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Violation of weight and dimensional characteristics:
The case on administrative offence under the Part 1 of the Article 12.21.1 of the Code of Administrative Offences of the Russian Federation against AS «Levekol».
The case on administrative offence under the Part 1 of the Article 12.21.1 of the Code of Administrative Offences of the Russian Federation was initiated against AS «Levekol».
The reason for initiation of the case was – identifying by Transport Inspection on the post of the weight control in a AS «Levekol vehicle exceeding of the carrying capacity of the second axle of the vehicle by 340 kg.
As a result, AS «Levekol» has been found guilty of an administrative offense under the relevant article of the Code of Administrative Offences and sentenced to a fine of 400000 rubles (10975.11 $).
The Client turned to us for help after the decision on the appointment of a fine.
On the basis of examination of the case, it was found that the Transport Inspection did not prove the guilt of committing an administrative offense, and causes of exceeding of the carrying capacity on the second axle of the vehicle were adverse weather conditions (in the form of wet snow on the vehicle body ), and not the fault of AS «Levekol» in non-compliance with the rules of transportation of goods, whether due to intent or negligence.
On these grounds our lawyer (Vladimir Malgin) has built a position, according to which in the absence of fault of the client in an administrative offense, AS «Levekol» should be found not guilty.
As a result of this work, the Court of First Instance accepted position of the company, acknowledged the decision of transport inspection unlawful and revoke the fine of 400000 rubles (10975.11 $).
An appellate court upheld our position.
(The case against AS «Levekol» initiated by the North-West inter-regional Management of the State Road Supervision, the decision №20 / ЮP-П, the case in the Arbitration Court of St. Petersburg and Leningrad region № A56-2543 / 2013).
