Are there any fines for the summer. Can you drive with summer tires in winter? Penalties for misuse of rubber

ride on winter tires prohibited during the summer. And we are talking about the summer months: June, July and August. But there are nuances when you can run into a fine for this, and in what cases it can be avoided without losing an increased risk of getting into an accident due to a seasonal mismatch. And now let's talk about exactly what laws regulate the seasonality of using winter and summer tires and what penalties are provided for tires that do not correspond to the season.

What do the traffic rules say?

By a direct answer to our main question, absolutely nothing useful is said. Traffic rules regulate the condition of tires and wheels, as well as the combination of their use on different axles.

But is it possible to drive on winter tires in summer, as well as the possibility of using summer tires in winter, regulates Technical regulation Customs Union " About the safety of wheeled vehicles". It is he who prohibits the use of tires in the summer months marked as winter, but only studded.

5.5. Operation is prohibited Vehicle, equipped with tires with anti-skid spikes, in the summer (June, July, August).
....
The terms of the prohibition of operation can be changed upwards by the regional government bodies of the states - members of the Customs Union.

Thus, you can drive in summer on winter tires if they are not studded, but studded tires are prohibited.

What about my region?

As can be seen from the quote above, each region can change the timing of the ban on the use of winter tires in the summer. You can find this out on the websites of the administrations of your regions or on the website of the government of the subject. But at the moment, not a single region has changed these dates, despite the difference in climates in our large country.

What is the penalty?

And here is the good news! Despite the direct ban on driving with winter tires in summer time, there is no punishment for this for 2020: no fine, no prohibition of operation, no other sanctions from the Administrative Code.

If a traffic police officer is trying to "divorce" you, demand that you indicate a specific article of the Code of Administrative Offenses. In any case, it is indicated in the resolution and protocol - this obligation is regulated by the Administrative Code. And in the Code of Administrative Offenses there is an article - 12.5, part 1, which provides for a fine of 500 rubles for driving under conditions under which such driving is prohibited.

That's just this article has a direct reference to traffic rules, and in the latter there is no prohibition. We have already mentioned above that such a ban is contained in the Technical Regulations.

What can be fined?

But there are other requirements for rubber - specifically, even for winter tires, because at the moment you are using it. We described in detail how winter and summer tires formally differ in another article about summer tires in winter. In short, this is the marking of a snowflake in a mountain with three peaks, or the value "M + S", "M & S", "M S".

This is how it looks like:

That is, even if the tires are even studded, but there is no indicated marking, then formally you do not violate anything.

So, all the requirements for winter tires, for which a fine can be issued, are regulated by the SDA, specifically, section 5 of the Main Malfunctions (Appendix to the SDA). Let's list them:

tread depth of at least 4 mm (and it does not matter that you use winter tires in summer, less residual depth prohibited specifically for those marked as winter tires); but the requirement is relevant only if there are no wear indicators on the tires. If yes, then according to these indicators;
The tires have damage like:
1. cuts, delaminations, breaks, if the cord is visible (it does not matter if the cord threads are torn or not),
2. exfoliation of the tread from the "bochin";
if the tires do not match the speed or load index of the car;
on the same axle (front or rear) there are different tires, except for new and used ones (if it is not retreaded rubber);
studded tires installed at the same time as non-studded.

If you do not comply with the above requirements, then a fine of 500 rubles becomes lawful.

If spikes flew out on studded tires

Let's consider a slightly more complicated situation - when the car has winter tires, but without the remaining spikes - is it possible to drive such a car? Yes. According to the letter of the quote from the Technical Regulations, the ban is about " equipped with studded tires"by car, and without spikes, it does not cease to be so.

The same applies to Velcro - winter tires, a priori not equipped with spikes.

But if the spikes remain, then another requirement with a fine awaits you. About him below.

About the sign "Spikes"

There will be no fine for the very fact of using winter tires in summer, although you can’t drive like that. We found this out above. But there is one more duty when it comes to studded tires. And this obligation lies in the fact that the car must be installed (glued, stuck on a magnet, etc.) the sign "Spikes".

According to the traffic rules in force for 2020, the "Ш" sign is mandatory for all cars on which such rubber is installed. And not a word about the fact that the obligation appears only in the winter.

