What is the fine for excess passengers in 2021?

• Amount of the fine and who must pay it
• In what cases is it considered that there is an extra passenger in the car?
• How to understand how many people can be transported in a car
• What are the dangers of carrying extra passengers?
• Examples of people overloading cars
• Tips on how to avoid overloading your car

If during a trip there are more people in a car than its technical characteristics allow, this is contrary to traffic regulations and is punishable by law. Violation is subject to administrative liability in accordance with Article No. 12.23 of the Administrative Code. In such cases, traffic police officers have the right to issue a fine for an extra passenger, as well as for several other points.

Amount of the fine and who must pay it

According to traffic rules, it is not allowed to transport people if their number exceeds the number of seats in the car. So, if a traffic police officer notices four passengers in the back seat of a car, he must issue a fine for the violation. Carrying an extra person will cost the driver 500 rubles (Article of the Administrative Code 12.23, clause 1).

But the total amount of penalties may be much higher. Previously, drivers paid only for the most “expensive” offense, but now the amounts of all penalties are added up if two or more violations are committed (Part 1 of Article 4.4 of the Administrative Code).

If there is an extra passenger in the car, then he lacks a seat belt. This is a separate offense, which is added to the main one and is assessed at 1000 rubles (Article 12.6 of the Administrative Code).

Sometimes in road practice there are fans of extreme trips when people are outside the cabin. For such dangerous movement, a third fine of 1,000 rubles is added to all of the above (Article 12.23 of the Administrative Code, Part 2).

All of the listed sanctions are imposed on the driver, since he is responsible for the life and health of his passengers. In addition, the unbelted passenger will also pay a fine, because violates clause 5.1 of the traffic rules, which obliges those in the car to use seat belts. The penalty will be 500 rubles (Part 1 of Article 12.29 of the Code of Administrative Offenses of the Russian Federation).

Fines for exceeding the number of passengers

The Administrative Code (CAO) provides for a number of penalties for violations of the rules for transporting people. The fine for exceeding the number of passengers in a passenger car in 2021 is 500 rubles (Article 12.23 part 1). Please note that fines for 6 people in a car are imposed when there is one driver and five fellow travelers, when the technical documentation provides for only four.

Depending on the type of transport and the conditions of the violation, penalties are presented as follows:

• transportation outside designated places (vehicle cabin, unequipped trailer, etc.) – 1,000 rubles (Article 12.23 Part 2);
• delivery of organized groups of children with violations entails punishment of the driver, officials and legal entities in the amount of 3,000, 25,000 and 100,000 rubles, respectively (12.23/3);
• the same violation in the dark - 5,000, 50,000, 200,000 rubles, in addition, the driver may be deprived of his license for a period of four to six months (Article 12.23, Part 5).

For drivers of buses, route vehicles (“buses”, “topics”) and taxis, the requirements of Part 1 of Article 12.23 apply. But the calculation of excess passengers is carried out based on the technical documentation for this type and model of vehicle.

It is important to know! Drivers do not face deprivation of their license for overloading, but traffic police officers have the opportunity to initiate punishment not only for this offense, but also for related ones - for example, the lack of a seat belt on a passenger.

In what cases is it considered that there is an extra passenger in the car?

If there are more than 5 people in the car, then for an ordinary passenger car this is a violation of the rules. According to the traffic rules (clause 22.8), it is allowed to transport the number of people provided for by the technical characteristics of the vehicle. For a standard passenger car, this is five people, including the driver.

Even more stringent requirements are imposed on trucks, since violations threaten more serious consequences and can lead to the death of a large number of people on the road. Passengers can be transported in the cabin depending on the number of seats. It is allowed to put people in the back only if the requirements of clause 22 of the traffic rules are met. Otherwise, the fine will be 1000 rubles (Article 12.23 of the Code of Administrative Offenses of the Russian Federation, Part 2). The amount is fixed and does not change depending on the number of passengers.

