Fines are blown to the wind – Newspaper Kommersant No. 219 (7420) dated 11/25/2022

The State Duma adopted in the first reading a bill softening the control of the movement of heavy trucks. Exceeding the standard size of the vehicle by only 1-5 cm, traffic cameras are regarded as a violation with a subsequent fine of 150 thousand rubles. Truck owners complain that they are being punished for awnings that blow in the wind. The software takes this for “oversized”. After the appeal of entrepreneurs, the deputies decided to introduce the so-called non-penalized threshold for dimensions – by analogy with the speed threshold.

The State Duma yesterday adopted in the first reading amendments to Art. 12.21.1 of the Code of Administrative Offenses concerning sanctions for violation of the rules for the movement of a large vehicle. Today, the permissible dimensions of a truck should not exceed 2.6 m in width and 4 m in height. Otherwise, you need to get a special permit. The Code of Administrative Offenses provides for a progressive scale of sanctions, depending on the level of exceeding the standards. The bill cancels a fine of 150 thousand rubles. in relation to the owner of the car, if its dimensions are exceeded by no more than 10 cm when fixing the violation by the camera.

The amendments, already supported by the government, were submitted to the State Duma by the New People faction in September. The deputies say that most of the fines from cameras are sent for exceeding the dimensions by only 1–5 cm. The camera software recognizes this as a violation. In September 2021, Kommersant told Kommersant, the carriers of the Chelyabinsk region faced this problem en masse, and one of the drivers received a fine of 150 thousand rubles. for exceeding the width of the machine by 3 mm.

In the explanatory note, the deputies also refer to the decision of the Constitutional Court. In 2019, the Constitutional Court recognized that the said sanctions are excessive, stating that the punishment must take into account the “reasons and conditions” for the commission of the violation, “guaranteeing the adequacy of the consequences generated for the person.” Deputy Alexander Demin, speaking yesterday in the State Duma, spoke about a large number of complaints from entrepreneurs in connection with the current norm and called for the elimination of “injustice” by amendments by introducing the so-called non-penalized threshold – by analogy with the absence of a fine for speeding by 10–20 km / h.

The installation of automated weight and dimension control points (APVGK) is provided for by the Safe High-Quality Roads national project (36.6 billion rubles have been allocated for this). In particular, 338 points are already operating on regional and local roads, by the end of the year there will already be 388, by 2030 – 598. All fines that are issued using sensors will be administered by Rostransnadzor (now the traffic police) from January 1, 2023.

The president of the Gruzavtotrans association, Vladimir Matyagin, supported the amendments to the Code of Administrative Offenses, noting that it is necessary to strengthen control over the installation and operation of APVGK. Often, the complexes are located at the exit from the forest belt, where a strong wind forms. This is where the owners of tilt trucks receive fines, said Mr. Matyagin. According to him, the adhering snow can be perceived by the system as an advantage. Vladimir Matyagin drew attention to the fact that weight sensors are designed for installation under asphalt of a certain thickness, and when a rut is formed, the readings are distorted. Abroad, APVGK measurements are only a reason for stopping and checking, but are not used for automatic fines, he stressed.

United Russia Sergey Ten noticed yesterday that problems arise not only when using automatic systems. It is more profitable for a heavy truck driver who is carrying oversized cargo to ignore the request of the inspector of Rostransnadzor to stop and pay a fine of 800 rubles for this. under Art. 12.5 of the Code of Administrative Offenses than to be liable under Art. 12.21.1 of the Code of Administrative Offenses (sanctions for a driver reach 10 thousand rubles, for a legal entity – 500 thousand rubles). Mr. Ten proposed to “work through” this issue for the second reading.

The bill adopted yesterday will be finalized for the second reading within a month.

Ivan Buranov