Fines for overloading in Ukraine

According to the current legislation of Ukraine, it is allowed to transport cargo by roads of general importance with a total weight of no more than 40 tons . In these 40 tons, we take into account the mass of the cargo and the mass of the vehicle (for example, a tractor with a trailer). The amount of fines for violation of weight standards is specified in Art. 60 ZU "On road transport" . Please note right away that these are administrative and economic stations , that is, the responsibility is not borne by the driver, but by the carrier (FOP or legal entity that provides transportation services). Now let's look at the fines themselves:

an excess of 5% - 10% - five hundred tax-free minimum incomes of citizens = UAH 8,500;
an excess of 10%-20% - one thousand tax-free minimum incomes of citizens = UAH 17,000;
an excess of more than 20% - two thousand tax-free minimum incomes of citizens = UAH 34,000 .

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In addition, Part 2 of Art. 1321 of the Civil Code provides for responsibility for evading or refusing to pass weight and dimensions control, as well as exceeding the established speed limits for vehicles, violating the requirements of road signs and roadway markings, the location of vehicles on the roadway, committing offenses in the area of weight and dimensions control — a fine of UAH 50,000 .

As mentioned above, the responsibility rests with the carrier. At the beginning, the entry into force of these rules caused indignation among carriers, because there may be, for example, cases when the consignor intentionally/unintentionally loaded the carrier's vehicle in violation of weight standards, but judicial practice and legislation notes that it is the carrier who is responsible for monitoring the correctness of the vehicle load . Thus, to avoid such situations, it is necessary to additionally check the weight in third-party organizations, the driver must be present at the loading.

In addition, the carrier can reduce the risk of unforeseen expenses by providing in the transportation contract that the customer compensates a part of the fine for violation of dimensions and weight norms, for example 50%. If the business relationship between the customer and the carrier allows, the customer can agree to such a contractual structure.

We will modulate the situation if, after all, the transport turned out to be overloaded at the weight control. There are two options for the course of events:

It is necessary to bring the weight parameters back to normal , reload the excess into another vehicle, or, as grain truck drivers sometimes do, dump the bulk cargo, with subsequent compensation to the consignee, and undergo weighing again.
Pay the fee for traveling with excess weight standards . The fee is calculated according to the formula: rate x equipped weight (transport + cargo) x distance in kilometers. So, for example, for transportation of 44 tons over a distance of 100 kilometers, you will have to pay 440 euros (0.1 x 44 x 100).

How will the fine be reported ? By registered letter sent by post. The letter will contain the resolution and details for paying the fine.

When should the fine be paid ? Within 10 days from the date of receipt of the notification of the fine. The proper user (carrier) can appeal the decision in court.

In any case, after receiving a notification of a fine, if there are doubts about its application, we advise you to contact a lawyer for an analysis of the case and the possibility of appealing it.

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Date of publication: 02.07.2024