From September 1, drivers began to be punished for registrars and tires
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On September 1, 2023, a government decree came into force in Russia, changing the list of vehicle malfunctions, in the presence of which its operation is prohibited. In particular, the section regarding the placement of additional devices on the windshield is being changed, as well as a fine for out-of-season tires.
The registrar was given his seat
The new government regulation specifies for the first time the elements that can be installed on the windshield. These are the interior mirror, windshield wipers, and factory-installed antennas and heated windshields.
From now on, a fine of 500 rubles will be imposed for violation. As you can see, the list does not include video recorders, as well as attachment points for navigators and phones.
This does not mean that their use is prohibited, but it is important how exactly such devices, such as video recorders, are placed on the windshield, notes lawyer Areg Hovhannisyan.
«Usually, drivers install the DVR in the center of the windshield, so that it is more convenient to connect it to the charger. However, such a harmless action can result in an administrative fine for the car owner», — the lawyer warns.
According to him, in the Technical Regulations of the Customs Union there is a designation of the front visibility characteristics. The pattern is shown below.
Photo: Technical Regulations of the Customs Union “On the safety of wheeled vehicles” (TR CU 018/2011)
From this it follows that the DVR cannot be mounted in zones «A», «B» and within the plane «P». The best solution would be to install the recorder in the upper right or left corner. There it will not obstruct the driver's view, Oganesyan assures.
«If the traffic police inspector finds that the registrar really interferes with the driver’s view, you may be held administratively liable. Punishment for such a violation is provided for in Part 1 of Art. 12.5 of the Code of Administrative Offenses of the Russian Federation in the form of a warning or an administrative fine in the amount of 500 rubles. The main problem is that such a violation is most often subjective. After all, each driver has his own physical characteristics, seat settings and, accordingly, the viewing angle», — the lawyer expresses his concerns.
At the same time, Oganesyan emphasizes that according to Art. 12.5 of the Code of Administrative Offenses, in general, there are frequent cases of appealing against offenses due to their insignificance.
Photo: Shutterstock
Which tires can't be used now
Although the new tire regulations will take effect on September 1st, there will be no actual changes for the next three months. The fact is that in autumn and spring, the seasonality of tires is not regulated in any way, and only from December 1 to March 1, drivers will be required to use winter tires. It can be both studded and non-studded tires.
In turn, from next summer, that is, from June 1 to September 1, it is prohibited to use winter tires, but not all, but only studded ones. In addition to the deterioration of the grip properties of such rubber in the warm season, it causes unnecessary wear of the road surface.
The ban existed before, it is spelled out in the Technical Regulations of the Customs Union and applies to cars and trucks with a gross weight of up to 3.5 tons — that is, cars that can be driven with a driving license category «B».
However, no punishment has been provided for violation of the regulations so far. The traffic police officer could only draw the driver's attention to the out-of-season tires. The new resolution brings the rules of the road in line with the technical regulations. Now the traffic police officer who stopped the violator will issue a fine of 500 rubles. under Art. 12.5 of the Code of Administrative Offenses, and such fines will be issued at each meeting with traffic inspectors until the violation is eliminated, that is, until the tires are changed to those suitable for the season.
Photo: Sergey Petrov/news.ru/Global Look Press
Which tires can be used in winter
The government decree states that winter tires can be either studded or studless. In the second case, the resolution does not give an exact definition of winter tires, however, lawyers are sure that conflict situations on the roads are unlikely in this case.
According to the leading lawyer of the European Legal Service, Orest Matsala, tires are marked by manufacturers indicating their type, characteristics and purpose.
«By careful examination of the side surface of the rubber, you can notice various markings», — says the lawyer.
Member of the Russian Bar Association Maria Safonova agrees with him.