A driver transporting people in the back of a truck will not be fined if all the following conditions are met (clause 22 of the traffic rules):

• the person driving has a driver’s license for the right to drive a category “C” or “C1” vehicle for at least 3 years;
• when transporting 8-16 people (including passengers in the cabin), a driver’s license for the right to drive a category “D” or “D1” vehicle is required;
• in case of transportation of more than 16 people, category “D” is required;
• the number of people transported cannot exceed the number of seats;
• the machine must be in good working order;
• a flatbed truck must be equipped with seats installed at a height of 30-50 cm from the floor and at least 30 cm from the top edge of the side.
• seats located along the rear or side boards must have reliable backs;
• Transporting children in the back is prohibited.

Depending on its technical capabilities, a bus has a certain number of seats and standing places. Information about this is posted in the salon. But there are situations when each passenger must be provided with a separate seat (clause 22.3 of the traffic rules). The rule applies:

• for intercity transportation;
• when driving in mountainous areas;
• when the bus is used to transport tourists and conduct excursions;
• when transporting children.

If the bus does not fall into these categories, then passengers can occupy standing places, but their number is also strictly regulated.

Ban on transporting excess passengers in traffic regulations

This prohibition is specified in the Traffic Rules. In accordance with clause 22.8 of the Traffic Regulations, it is impossible to transport passengers outside the vehicle cabin, as well as more than the number provided for by the technical specifications. It is in the latter that you can find out this quantity. This information is usually noted in the “Body” section.

A common mistake made by road users is that they do not consider a child to be a full-fledged passenger, believing that they can simply pick him up, and all the main seats are intended for adults. This is a violation of the rules. Transportation of a child in a car is carried out under similar rights. For a small child you need to install a special child seat. If he is already older and occupies a standard seat in the car, he is the same passenger as the others.

Paragraph 22.3 of the traffic rules also notes the prohibition of exceeding the number of passengers carried. It states that each passenger must receive an individual seat:

• when transported in the back of a truck;
• on a bus that follows an international, tourist, excursion route;
• for organized transportation of children's groups.

Expert opinion

Evgeniy Romanov

Lawyer, specializes in protecting rights in areas related to traffic rules, insurance and disputes with the traffic police.

In other cases, buses may carry standing passengers. But the number of the latter should also not exceed the indicator specified in the technical characteristics of the vehicle.

Maximum number of seats in a vehicle

The number of people that a car can accommodate according to the rules is indicated in the technical specifications, usually in the “Body” section. The entry “5-seater” means that the car can carry one driver and four passengers. Most modern passenger cars are five-seater, although there are other options.

As a rule, passenger cars are designed for the number of passengers in the cabin, which corresponds to the number of seats. But buses, in particular minibuses, often have standing places.

The dangers of breaking a rule

Each machine is designed for a specific load level. Exceeding the norm is dangerous. It is the driver's job to think about this in the first place, but the people riding with him should also not forget about the likely consequences.

A car with more passengers than allowed becomes heavier, and therefore its handling deteriorates. When turning or making a sharp maneuver, the risk of the driver losing control increases, since the car will begin to behave completely unpredictably, especially when it comes to driving in winter. The increased load also increases the risk of the car overturning during maneuvers.

Another consequence of an overloaded car is an increase in braking distance. The more people there are in it, the greater its weight; accordingly, it takes more time and force to stop it. In dangerous situations, this can be a key factor influencing the outcome.

When there are more passengers in the car than necessary, the extra passenger in the back causes increased pressure on the door. If there are certain malfunctions in the mechanism, there is a risk that the door will open and the passenger will simply fall out. In addition, the presence of extra passengers implies discomfort for the driver, which can have a negative impact on the style, quality and accuracy of his driving.

If the machine is small, overload will inevitably affect its dynamic characteristics, and this is also not recommended. For example, you will need to overtake another car. Due to the increased weight, the car needs more time to accelerate, which may well cause an accident. In view of all that has been said, exceeding the number of passengers is not only a fine, but also a significant threat to the life and health of everyone in the car.

How to understand how many people can be transported in a car

To determine the correct transportation of people, you should be guided by the following requirements.