About what are the requirements for this sign, whether they can be "guilty" in an accident if it is absent, and you can also download the current sticker for today on our website.

In 2016 Russian Government continues to consider the issue of introducing into Article 12.2 of the Code of Administrative Offenses Russian Federation several amendments, according to which drivers who will drive summer tires winter, will be held administratively liable and obliged to pay a fine. What penalties are provided for driving on inappropriate tires for the season, read the article.

Article 12.2 of the Code of Administrative Offenses;

It indicates the maximum permissible tire tread for operation. So, the tread depth of winter tires should be at least four millimeters, and the depth of summer tires should be at least one and a half millimeters. If the driver drives on rubber, the thickness of which is less than permissible, he is provided penalty in the amount of five hundred rubles.

Law on Safety of Wheeled Vehicles;

It states that in winter (approximately from mid-November to March) drivers must use winter tires, and in summer (from mid-May to August) summer tires must be used. However, no mention is made of what fine the driver will have to pay for winter tires in summer (or summer tires in winter).

At the moment, the above Laws are the only legal basis that traffic police officers use (not always legally) to “catch” road violators on off-season tires.

Penalty for using summer tires

Article 12.2 of the Code of Administrative Offenses does not say that the use of summer tires in winter weather can result in a fine.

However, the Law on the Safety of Wheeled Vehicles indicates the periods of the year when the use of summer tires is legal:

During the summer period from June to August, drivers must drive only on summer tires;

In addition, in the summer it is allowed to use winter tires without studs (which is generally considered universal).

Summer tires can also be used from March to May and from September to November.

When is it customary to “change shoes” from winter tires to summer tires? After winter period(depending on the region) it is best to put on summer tires in mid-March. However, this does not apply to the regions of Russia in which periods of cold weather prevail (in the northern part of the country). Therefore, despite the recommended timing for changing tires, most drivers are guided "by the weather."

Can a driver get fined for using summer tires in winter? According to Article 12.2 of the Code of Administrative Offenses, no. Road inspectors have the right to warn the driver about possible negative consequences using unsuitable tires and recommend changing them. However, for the use of worn summer tires, the driver can receive a fine of five hundred rubles.

Penalty for using winter tires

Penalty for the use of winter tires in the summer for 2016 is also not yet provided.

The law "On the safety of wheeled vehicles" specifies the periods when the use of winter tires is legal. So:

In the period from December to February, drivers must drive on winter tires (studded or demi-season);

In addition, studded winter "shoes" can be used from September to November and from March to May.

Winter studless tires can be used all year round.

What penalties can be introduced?

At the moment, the Russian Government is considering introducing amendments to Article 12.2 of the Code of Administrative Offenses, according to which the driver will have to pay a fine of two to five thousand rubles for the use of tires out of season. However, these amendments have not yet been introduced.

In winter, the use of even the most quality tires in accordance with the season does not guarantee absolute safety and stability on the roads, but significantly reduces the likelihood of getting into an accident. To understand whether it is allowed to drive on summer tires in winter, it is enough to familiarize yourself with the legislation and find out how the properties of tires change when cold weather sets in.

Why you shouldn't drive with summer tires in winter

There are several reasons why summer tires are prohibited in winter, and their use in cold weather can lead to negative consequences:

At an average daily temperature below +5 degrees, summer tires harden significantly and become stiff, as a result of which the car loses its previous stability on the road. Different types tires are adapted to certain seasons, so in winter it is necessary to use tires with spikes or Velcro.
Rubber that is not intended for use in winter becomes stiff and wears out faster - microcracks appear on it. The tread pattern of such tires does not meet the standards, so braking on snow or ice cannot be called safe.

The main reason why driving in winter on summer tires is prohibited is the doubling of the braking distance.

Even experienced driver one day he may not calculate it and make an accident. In addition, the use summer tires in cold weather, it can lead to skidding and loss of control of the car, and getting out of it on such tires is extremely problematic.

Technical requirements for winter tires

For safe operation winter tires must meet the following criteria:

It should be marked in the form of the letters "M" or "S".
It is allowed to install tires without spikes - "Velcro". It is more suitable for driving on snowy roads. "Spikes" are more effective in icy conditions, but when driving on snow, the braking distance on them increases.
Winter tires should be installed from December to February, but regional authorities can independently change the installation date in accordance with weather conditions.

