Where These Sums Come From
Article 12.21.1 of the Administrative Offences Code sets out fines for violations of the rules on transporting heavy and oversized cargo. Penalties depend on the degree of excess:
- more than 10%: up to 150,000 rubles for organisations,
- more than 20%: up to 250,000 rubles,
- more than 50%: up to 400,000–500,000 rubles.
For repeated violations or significant excess, amounts can reach 500,000 rubles and above.
In addition to the fine, the company may be presented with a demand for compensation for road damage — a separate sum calculated using a dedicated Ministry of Transport formula.
Three Lines of Defence
Line 1. Violations in the weighing procedure.
Weighing must be carried out using calibrated scales. Calibration (поверка) is the procedure confirming the accuracy of the measuring equipment. The calibration certificate is valid for a limited period (typically one year).
If the calibration certificate had expired at the time of weighing, the measurement results cannot be accepted as evidence. Courts have repeatedly accepted this argument.
Line 2. Violations in drawing up the protocol.
An administrative offence protocol must contain precise information on:
- the place, date, and time of the offence,
- the vehicle’s particulars,
- the details of the driver and company representative,
- the specific excess weight figures for each axle.
Errors in the protocol, incorrect axle identification, or the absence of measurement instrument data are grounds for the protocol to be treated as inadmissible evidence.
Line 3. Axle load vs. total weight.
Overloading claims may relate to total weight or axle load. If there is no excess on total weight and the claim concerns only axle load, a reduced penalty rate applies.
Procedural Deadlines
The deadline for appealing an administrative offence resolution is 10 days from the date of service (or receipt by post). A missed deadline can only be restored if there were valid grounds.
The limitation period for such cases is 3 months from the date of the offence. If the traffic police or Rostransnadzor missed this deadline — the case is subject to termination.
Read Also
- A Government Body Sent a Non-Answer: How to Force Officials to Give a Real Response
- Challenging Procurement Results: How to File a Complaint with the FAS
Received a heavy fine for overloading at a weigh station? Contact us for a consultation — we will assess the grounds for the fine, evaluate the prospects for challenge, and prepare the appeal.