to the fact that the amount of punishment can reach a significant amount - half a million rubles. In addition, it is quite difficult to determine on site how serious this offense is.
2. For an employee of a transport company making unauthorized transportation, the fine may be 10-20 thousand rubles. Other administrative penalties are not provided.
3. For a private individual, two preventive measures are envisaged - a monetary penalty in the amount of 1.5-2 thousand rubles, or deprivation of the right to drive a motor vehicle for a period of 2.4 months.

When determining the amount of the penalty, the court takes into account the percentage by which the norm was exceeded in length, height, width, as well as the presence of factors indicating a threat to others and the likelihood of an accident.

In Moscow and St. Petersburg

It should be noted that in cities of federal significance - Moscow and St. Petersburg, for individuals, the sanction is increased. What is the penalty for oversized cargo in length in this case, the driver can get? If the vehicle driver does not have a pre-obtained permission for transportation, then he may receive a fine in the amount of 2-2.5 thousand rubles.

Aggravating circumstances that could influence the course of the trial

Situations that can aggravate the guilt of the driver include:

1. The absence of signs that indicate the dimensions of the transported goods, as well as reflective signs, if the transportation was carried out in the dark, or in conditions of poor visibility (snowfall, fog).
2. The object that is being transported covers the registration plates of vehicles or reflectors.
3. Speed ​​violation. Vehicle drivers who do not want to receive a fine must carry oversized cargo in an important condition: in the city they can drive at a speed of maximum 60 km / h, and over the bridge - a maximum of 15 km / h.
4. Passenger car and tow hitch lost traction and stability. A similar situation arises, as a rule, in two cases: if the transported object greatly exceeds the norm in height, and if the mass of the cargo greatly exceeds the established norms.
5. If oversized cargo is strongly projected forward and interferes with the driver's view through the front glass, that is, there is a direct probability of an accident on the road.
6. If the load limits visibility through the side windows of the car.

In addition, the offense aggravates any concomitant violation of traffic rules by the driver carrying oversized goods.

Persons authorized to impose a fine

Often there are situations when it is not possible to correctly measure oversize on the spot. Accordingly, it is difficult to determine whether they comply with the standards. That is why, whether the driver will be fined or not depends on the inspector who stopped the vehicle.

As a rule, the traffic police do not have special equipment for measuring. Exceptions include those representatives of the traffic police who are on duty. A similar circumstance usually compels one to purchase an ordinary clerical ruler or building meter. But in many cases, sellers cannot give any data on the manufacturer and, accordingly, on the conformity of this measuring instrument to the standards. Quality certificates are also rarely available. In this case, the measurement does not bear any legal value. In this regard, inspectors often simply let the drivers go, limiting themselves to warning if they conclude that deviations from the norm are minor.

It is worth noting that the inspector cannot write a fine for oversized cargo along the length at the stop of the vehicle. A verdict is issued only after a forensic examination. The inspector of traffic police must record the length, width and height of the cargo documented. After that, the information should be transmitted to the judiciary. In this case, the driver has a small loophole. If the oversized cargo actually exceeded the norm slightly, for example, by a couple of centimeters, then in court it is possible to challenge the fidelity of the measurements made by the inspector. We can refer to the fact that the inspector used unreliable measuring means, and therefore the procedure was violated. As a rule, such cases are considered in favor of the driver.

Types of offenses and ways to prevent getting a fine for the transportation of oversized cargo

There are 4 types of offenses:

1. There is no stage of approval of the route with the intention of transporting oversized cargo, there was a deviation from the route.
2. The mass of the cargo exceeds the permitted by 15% or more.
3. Deviation from the allowed dimensions by 10 or more centimeters.
4. Other disorders of lesser significance. For example, the lack of special characters.

In order not to receive a penalty for oversized cargo, certain rules must be observed:

1. The vehicle must be equipped with a special sign.
2. Any transportation should be carried out only with permission. You can get it from the traffic police.

In the case when the oversize has a length of more than 30 m and a width of more than 4 m, its transportation should be carried out only in the presence of escort. It is important! Otherwise, a penalty for oversized cargo in width or length will be charged.

Refusal to obtain permission

The traffic inspector will refuse to obtain permission in the following cases:

1. If the transported structure can be disassembled, that is, it can take up less space (for example, furniture).
2. Oversize can be transported in another way, for example, by rail or aircraft.
3. Transportation safety is not ensured even with full compliance with the requirements and rules.

Procedure for obtaining a sanction

The inspector is not entitled to issue a fine for oversized cargo on the spot. But he is entrusted with the duty of fixing indicators and transferring them to court. The offender will receive a subpoena, where there is the possibility of challenging the indicators that were recorded by the police officer.

It is worth noting that if the court establishes the presence of the fault of the driver, he will receive a receipt by mail. It must be paid no later than 30 days from the date of receipt. Such frameworks are new. Previously, a fine could be paid within 60 days.

There have been no other changes in the legislation regarding the application of sanctions for the transportation of oversized goods.

To avoid punishment, it is worthwhile to obtain permission in advance for transportation at the traffic police. In many cases, the paperwork process is quick, does not cause difficulties, and the rules for filling out forms for obtaining permission can be found on the spot by visiting these authorities.