The tread depth is also taken into account - the traffic police inspector can measure it at the place of capture of the offender. In winter, it should be at least 4 mm, in summer - from 1.6 mm.

The amount of the fine for driving in winter on summer tires

In the summer of 2015, amendments were made to the Code of Administrative Offenses of the Russian Federation, according to which inspectors who discovered a violation of the requirements for the quality of rubber in winter must hold drivers accountable under Art. 12.5 of the Code.

If the driver follows to the service, and the violation was discovered for him for the first time, the traffic police officer can first take it out. If you re-capture you will have to pay in the amount of 500 rubles. The measure of punishment is chosen at the discretion of the inspector.

How the traffic police inspector measures the tread

To hold the driver accountable, the inspector must draw up a protocol on the spot, then draw up a resolution. The penalty is applied only after measuring the tread depth with a certified caliper or ruler.

If there are wear indicators on the rubber, their indicators are used.

If you disagree with the protocol, the driver can challenge it through the head of the traffic police or the court. If the decision was drawn up, it is contested, not the protocol.

The reason for the challenge may be the use of non-certified devices for measuring the tread depth, therefore, immediately on the spot, the driver has the right to demand certificates - their inspectors are required to provide, as well as service certificates. The absence of a certificate is the basis for recognizing the decision as illegal.

In contact with

Tire quality is important technical specifications vehicle, directly affecting traffic safety. Inability of summer tires to drive on winter roads affects the controllability of the vehicle and provokes the creation of emergencies. This factor determines the fine for summer tires in winter.

The use of summer tires in winter is one of the most controversial points in terms of fines. Many drivers are still not aware of whether there is a fine for summer tires that are used out of season. Traffic police officers have repeatedly warned car owners about a possible increase in the fine for the lack of winter tires, but the issue has not yet been resolved at the legislative level.

However, this situation does not mean that drivers can safely move on tires of any quality at any time of the year. The safety of riding on summer tires is questionable, even with good quality road services. The very first frosts invariably lead to an increase in the number of accidents on the roads, since even very careful driving on tires not intended for ice reduces the car's handling significantly.

There are no official concepts of "summer" and "winter" tires in the traffic rules. Perhaps it is this fact that makes drivers doubt whether there is a fine for driving on summer tires. However, there are several requirements for the quality of tires that regulate the depth of the tread and the presence of spikes on the tires depending on the season.

The main differences between tires designed by law for use in different temperature conditions, are as follows:

summer tire- made of rubber of greater rigidity, in order to prevent rapid wear when operating in contact with asphalt. However, rubber of increased rigidity when exposed to low temperatures becomes even harder, which negatively affects its grip on icy road surfaces. As a result, even on absolutely clean asphalt, summer tires are more likely to slip when braking. A puncture on a frozen summer tire can even cause it to burst.
winter tire- made of rubber, not prone to hardening under the influence of low temperatures. Tires of this quality retain elasticity in sub-zero temperatures. In addition, a specific pattern is applied to winter tires, thanks to which the anti-slip properties of rubber are significantly increased.

Important! Winter tires manufacturers often provide studs to provide extra grip on slippery road surfaces. In summer, spikes are dangerous both for traffic and for the road surface. Therefore, in the summer, the use of studded tires is prohibited.

Switching to winter tires

Specific deadlines for the transition to winter tires at the legislative level are established by Appendix 5 to the technical regulations of the customs union "On the safety of wheeled vehicles", which came into force in the Russian Federation on 01/01/2015. According to it, the use of studded tires is prohibited from June to August, summer tires are prohibited from December to February.

The terms of the ban on the use of summer and winter tires may be extended by local authorities. The law does not provide for a reduction in the terms established at the federal level.

Thus, the technical regulation establishes the following requirements for tire brands:

Summer(June-August, in some regions from May to September) - the use of studded tires is prohibited.
in winter(December-February, or from November to March) - it is allowed to use only studded or non-studded tires with M + S markings and a snowflake icon.

According to the technical regulations, a fine for the use of summer tires can be imposed from December 1 to February 28 (29) (if there are regional legislative acts from November 1 to March 30).

All-season tires and features of their use

An alternative to winter tires are all-season tires, the use of which is possible in summer and winter. Such tires are universal and are chosen by those drivers who do not want to constantly “change shoes” for a car when the seasons change.

