For whom is the payment of the fine due to "overload"? In court, they put all the dots over the "i"

The owner of the truck managed to challenge the fines imposed by Ukrtransbesafety and win the case in court. In fact, the violator is the one who rented the vehicle, so all responsibility is removed from the owner himself, along with the payment of the fine.

At the court session, the resolution of Ukrtransbas was again canceled regarding the application of penalties against the owner of the truck due to exceeding the permissible weight of the cargo. The lessee of the vehicle is recognized as responsible. 

Automatically, the violation regarding the "overload" is set to more than 20%. Specialists of Ukrtransbesafety got acquainted with the information received and prepared a protocol, which indicated the amount of the fine of 34,000 hryvnia. The document was sent directly to the owner of the truck. The latter appealed to the court and won the case.

To date, in accordance with the paragraphs of the Code of Ukraine on Administrative Violations, an individual or the head of a legal entity for which the transport is registered becomes responsible for such violations. Based on this, if the information about the user of the car is entered in the register of the vehicle, the same user is responsible. It is he who is obliged to enter all the necessary data.

But in the current situation, there was no information about cargo transport in the register, and therefore the resolution was sent to the owner. The latter managed to prove the transfer of the car to the lessee. Since the tenant was obliged to enter information in the register, the charges were dropped from the owner.

Earlier, there was information that after one court session, 16 resolutions of Ukrtransbesafety with fines in the amount of UAH 527,000 for exceeding the weight norm of the cargo were declared illegal.