Publication date: 09.06.2024
Legal aspects of administrative liability for violation of cargo transportation rules
Introduction
Transportation of goods is an important element of logistics and the economy of any country. However, violations of the rules of cargo transportation can lead to serious consequences, including accidents, damage to infrastructure and threats to the safety of other road users. In Ukraine, administrative liability for such violations is regulated by a number of laws and regulations.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
The Code of Administrative Offenses establishes administrative liability for various types of violations of the rules of cargo transportation, in particular:
- Article 132-1: Violation of the rules of transportation of dangerous goods.
- Article 133-1: Transportation of goods in excess of the established dimensional and weight standards.
The Law of Ukraine "On Motor Vehicle Transport"
This law defines the general requirements for the transportation of goods by road, including the obligations of shippers, carriers and drivers.
Rules for the transportation of goods by road in Ukraine
These rules detail the requirements for the transportation of various types of cargo, including dangerous, oversized and heavy cargo.
Types of violations and liability
Violation of the rules for the transportation of dangerous goods
Dangerous goods require special transportation conditions to prevent accidents and disasters. Violation of the rules for the transportation of dangerous goods (Article 132-1 of the Code of Administrative Offenses) entails a fine of UAH 510 to UAH 850 for drivers and UAH 850 to UAH 1,700 for officials.
Transportation of cargoes exceeding the overall weight standards
Transportation of goods in excess of the established dimensional and weight standards (Article 133-1 of the Code of Administrative Offenses) can lead to damage to roads and create danger to other road users. Such a violation is punishable by a fine of UAH 510 to UAH 1,020 for drivers and UAH 1,700 to UAH 2,550 for officials.
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Other violations of cargo transportation rules
This includes violations related to improper cargo securing, transportation of goods without proper documents, or violation of licensing conditions. Penalties for such violations vary depending on their nature and consequences.
Legal aspects
Evidence base
Various evidence may be used to establish the fact of violation of the rules of cargo transportation, such as:
- Documents confirming the weight and dimensions of the cargo.
- Vehicle weighing protocols.
- Testimony of witnesses and inspectors.
- Video recordings from surveillance cameras.
Appealing against fines
Drivers and officials have the right to appeal against the imposed fines in administrative or judicial proceedings. A complaint can be filed with the authority that issued the decision or with a court within 10 days of receiving the decision.
The appeal procedure:
- Filing a complaint: A written complaint must be filed together with a copy of the decision to impose a fine and documents confirming the circumstances that may be grounds for reversal of the decision.
- Consideration of the complaint: The authority or court reviews the complaint, hears both sides, and makes a decision.