All-season tires have a number of pros and cons:

The advantage of their reduced noise compared to studded tires and a fairly low cost.
The disadvantage of all-season tires is quick wear, insufficient grip with the road with an aggressive driving style, inability to move during snow drifts.

All-season tires are not suitable for regions where winter temperatures are kept in the range of minus 20 degrees and below. This property is connected with the fact that such rubber is produced in countries with a mild climate, and is not suitable for use in the harsh Russian climate. In the bitter cold all season tires"dubeet", and traction deteriorates. In such conditions, the durability of rubber is reduced, and it has to be replaced more often.

But in the context of the issue considered in this article, the installation all season tires– Solving problems with fines for using summer tires. The use of all-season tires is allowed by law at any time of the year, so car owners who use them may not be afraid of a fine. Despite the fact that the above technical regulations do not contain the concept of "all-weather" tires, the presence of the "MS" marking on such tires makes it possible to use them at any time of the year.

Penalties for misuse of rubber

In 2018, the issue of a fine for summer tires in winter has not been fully resolved at the legislative level. This is due to the fact that the Code of Administrative Offenses does not contain references to paragraphs of the technical regulation prohibiting the operation of tires out of season. However, in practice, drivers are regularly fined for driving on "bald" tires and for using tires without winter marking during the period from December to February.

The amount of the fine for this offense is 500 rubles. Inspectors impose this penalty for the use of summer tires on an icy or snowy road.

Reference! Inconsistencies in the legislation can be resolved in the very near future. Bills that increase the amount of the fine for tires that do not comply with the technical regulations have been repeatedly submitted to the State Duma. It is supposed to raise fines to 2-5 thousand rubles.

Driving on summer tires in the winter season is not only the risk of getting a fine, but also the danger of creating accidents. Compliance with the recommendations for the use of tires for the season ensures traffic safety, therefore, with the onset of frost, it is still better to “change shoes” for your car than to risk your own life and health.

In the video, the expert reveals the concept of winter and summer tires in the light of legislation:

In 2016, the Russian Government continues to consider the issue of introducing several amendments to Article 12.2 of the Code of Administrative Offenses of the Russian Federation, according to which drivers who will drive on summer tires in winter will be held administratively liable and obliged to pay a fine. What penalties are provided, read the article.

Article 12.2 of the Code of Administrative Offenses;

It indicates the maximum permissible tire tread for operation. So, the tread depth of winter tires should be at least four millimeters, and the depth of summer tires should be at least one and a half millimeters. In the event that the driver drives on rubber, the thickness of which is less than permissible, he is provided with a fine in the amount of five hundred rubles.

Law on Safety of Wheeled Vehicles;

At the moment, the above Laws are the only legal basis that traffic police officers use (not always legally) to “catch” road violators on off-season tires.

Penalty for using summer tires

Article 12.2 of the Code of Administrative Offenses does not say that the use of summer tires in winter weather can result in a fine.

However, the Law on the Safety of Wheeled Vehicles indicates the periods of the year when the use of summer tires is legal:

During the summer period from June to August, drivers must drive only on summer tires;

In addition, in the summer it is allowed to use winter tires without studs (which is generally considered universal).

Summer tires can also be used from March to May and from September to November.

When is it customary to “change shoes” from winter tires to summer tires? After the winter period (depending on the region), it is best to put on summer tires in mid-March. However, this does not apply to the regions of Russia in which periods of cold weather prevail (in the northern part of the country). Therefore, despite the recommended timing for changing tires, most drivers are guided "by the weather."

Can a driver get fined for using summer tires in winter? According to Article 12.2 of the Code of Administrative Offenses, no. Road inspectors have the right to warn the driver about the possible negative consequences of using unsuitable tires and recommend changing it. However, for the use of worn summer tires, the driver can receive a fine of five hundred rubles.

Penalty for using winter tires

Penalty for the use of winter tires in the summer for 2016 is also not yet provided.

The law "On the safety of wheeled vehicles" specifies the periods when the use of winter tires is legal. So:

In the period from December to February, drivers must drive on winter tires (studded or demi-season);

In addition, studded winter "shoes" can be used from September to November and from March to May.

Winter studless tires can be used all year round.