Litigation disputes overload

One of the clients of “Yurkon” LLC - a large manufacturing company that delivers its goods by full load by road, faced fines for the odds (part 10 of article 12.21.1 of the Administrative Offenses Code of the Russian Federation (hereinafter referred to as the Administrative Code of the Russian Federation). The legislation (FL of 08.11.2007 N 257-FL "On highways and road activities in the Russian Federation", FL of 08.11.2007 N 259-FL "Charter of motor transport and urban electric ground transport" since July 2015 provides for a duty and the shipper (or rather, the person carrying out the loading of the goods) to check the load on the axles of the vehicle and not to exceed the permissible norms.


A number of companies to ensure compliance with these requirements of the law, installed axial scales and began to produce control of axial loads. But faced with the refusal of the traffic police and the courts to take into account data from their own axes of the organizations. in the presence of acts contradicting them from the posit scales of the traffic police. Despite the presence of evidence of compliance by enterprises with permissible axial loads when loading a vehicle, they were brought to justice. The fine ranged from 250,000 to 400,000 rubles.
"Yurkon" LLC managed to defend the interests of one of these enterprises, proving to the Supreme Court of the Republic of Tatarstan that the act from the axes of the enterprise should be taken into account when investigating the traffic police and when considering the complaint by the courts for the following reasons.

  1. The company has taken all possible measures to comply with the rules and regulations for the violation of which administrative liability is provided. It carried out a parallel control on the scales when leaving a laden car from the territory of the enterprise. All permissible axial loads were observed.
  2. In the presence of conflicting data, the administrative body did not find out which of the weights, the results of weighing which are in the case (the scales of the enterprise and the scales of the traffic police), give incorrect results. 
  3. There was no other reliable evidence that the vehicle exceeded the established axle load limits, and confirming that the company was guilty of an administrative offense under Part.10 of Article 12.21.1 of the Administrative Code of the Russian Federation, was not available in the case file.
     

Please accept our cookies to get the best experience of our website. There are some features that may not work without cookies. To find out more about the cookies we use, visit our cookie information page.