How to avoid punishment for transportation of bulky goods? Drivers of trucks know
about administrative responsibility for an overload and control of vehicles with excess of the allowed dimensional parameters. And if with an overload question everything is clear, then lack of sufficient regulatory base on involvement of drivers for control of vehicles with violation of overall dimensions demands the detailed analysis.
We will consider the matter on a concrete example. The driver of the truck with the trailer was stopped for carrying out measurements of dimensions of the trailer on height. It was as a result established that height of the trailer is higher than the established norms on 12 centimeters. The driver is involved under article 12. 21. 1 Code of the Russian Federation on Administrative Offences.
Article 12. 21. 1. Violation of the rules of transportation of large-size and heavy freights
1. Transportation of large-size and heavy freights without special permission and the special admission in case obtaining such admission is obligatory, and it is equal with a deviation from the movement route specified in special permission - attracts imposing of an administrative penalty on the driver at the rate from two thousand to two thousand five hundred rubles or deprivation of the right of control of vehicles for a period of four about six months; on the officials responsible for transportation, - from fifteen thousand to twenty thousand rubles; on legal entities - from four hundred thousand to five hundred thousand rubles.
2. Transportation of large-size freights with excess of the dimensions specified in special permission, more than 10 centimeters - attracts imposing of an administrative penalty on the driver in the amount of one thousand five hundred to two thousand rubles or deprivation of the right of control of vehicles for a period of two about four months; on the officials responsible for transportation, - from ten thousand to fifteen thousand rubles; on legal entities - from two hundred fifty thousand to four hundred thousand rubles.
From the very beginning of studying of article and its parts we come to one of the excluding aspects which are not granting the rights of involvement of the driver of the vehicle: the driver did not transport large-size freights, it was talked only of the trailer which height exceeded the resolved norms on 10 centimeters, the same, by the way, can concern also the vehicle.
But if this case can be considered as an exception, then we will show consideration for transportation of bulky goods more, in transit freights with violation of dimensional parameters of the requirement of article will be reasonable.
The first question - how took measurement of dimensional parameters on height?
When carrying out any control measurements it is necessary to be guided corresponding standardly - legal acts. It is necessary to consider the principle of unity of measurements. Legislatively in the Russian Federation the order of determination of dimensional parameters / characteristics of vehicles is not established. So, all carried-out measurements have only informative character, but cannot be the basis for involvement of the citizen to administrative responsibility.
The center of metrology and certification provided the reply of traffic police in which it is specified that techniques, it is equal as state standard specifications, and also other documents by objective definition of dimensions of vehicles do not exist as vehicles have the mobile, changing and soft details. In relation to the semi-trailer, the trailer and the tractor it: the rubber wheels which are pumped up by air the pneumopillows sinking under weight of this or that freight etc. the same will concern also the tractor.
In addition, the horizontal platforms not imeetsyaspetsialno equipped on carrying out measurements that does not allow to draw any conclusions on objectivity of the carried-out measurements.
For implementation of the protection the car can be put on different platforms under a different corner. It will be established that, for example, if back wheels of the tractor are on a height, the forward part of the trailer will be raised, and practically in case of any installation it will turn out that the divergence in measurement will be essential and the threshold established by the legislator in 10 centimeters can be exceeded.
The main proof is that the car depending on the place of its placement when carrying out measurements of height substantially changes a dimension on one of edges of the trailer. At the same time at all not important what length the measuring instrument will be used. Evidential, based on laws of physics, it turns out that at change of a corner also height changes, and the considerable divergence on height depending on an arrangement of the tractor and the trailer will be anyway established.
Carrying out independent measurements, invite witnesses. Take pictures, attach in court as the proof the book with dimensional parameters of the car and the trailer. Thus, based on the aforesaid, the official authorized for consideration of such business is obliged to specify the actual circumstances important for the correct permission of business.
The second question - what is the proof on the case of an administrative offense in the case under consideration? At pronouncement of the resolution the judge is guided by the protocol on an administrative offense, accepting it as the proof.
Once again we will return to the principle of unity of measurements. According to the Code of the Russian Federation on Administrative Offences, in case of use of technical means for establishment of a being of an offense serial number of the device which exercises measurement or control is specified in the protocol. At the same time the device has to be appropriately confided.
Than measurement of dimensions is taken? As a rule, the usual telescopic ruler acquired in the nearest shop of household goods. The fact confirming checking of the telescopic ruler specified in the protocol in case papers will not be, as well as copies of the certificate on this subject. In the first case becomes unclear whether there correspond the data on the number of meters, centimeters, millimeters specified on a level, the possible error is not specified, and in the second case it is even impossible to establish the manufacturer of a ruler. When carrying out measurements the witnesses and witnesses capable to confirm the fact of implementation of metrological control (measurement) with use of this device were not attracted, however, inspectors rather often ignore this requirement.
In addition, any device used for measurement has to be approved and entered in the list or the register of devices for use by bodies of traffic police, as well as the certain officials who are responsible for traffic safety. You also will not find such list anywhere.
Do not give in on tricks of inspectors! Begin to carry out the protection already at a meeting with the careless inspector! Your legal literacy is an opportunity not to pay a bribe, not to pay a penalty and to avoid unreasonable deprivation of the driver`s license. Good luck on roads!