Can I ride a walking tractor on the road?
Where you can ride a power tiller and whether or not you need a license?
A single-axle tractor is an indispensable helper in the farm, especially if they live in rural areas. And first of all, when buying this unit, everyone is interested in the question. Is it possible to drive a power tiller on public roads in Russia and do I need a license for this machine?
Often owners of power tillers with trailers go on public roads. The purpose of such trips is to deliver machinery to the place of work. According to rules CAp. it would be a violation, subject to a fine if the driver does not have a license.
Small equipment is not intended for riding on common trails, as it creates a significant risk of developing a dangerous situation. According to the rules, the group of public roads includes not only the roadway, but also the shoulders and sidewalks.
Where you can drive
The places where it is allowed to ride a power tiller with a trailer without a license are limited. These are rough terrain, fields, forests, roadsides of country roads. If you have a tractor driver’s license, you can drive on public roads even with unregistered machinery. But in this case the general rules of road traffic will be applied to you. This means you have to respect the speed limit and obey the general requirements.
Speed of a power harvester with a trailer
Small tractor must move on public roads at a speed of no more than 50 km / h. This is due to the design features and technical capabilities of the vehicle.
It should be taken into account that low speed imposes certain restrictions and obligations on the driver.
Supreme Court ruling of November 10, 2016. N 24-AD16-4 The court cancelled the judicial acts adopted on the case to bring the driver of the vehicle to administrative responsibility for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication and dismissed the case, since a single-axle tractor cannot be recognized as a vehicle
Judge of the Supreme Court of the Russian Federation V. Merkulov.П.,
Having considered the complaint of Gagauzov S.М. on the entered into legal force of the decision of the justice of the peace of the judicial district N 3 of the Maikop district of the Republic of Adygea of December 11, 2015., The decision of the judge of the Maikop district court of the Republic of Adygea of January 26, 2016. and the ruling of the deputy chairman of the Supreme Court of the Republic of Adygea of March 22, 2016., made in relation to Gagauzov S.М. On the case of an administrative offense under part 1 of article 12.26 of the Russian Federation Code of Administrative Offenses, established:
Ruling of the justice of the peace of the judicial district N 3 of the Maikop district of the Republic of Adygea of December 11, 2015., left unchanged by the decision of the judge of the Maikop District Court of the Republic of Adygea on January 26, 2016. and the decision of the deputy chairman of the Supreme Court of the Republic of Adygea of March 22, 2016., Gagauzov S.М. was found guilty of committing an administrative offense under part 1 of article 12.26 of the Code of Administrative Offences of the Russian Federation, and was subjected to an administrative penalty in the form of an administrative fine of 30,000 with deprivation of the right to drive vehicles for a period of 1 year 6 months.
In an appeal to the Supreme Court of the Russian Federation, Gagauzov S.М. Mr. Kovalev requested that the rulings issued against him in the present administrative offence case be quashed, arguing that they were unlawful.
Having studied the materials of the administrative offence case and arguments of the complaint of Gagauzov S.М., I come to the following conclusions.
Paragraph 1 of Article 12.26 The Code of Administrative Offences of the Russian Federation establishes administrative liability for the failure of a driver of a vehicle to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, if such actions (failure to act) do not contain a criminal offence.
In accordance with paragraph 2.3.2 of the Rules of the Road, approved by Decree of the Council of Ministers. of the Government of the Russian Federation of 23 October 1993. No. 1090 (hereinafter referred to as. Rules of the Road), the driver of the vehicle is obliged, upon request of the officials authorized to carry out the federal state supervision in the field of road safety, to pass an examination for alcohol intoxication and a medical examination for the state of intoxication.
As can be seen from the case materials, on September 19, 2015. An official of the traffic police in respect of Gagauzov S.М. 4 Lenin str. was drawn up a report. of an administrative offence under part 1 of article 12.26 of the Code of Administrative Offences of the Russian Federation (l.д. 4).
According to this protocol on September 19, 2015. at 18 hours 40 minutes in the v. 86 Ul. A protocol of medical examination of intoxication was composed at 4, Lenin str. Kurdzhipskaya of the Maikop district of the Republic of Adygea Gagauzov S.М. drove a self-propelled vehicle (power block) with signs of intoxication, refused to undergo an examination for alcohol intoxication, and then failed to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication.
These circumstances served as the basis for bringing Gagauzov S.М. by the ruling of the justice of the peace to administrative liability under Part 1 of Article 12.26 of the Code of Administrative Offences of the Russian Federation.
The higher court instances with findings of the justice of the peace that the actions of S. Gagauzov.М. The court rulings in the case, however, cannot be considered lawful as a corpus delicti of the given administrative offence and the decision taken by it agreed.
At the same time, the judicial acts rendered in the case cannot be considered lawful.
The tasks of proceedings on cases of administrative offences are comprehensive, complete, objective and timely clarification of the circumstances of each case, resolving it in accordance with the law, ensuring the execution of the judgment, and identifying the causes and conditions that contributed to the commission of administrative offences (Article 24.1 Code of Administrative Offences of the Russian Federation).
