But why you need to change the “shoes” of your car in the summer is not clear to everyone. What difference does it seem to make - what to drive in the summer? Well, if the studs fly out of the tire, that’s the driver’s problem—you’ll have to buy a new one for the season. However, no, you can’t drive on non-seasonal wheels in the summer either.
What are the dangers of wearing shoes out of season?
The fact that in winter a car on winter tires becomes uncontrollable is understandable; this is due to the small tread depth and the hardness of the rubber. A winter tire is softer in composition, so when driving on it in summer the following are possible:
- longer braking distance, due precisely to the fact that rubber melts more strongly when rubbing against heated asphalt;
- poor grip on asphalt and, as a result, poor handling;
- strong heating of rubber, and not only in hot weather;
- rapid wear - literally a few trips, and the tires will have to be changed.
Experienced drivers say that winter wheels behave worse in summer in the rain than in winter, and on ice - like on skates.
Considering the danger of out-of-season use of winter tires, back in 2013, attempts were made in Russia to introduce into legislation penalties for operating out-of-season “shoes” of a car. However, until 2015 there were no penalties for this.
Legal norms
In 2014, the Customs Union approved regulations penalizing the movement of “vehicles equipped with tires with anti-skid studs” and stipulating the period of the year when driving “on studs” is prohibited – from June to August.
In winter, on the contrary, it is possible to drive only on winter tires; the Technical Regulations oblige this to be done from December to February. There is not a word in the document about the off-season. But in our vast Russia, in some regions, winter lasts almost nine months a year. So what should the driver do then? By law, he must replace the “shoes”; due to the condition of the road, this is dangerous.
In such cases, regional and local authorities are given the right to increase (but not reduce!) the service life of winter wheels and, accordingly, the period of their limitation. That is, the authorities can ban the use of “spikes” from May to September, but not from June to August.
There are reservations in the regulations regarding which tires are considered winter. It must be marked:
- "M+S";
- "M&S";
- "M S";
- with a pattern in the form of a snowflake.
The presence or absence of studs is not regulated - there are winter versions of non-studded tires, and they are allowed to be installed on a car.
Everything is clear with this - in addition to what is established by the Technical Regulations, it is necessary to take into account regional requirements and, of course, weather conditions. You should not “change your shoes” in March if snowfalls are possible in your region until the end of April. Driving like this won't do you any good.
But what about “all-season” tires, those tires that are designed for year-round use? If it has the above markings, it is suitable for use in the winter months; if not, it cannot be used.
What are you ready to punish for?
And yet, for what and to what extent can a driver be punished? When amendments to the law on penalties for driving on off-season tires were just being developed, it was estimated at 2,000 rubles, but this amount was not approved, and now the fine is 500 rubles, and the wording will be as follows - for operating a vehicle that does not meet technical requirements.
In the Traffic Rules and the favorite legislative document of the traffic police - the Code of Administrative Offenses - there is no direct article about the need to change tires from summer to winter or a ban on the summer use of studded tires. But the Technical Regulations of the Customs Union are a document establishing the norms of international law, and they cannot be ignored. Along with Russian laws, it is mandatory for implementation on the territory of our country.
Currently, the Code of Administrative Offenses does not contain references to the Technical Regulations, therefore, a driver cannot be punished for not having winter tires. So far there is only a draft of these changes to the law. But there is a penalty for worn-out winter tires, since there are legally established standards:
- The tread height of summer tires is not less than 1.6 mm;
- winter tread height (minimum, in the most worn place) - no less than 4 mm.
Not all drivers have time to change the shoes of their iron horses, thereby creating an emergency situation on the road. That is why the question of how to introduce a fine for out-of-season tires is being considered. All car owners should understand that driving in summer on winter wheels and vice versa in winter on summer wheels poses a serious danger.
Let us consider in detail when people are fined for wearing winter tires, the dangers of driving on wheels out of season, and the basics of the new law on tires.
A summer tire in winter does not allow the driver to confidently drive the car. It's all about the small tread depth and the hardness of the rubber.
Such unpleasant consequences can occur if you do not change your shoes in time for the summer season:
- poor car handling due to poor grip on the road surface. This leads to traffic violations.
- overheating of rubber in summer, formation of hernias and inflammations during movement;
- increased wear of tire treads - a couple of trips are enough for the tires to no longer be useful in any season. Winter tires are soft and wear out quickly on asphalt in summer.
All these factors can cause accidents on the road.