• Passengers must be in the passenger compartment or in the back if there are equipped seats.
• If the car has seat belts not only in the front seats, but also in the rear seats, then each passenger must be fastened.
• Children under 12 years of age, in accordance with clause 22.9 of the traffic rules, are transported using seat belts (only from 7 years old), or specialized restraint devices that correspond to their weight and height, or other devices that allow the child to be fastened with seat belts.
• The number of people must comply with the technical regulations for a particular vehicle (some models belong to category B, but allow up to 7 people to be transported without violating the rules).

Many car models that are now noticeably outdated did not leave the factory equipped with seat belts in the rear seats. In this case, traffic police officers have no right to hold accountable for an unbelted passenger.

The driver is prohibited from transporting people in a trailer of any configuration, outside the passenger car (in the trunk, on the roof, on the hood), or in a towed car.

Penalties for excess passengers

The main regulatory document determining the amount of penalties for transporting an excess passenger is the Russian Traffic Rules. The amount of the corresponding fine is specified in paragraph 22.8 of these Rules.

The rules stipulate that no matter how many “extra” people are in the car, compared to the maximum possible number, the fine for this traffic violation is fixed. This penalty is 500 rubles and is provided for a negligent driver, regardless of whether he allowed such an overload deliberately or accidentally.

Such a driver is obliged to pay the fine no later than two months (60 days). However, if he believes that the fine was issued to him illegally and has witnesses for this, the legislation gives him the right to appeal an illegal decision, from his point of view. Ten days are provided for this.

By the way, if the “extra” passengers identified during the trip, in addition to everything, were not yet wearing seat belts while the car was moving, these Rules also provide for a punishment for them: 1000 rubles each. Naturally, the driver who did not require them to fasten their seat belts will also be punished.

What are the dangers of carrying extra passengers?

Exceeding the number of passengers is a risk to their life and health. In Russia, people often do not take road safety seriously enough. Some drivers neglect the rules for transporting people or securing children using special restraints.

But traffic rules are based on sad experience and are written based on the real situation on the road in order to prevent the death of citizens. It is important to remember and understand the following.

• An overcrowded car shifts its center of gravity, which makes maneuvering difficult. This increases the risk of skidding, accidents, and failure of car parts.
• Exceeding the established norm for passengers leads to an increase in braking distance.
• A crowded car takes longer to overtake. Sometimes drivers do not take this fact into account, which causes accidents on the highway.
• Passenger pressure on the rear doors can cause them to open and people to fall onto the road from the moving vehicle.

In addition, overloading passengers harms the car and leads to rapid wear of parts. The car may fail while driving due to excessive load on the rear suspension.

What is the fine for overloading passengers in a car?

According to the Code of Administrative Offences, for transporting only one extra passenger you will have to pay a fine of 500 rubles.

In this case, you should remember one feature - due to technical reasons, this passenger will not be fastened, which means, in addition to a fine, an additional passenger will be punished for driving without a seat belt - in the amount of 1000 rubles and 500 rubles. In addition to the driver, the passenger himself also pays this fine.

Each car is designed to carry a certain number of citizens. Overloading the car is considered a violation of traffic regulations. The traffic police officer who stopped the car has every reason to impose a fine.

What can the traffic police find fault with?

Carrying more passengers is prohibited due to the fact that seat belts are installed on a certain number of seats.

A person who sits in a car and is not wearing a seat belt puts himself and other passengers in danger.

When checking a car, the inspector may find fault with the following violations:

1. Incorrect positioning of the load.
2. Deterioration of vehicle stability, inability to control the vehicle normally.
3. Obstructing the movement of other vehicles.
4. Creation of dust and noise due to overload.

If there is a need to transport a large number of people, you should comply with all traffic rules as much as possible and not give a reason for the traffic police inspector to stop the vehicle.

Permitted number of people

When transporting people in a personal vehicle, the driver must comply with all established legal requirements and regulations.

This applies not only to general traffic laws, but also to requirements for transport and provision of transportation for citizens.

In the bus

Buses are allowed to carry passengers in the amount specified in the vehicle documents. The number of people is provided for both sitting and standing areas.

Additional standing seats are only available on buses operating regular routes over short distances.

If the transport is passenger and follows a tourist, interregional or mountain route, it is allowed to have as many people in the cabin as can be accommodated in the seats.

Minibus taxi

In accordance with the Road Traffic Rules, Article 22.8, it is not allowed to carry people on the roof of a car or on the hood.