«For winter tires, the pictograms «Snowflake», «Snowflake + mountain» are used, the inscription Winter is also applied. All-season tires are signed as All Season, All Weather, AS, 4S. For operation in regions with a northern climate, all-weather tires are designated as R + W or Road + Winter, for all weather conditions — apply the letters AW or Any Weather», — explains Safonova.
Matzala notes that there is even a designation of the types of studs on the sidewalls of the tires. In addition, you can visually determine the type of rubber by the tread depth and the number of sipes, although it is the marking — the main proof of whether the tires are winter or not, adds Safonova. According to Matsala, a situation in which a dispute arises between a driver and a traffic inspector over the type of tires looks extremely unlikely.
Photo: Marcus Brandt/DPA/Global Look Press
Which tires are forbidden to drive in summer
For the summer period, the rules are written, at first glance, more clearly: it is forbidden to operate cars on tires with spikes. This will automatically legalize any non-studded winter tires, all-season tires and, of course, summer tires.
The only point of contention may be the use of studded tires, in which the studs themselves were removed by the owner.
Lawyers differ a little here.
«Riding on winter tires with self-removed spikes in the summer is possible, but not necessary. First of all, this is the safety of motorists, there is no reliability in such rubber», — considers Safonov.
Matsala is convinced that the traffic inspector will not count the number of spikes on each of the wheels, but will focus precisely on the markings on the sidewall of the tires. If it says it's studded, he'll file an administrative offense even if there aren't any studs left in the tire.
«I am convinced that clarifications will arrive in time at the level of the plenum of the Supreme Court of the Russian Federation, in which the absence of spikes as such will not become an obstacle to making a decision. If there are spikes on the rubber from the manufacturer and it is on the car in the summer, then a fine will follow, regardless of whether there are spikes or not», — says Matsala.
Photo: Shutterstock
Does the driver face anything other than a fine
In the case of a DVR, the controversial issue can be resolved on the spot by simply removing the device from the windshield. However, this will not free you from a fine, but there will be no reasons for a ban on further operation of the car.
With tires, everything is somewhat more complicated, «changing shoes» physically impossible.
A government regulation prohibits the operation of a car with tires that are out of season. However, this does not mean an immediate ban on the movement of the car and does not entail sending the car to the impound lot, the lawyers explain.
«According to the law, an employee of the State traffic inspectorate must issue a decision on a fine and issue a demand to stop illegal behavior, which in theory could mean stopping the car before changing tires. However, at the place of registration of the request, the traffic police officer should be reminded that in accordance with clause 2.3.1 of the SDA — if the malfunction is not related to the brake system or steering, then it is allowed to move to the place of troubleshooting», — says Matsala.
Thus, the driver undertakes to independently go by car to the tire shop in order to change the tires for the season. The traffic police will not control his route, Safonova is sure.
Photo: Shutterstock
«It should be remembered that the next traffic police crew can again be fined for violating traffic rules under Art. 12.5.1. Therefore, the decision on whether to go whether to a tire shop right away or to postpone «changing shoes» for tomorrow, it remains on the conscience of the motorist», — says the lawyer.
What other tires are prohibited
Introduction of mandatory tire change according to the season is a new requirement, but the government decree also mentions other requirements for car tires that existed before.
First, the tires must be sized and type as recommended by the vehicle manufacturer. Exceptions are possible, for example, for prepared off-road vehicles, but in this case, a complex procedure must be completed to formalize changes to the design, and the changes themselves must be entered into the vehicle's documents.
Secondly, it is still forbidden to operate machines with different tires on the same axle.
There are requirements for the condition of the rubber itself. Thus, the maximum wear is characterized by the tread depth and varies depending on the type of tire — for example, for off-road tires marked M + S, the depth should be at least 4 mm.
Tires must not show visible external damage, and retreading is allowed only once.
Photo: Oliver Ring/imagebroker.com/Global Look Press
Finally, the rules also require rims to be free of cracks or traces of their repair by welding. Be sure to have all the wheel bolts and nuts without exception.
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