In Ukraine, the Court of Appeal did not support a carrier that violated the weight and size standards. And now the latter will have to pay a substantial fine.
Source. This was reported by the press service of the State Service of Ukraine for Transport Safety (Ukrtransbezpeka) on its Facebook page.
The Fifth Administrative Court of Appeal overturned the decision of the Malynovskyi District Court of Odesa in case No. 521/15888/22 and issued a new decision in favor of Ukrtransbezpeka. The carrier will now have to pay a double fine of UAH 500,000 to cover the costs of the State Enforcement Service, court fees, and lawyers.
The violator of dimensional and weight standards asked the court to declare unlawful and cancel 14 decisions on administrative offenses in the field of road transport safety recorded in automatic mode.
The Court of Appeal noted that fines for administrative offenses under Part 2 of Article 132-1 of the Code of Administrative Offenses are compensatory – the violator caused damage to state roads, which should be compensated to the territorial communities where the administrative offense was recorded.
Among the conclusions of the Court of Appeal:
- road users are obliged to know and strictly comply with the requirements of the Traffic Rules and other regulations on road safety, while paragraph 22.5 of the Traffic Rules provides for restrictions on both weight and overall parameters of vehicles;
- the carrier, taking into account the nature of the cargo, is obliged to choose a weight that does not exceed both the gross vehicle weight and the axle load;
- all appealed decisions contain the mandatory information provided for in Article 283 of the Code of Administrative Offenses and clause 17 of the Procedure for recording administrative offenses in the field of road transport safety in an automatic mode;
- Ukrtransbezpeka provided the relevant certificates confirming the serviceability of WIM devices;
- exceeding the size and weight parameters on the same day cannot be considered the same offense, since the violations were committed on different sections of roads, at different times during each separate weighing the excess of the total weight had different indicators.
Background. As a reminder, Europe plans to create a nationwide network of charging stations for electric trucks.