Minibus taxis have a certain number of seats, which depends on the width of the seats and the location in the cabin.

Thus, a Fiat Ducato minibus, including a tourist one, can accommodate 16 people. in Citroen - 22 people.

How to find out the date of issue of the first driver's license in the RSA online, see the article: how to find out the date of issue of the first driver's license in the RSA. How much does it cost to overload baggage on an Aeroflot plane? Read here.

City or suburban minibuses Ford Transit can accommodate 18 people, and city Nizhny Novgorod - about 20 people.

Examples of people overloading cars

Typically, an overload situation occurs when people travel on vacation. A common mistake is that the child is not allocated a separate seat. Ignoring the rules of transportation, some believe that 4 passenger seats are intended for adults, and children can be carried.

This is a misconception. According to the rules, each child must be allocated a separate seat in the cabin. Even if four children can easily fit in the back seat, such transportation will be a serious violation (Section 22.9 of the Traffic Regulations).

Intended restrictions

Traffic regulations prohibit transporting more people in a passenger car than is provided for by its technical characteristics. In modern cars, every seat is equipped with a seat belt.

Expert opinion

Natalya Alekseevna

If you exceed the occupant limit, not everyone will have a seat belt to keep you safe while driving and prevent injury in a collision.

The number of passengers allowed by the category of rights.

Children under 12 years of age must be transported in specially installed child car seats.

They must be appropriate for their age and weight. It is strictly prohibited to transport people in the trunk or on the roof of a passenger car.

It is not allowed to transport passengers in the back of a truck, as well as another self-propelled vehicle, cargo motorcycle or tractor, if there are no seats equipped there. Children under 12 years of age cannot be transported on the back seat of a motorcycle.

Transporting people outside the cabin

In 2021, transporting people in places not intended for transportation is punished more seriously, as it creates an even greater danger to life. In this case, the fine will be equal to one thousand rubles.

The main places in this case include:

• trailers;
• motorcycle cradles;
• exterior parts of mobile homes.

If a passenger leans out of windows or specialized hatches while the vehicle is moving. The driver will also be fined one thousand rubles for the violation itself, regardless of the number of people in the car and those who act in this way. The penalty for overloading the number of passengers is associated not only with the people in the cabin, but also on the surface of the car.

Carrying a person on the hood or on the top of the car body is also punishable by a fine and is interpreted as prohibited operation of the vehicle.

Number of seats in the car

The law states that it is prohibited to transport in a car more than the value specified in the technical regulations of the car. In most passenger cars, the permissible figure does not exceed five, including the driver, that is, the maximum allowed is to carry four passengers at the same time.

In order to determine the permitted number of seats, just refer to the description of the car and the column dedicated to the body. A fine for an excess passenger is issued based on documentation.

As for a type of transport such as a bus, it is permissible to carry passengers while standing, but in a number of situations this is unacceptable.

These include:

• international travel;
• driving in mountainous areas;
• tourist routes;
• when transporting children.

If the situation does not suggest any of the above cases, then transporting people standing is permitted. However, the total number of people should not exceed what is indicated in the technical specifications. Failure to comply with this requirement is punishable by law.

The technical characteristics of the car provide an exact indication of the number of seats. It is prohibited to exceed this figure according to traffic regulations, even if there is a feeling that the capacity is greater.

Legal regulation

The transportation of citizens is regulated by rules that ensure the safety of people when transporting them by land transport. These include:

• Resolution No. 1090 “On Traffic Rules”. As mentioned earlier, according to clause 22.8, it is prohibited to transport people in quantities exceeding the norm established by the technical passport of the vehicle.
• Order from the Ministry of Transport of the Russian Federation No. 7 dated January 15, 2014. If you refer to paragraph 18 of Chapter 3, you can see that the driver driving the vehicle is given instructions on its capacity before employment.
• Administrative and Legal Code (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation). It sets the fine for exceeding the passenger capacity limit.
• Draft federal law No. 902547-6. It provides for administrative liability for violation of safety rules for transporting citizens in a car (including exceeding their number).

Thus, the punishment for having an extra person in the car is legally enforceable.