Winter tire law
The Law on Winter Tires is nothing more than the Technical Regulations of the Customs Union. Paragraph 5.5 of Appendix 8 states that it is prohibited to drive on winter tires in the summer and vice versa. Wheels must meet the requirements of subclause 5.6.3. The winter period is considered to be the months from December to February inclusive. Summer period - from June to August. Each region can independently set these deadlines, because climatic conditions are different throughout the country.
Note: tires appropriate for the season must be on two axles of the vehicle, and not on one. Failure to comply with this requirement will be regarded as non-compliance of transport with technical regulations.
Paragraph 5.6.3 contains information that tires with a residual tread depth of no more than 4 mm are unsuitable for use in winter. Provided that the M&S marking and the sign “rock with three peaks, a snowflake inside” are present.
The Code of Administrative Offenses does not have clauses that would allow drivers to be fined for driving a vehicle with tires that are out of season.
Some deputies are only planning to introduce punishment for drivers who do not have time to change tires on time, according to the season. The initiators want to supplement Article 12.5 of the Code with the following content: introduce fines for drivers from traffic police inspectors for driving vehicles that violate the requirements for the operation of wheels. The penalty is 2 thousand rubles.
The amendments were never adopted, so there is no such fine for driving in the summer on winter tires.
How can a traffic police inspector punish a driver for not changing tires on time?
A traffic police inspector for the absence of summer tires from June to August and for the absence of winter tires from December to February may impose a fine of 500 rubles for the following violations:
- tread depth less than 0.4 cm;
- if you do not find a sticker “Ш” in a triangle on the rear window, provided that the vehicle is fitted with tires with spikes;
- cut and/or tear to the cord;
- different wheels (winter/summer or Velcro) on the same axle and/or lack of fastenings.
Driving on studded tires in the off-season and summer
Driving on studded or summer wheels in the off-season does not constitute any violation on the part of the driver. However, it is advisable to take into account weather changes and change your shoes so that it is safe to drive on the roads.
Winter tires are considered softer and will wear out quickly at above-zero temperatures. Therefore, when steady warming sets in without morning frosts, it is better to immediately switch to summer tires. At low temperatures, winter tires harden slightly. It should be taken into account that such wheels are sometimes equipped with metal spikes. Such inserts provide better control and braking of the car on roads with ice and snow, but on asphalt they spoil the road surface.
A driver who uses studded tires in summer can be fined 500 rubles. The reason is non-compliance with CU standards.
This law does not apply to regions of the country where there is frozen ground and a cold climate most of the year. In these areas it is legal to drive on winter tires not only in winter, but also in other months of the year. At the same time, for these regions the rule of the mandatory presence of the “Ш” sign on the rear window is not excluded.
Conclusion
Fines for vehicles that are not changed on time are not that high. At the same time, every driver must understand all the responsibility that falls on his shoulders. After all, on the roads we are talking not only about our own safety, but also about the safety of life and health of passengers and other road users.
No. There is no traffic police fine for driving on summer tires from December 1st of winter 2017-2018! The confusion arose due to the new norms of the Technical Regulations of the EAEU Customs Union “On the safety of wheeled vehicles”, which do not directly affect the lives of motorists.
In 2017, the Administrative Code, based on the articles of which Russian drivers are fined, does not contain clauses related to the mandatory “change of shoes” of car tires in winter or summer. There are no legal fines for “not changing shoes” in the Russian Federation!
The information department of the website service has collected all available information on the topic of fines for summer tires from December 1 in the winter of 2017-2018.
In 2017, the law does not prohibit driving in winter on summer tires with a tread depth of more than 4 mm.
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What is the Technical Regulation and why is it needed?
The confusion over the fine for summer tires in winter (from December to February) arose due to clause 5.5 of the Technical Regulations of the so-called EAEU Customs Union.
The Technical Regulations of the Customs Union are an attempt by three friendly, economically connected states of Russia, Belarus and Kazakhstan to develop common safety standards for the production and use of essential products.
Conventionally, the Technical Regulations of the Customs Union can be equated to the Soviet GOST. The idea is to introduce general rules of the game, bringing national standards, regulations and rules to a single modern and safe model.
Technical regulations of the Customs Union regulate about 50 areas, such as pyrotechnic products, packaging, children's toys, food, etc. The rules for operating vehicles should be regulated by the regulation “On the safety of wheeled vehicles” (TR CU 018/2011), which formally came into force effective January 1, 2015.
Among other things, the Technical Regulations of the Customs Union “On the Safety of Wheeled Vehicles” contain clause 5.5, which is referred to by journalists from many major automotive publications.
Clause 5.5 of the Technical Regulations of the Customs Union (came into force in 2015):
It is prohibited to operate vehicles equipped with tires with anti-skid studs in the summer (June, July, August).
It is prohibited to operate vehicles that are not equipped with winter tires that meet the requirements of paragraph 5.6.3 of this appendix during the winter period (December, January, February). Winter tires are installed on all wheels of the vehicle.
According to the regulations of the Customs Union, winter tires are considered to be both studded and non-studded rubber products that have the designation “M+S”, “M&S” and “M S” on the side surfaces or a design in the form of a mountain with three peaks and snowflakes inside it.
Why is there confusion with the fine for summer tires in winter?
Journalists assessed the strict wording of clause 5.5 of the Technical Regulations of the Customs Union as a ban on operating cars on summer tires in winter and on winter tires in summer. However, it is not!
A traffic police officer has the right to fine the driver or owner of a vehicle solely on the basis of a clause of the Code of Administrative Offenses. At the time of writing (December 2017), the Administrative Code does not have a clause providing for punishment for the “irremovability” of tire types depending on the season of operation.
Article 12.5 of the Code of Administrative Offenses of the Russian Federation, as well as the traffic rules together with annexes, do not contain any instructions on replacing types of tires in winter and summer. There is no penalty for summer tires.
Confusion occurred because some of the innovations from the technical regulations of the Customs Union in previous years were transferred to the Code of Administrative Offenses. But there are still no bans on summer tires in winter.
Can a traffic police officer fine you for summer tires in the winter of 2017-2018?
It is for “summer tires in winter” that a traffic police officer cannot fine a motorist without violating the law. As we found out, there is no such clause in the Code of Administrative Offenses; there is no corpus delicti in the actions of the motorist.
However, from some regions of Russia there are reports of fines issued under Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation. They are trying to accuse motorists operating vehicles in the winter of 2017 of “driving a vehicle with a malfunction for which the operation of the vehicle is prohibited.”
Police officers may either be poorly informed themselves or take advantage of the ignorance of motorists. Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, like the traffic rules together with all appendices, does not contain information about prohibitions on certain seasonality classes of tires.
The reader must understand correctly. There is no penalty for summer tires in winter and winter tires in summer. But no one has canceled other fines regarding wheels:
- Fine for tread depth less than 4 mm (RUB 500);
- Fine for not having a “spike” sign on the rear window of cars with studded tires (RUB 500);
- Fine for cuts and tears to the cord (500 rubles);
- Fine for missing wheel fastening elements (RUB 500);
- Fine for different wheel sizes on the same axle (RUB 500).
In the winter of 2017-2018, a fine for summer tires in winter is illegal and subject to appeal to the traffic police or court.
A traffic police inspector stopped me and wants to punish me for using summer tires, what should I do?
First you need to make sure that this is a real traffic police officer. Ask the person in the uniform to clearly state his last name, present documents, give the badge number and explain the reason and reason for the stop.
If misunderstandings between you grow, you can turn on the voice recorder on your smartphone or start recording video - the law allows this.
You should clarify the clause of the Code of Administrative Offenses that you violated and read it out together. If the traffic police officer persists, insist on drawing up a protocol rather than drawing up a resolution.
In the comments field, indicate “There was no violation of the article of the Administrative Code. The fine was issued for the type of tire not matching the season of the year.” Carefully read the signed papers, pay attention to the fact that traffic police officers fine you specifically for summer tires in winter. If next to the word “installed” there is no violation associated with the seasonality of the tires used, add this in the comments field. Indicate that you have a recording of the conversation with the traffic inspector.
NOTE: Subject to everything described above, the site team recommends changing tires from summer to winter at near-zero temperatures. Even the simplest and most worn winter tires significantly reduce braking distances on winter roads.
Are you for or against summer tires in winter? Write your opinion in the comments to the article.
Let us remind you that parliamentarians Vadim Tyulpanov, Konstantin Dobrynin, Sergey Ten and others proposed a ban on operating a car with tires that do not correspond to the season back in 2013. It was proposed to establish a fine of up to 2 thousand rubles for drivers of vehicles equipped with tires with anti-skid spikes in the summer (June, July, August) and those who continue to drive summer tires in the winter (from December to February).
It was explained that using studded tires in summer harms the road surface, and driving on summer tires in winter can lead to an accident. Later, another fine amount appeared - 10 thousand rubles. It was voiced by the head of the transport committee, Evgeny Moskvichev, who claims that the amount should be comparable to the cost of a set of tires for the fine to actually apply. What number will remain in the end has not yet been decided.
The government as a whole supported the bill, making only one bureaucratic comment.
The bill proposes to supplement Article 12.5 of the Code of the Russian Federation on Administrative Offenses with a new part 32, establishing administrative liability for driving a vehicle in violation of the requirements for the operation of tires and wheels.
The same bill establishes the powers of the relevant bodies that will consider cases of administrative offenses provided for in the draft part 32 of Article 12.5 of the Code.
Comments Alexey Tuzov, First Vice-President of the AutoSpetsCenter Group of Companies.
- On January 1, 2015, a new technical regulation of the Customs Union came into force, which provides restrictions on the minimum permissible tire tread depth: for summer tires - 1.6 millimeters, for winter tires - 4 millimeters. In addition, the Technical Regulations of the Customs Union “On the Safety of Wheeled Vehicles” introduced a ban on the use of summer tires in winter and studded tires in summer, called the “Law on Studded Tires.” According to this document, the duration of the winter period is 3 months - from December 1 to March 1. But due to the fact that climatic conditions in different geographical regions may differ significantly, this period can be extended, but not reduced in any way.
However, in Russia, despite the fact that to eliminate the possibility of using unsuitable tires, amendments were made to the traffic rules, clearly describing which tires are considered summer, which winter, and which all-season, this bill is not in full force. This is due to the fact that the rules do not stipulate a ban on a specific operating time of tires, and it turns out that, despite the restrictions established by the technical regulations, drivers are only responsible for using studded tires in the summer, but not for summer tires in the winter, the main thing is that The tread depth complied with the designated standards. The fine for this violation is now small and amounts to only 500 rubles.
Many drivers are interested in the law on winter tires, the size of fines in force in Russia for using summer tires in winter. Car enthusiasts on social networks, various forums, and blogs ask: “What is the main innovation?”
Winter tire markings
The Winter Tire Act regulates vehicle operating permits. The main innovation concerns the depth of tire treads, if there is no wear indicator on the surface of the specified product. If there is a factory wear indicator, the degree of suitability of the products is established according to the indicator. The decree specifies the marking of winter tires and introduces a pictogram with a snowflake in the center. From these documents the following general conclusions can be drawn:
- In summer it is unacceptable to drive on studded tires. Winter studded products marked “M+S” can be used from the onset of autumn until the end of spring. Those. in June, July and August you can only ride on summer, all-season or Velcro without studs.
- In winter, you are only allowed to drive on winter tires. It is allowed to install studded or non-studded tires that have the appropriate pictogram, marked “M+S”, “M&S” or “M S”. Disclaimer: non-studded products can be used all year round. The remaining tread depth must be at least 4mm.
- All-season tires are usually used all year round if they have the following markings on their surface: “M+S”, “M&S” or “M S”. Without these designations, products cannot be used in winter.
- The ability of local authorities to extend the service life of a certain type of tire is indicated. At the same time, regional authorities cannot reduce the period established by law.
See Table 1 for the period when you need to change tires.
Table 1. Seasonality of various types of tires.
From the table data you can see when you need to switch to a new type of tire, depending on the seasonality of the product.
Will there be fines for using tires incorrectly?
PictogramAccording to the winter tire law, there is no penalty for using tires that are not suitable for the season. But there is a bill that provides for a certain penalty for driving on summer tires in winter.
There is a fine that is imposed when using tires with worn tread; it amounts to half a thousand rubles. This penalty applies to a driver who uses tires with a tread height of less than 0.4 cm in winter. Please note: a fine is imposed if the car is operated on snowy or icy road surfaces.
Please note that there are no fines in 2017 for using tires that are not suitable for the season. But if a violation of the law on winter tires is proven on the part of the driver who caused an accident with a fatal outcome or causing serious harm, criminal liability will be aggravated, and penalties will be toughened. Thus, the law provides for liability for using unsuitable tires in winter, so it is worth changing the tires on your car in a timely manner for your own safety.
Conclusion
The law on winter tires is designed to increase the safe use of vehicles, with its help the authorities are trying to restore order on the roads. According to statistics, the majority of accidents occur not due to traffic violations, but due to the use of worn-out or out-of-season tires.
Without measuring the tread depth with appropriate equipment, a traffic police inspector cannot impose a fine for using worn tires. You can check tire wear at a diagnostic station that has the right to conduct this type of check. The tread height can be practically measured during scheduled maintenance. In general, this is the conclusion: there is a law, but there is no punishment for violation. But do not forget about your own safety, which is affected by the installation of a certain type of tire depending on the season. In everyday life, the driver must independently make the transition from one type of tire to another.
Keep in mind: laws are developed for a reason; in the event of an accident, it will be difficult for the driver to prove his innocence if he used summer tires in winter or the tread was too worn.