According to Article 26.1 of the Code on Administrative Offences of the Russian Federation among other circumstances in the case of an administrative offense shall be clarified: the event of an administrative offense, the person who committed the illegal actions (inaction), for which the Code on Administrative Offences of the Russian Federation or the law of the subject of the Russian Federation provides for administrative responsibility, as well as the guilt of the person in committing an administrative offense.
Establishment of guilt implies proving the guilt of a person in committing a wrongful act (inaction).
On the basis of the provisions of paragraph 2.3.2 of the Rules of the Road and the disposition of paragraph 1 of Article 12.26 of the Code on Administrative Offences of the Russian Federation, the subject of an administrative offence under this provision is a driver.
In accordance with paragraph 1.2 of the Rules of the Road, Article 2 of the Federal Law of December 10, 1995 of the. N 196-FZ “On road safety” (hereinafter. Federal law of December 10, 1995. N 196-FZ) the driver is a person who drives a vehicle (including the one who trains to drive the vehicle); the vehicle. a device intended for transportation of people, cargo or equipment installed on it by road.
A mechanical vehicle is a vehicle propelled by an engine. The term also applies to any tractors and self-propelled machines.
At the same time, by virtue of the note to Article 12.1 Code of the Russian Federation on administrative offences in the present article a vehicle shall be understood as a vehicle with a working volume of an internal combustion engine of more than 50 cubic centimeters or with a maximum capacity of an electric motor of more than 4 kilowatts and a maximum design speed of over 50 kilometers per hour, as well as trailers to it, subject to state registration, and in other articles of this chapter also tractors, self-propelled road-building and other self-propelled machines, transport, etc.
In accordance with the technical specifications of the Neva power tiller, its engine displacement is more than 50 cubic centimeters, but at the same time its maximum speed is less than 50 kilometers per hour.
According to paragraph 1 of the Main provisions for the admission of vehicles to service and responsibilities of officials to ensure road safety, approved by the Council of Ministers. Government of the Russian Federation of October 23, 1993. N 1090 “On the Rules of Road Traffic”, in the State Inspectorate of Road Safety of the Ministry of Internal Affairs of the Russian Federation (hereinafter also the State Inspectorate) or other bodies determined by the Government of the Russian Federation, must be registered motor vehicles (except mopeds) and trailers.
State registration on the territory of the Russian Federation of motor vehicles, tractors, self-propelled road-building and other machines with an internal combustion engine capacity exceeding 50 cubic centimeters or with a maximum electric motor power of more than 4 kilowatts, as well as trailers to them is performed according to the decree of the Russian Federation government of August 12, 1994. N 938 “On state registration of motor vehicles and other types of self-propelled equipment on the territory of the Russian Federation”.
According to paragraph 2 of this resolution the registration of vehicles with a maximum design speed of over 50 km / h, and trailers designed to move on public roads, units of the State Inspectorate, and tractors, self-propelled road construction and other machines and their trailers, including vehicles with a maximum design speed of 50 km / h and less, as well as not designed for travel on public highways. bodies of state supervision over the technical condition of self-propelled machines and other types of machinery in the Russian Federation (Goskhnadzor).
The unified order of state registration of tractors, self-propelled road-building and other machines and their trailers, as well as issuance of state registration plates for them is established by the Rules of state registration of tractors, self-propelled road-building and other machines and their trailers by state supervision of technical condition of self-propelled machines and other types of equipment in Russian Federation (Goshnadzor), approved by Ministry of Agriculture and Food of Russia on January 16, 1995.
According to item 1.4 these Rules of state registration, to be registered under these Rules are subject to tractors (except power tillers), self-propelled road-building, reclamation, agricultural and other machines with a working volume of the internal combustion engine more than 50 cubic centimeters, not subject to registration in the departments of the State Automobile Inspection of the Ministry of Internal Affairs of the Russian Federation, as well as plate units and trailers (semi-trailers) of these machines.
The order of the admission of citizens to control self-propelled cars and issuance of the certificates of a tractor-machine operator (tractor driver) by the State Automobile Inspection is established by the Rules of admission to control self-propelled cars and issuance of certificates of a tractor-machine operator (tractor driver), approved by the RF Government Decree of July 12, 1999. N 796.
According to the given rules and the Instruction about an order of their application, confirmed by the Order of Minselkhozprod of Russia from November, 29th, 1999 of the Ministry of Health and Social Development of the Russian Federation. N 807, self-propelled machines are motor vehicles that are not intended for movement on public roads (off-road motor vehicles), tractors (except for power tillers), self-propelled road-building and other machines with an internal combustion engine capacity of more than 50 cubic centimeters, which are not related to motor vehicles.
Thus, a single-axle tractor does not fall under the category of vehicles subject to state registration, it is not a self-propelled machine subject to a special right to drive and, based on the concept formulated in the note to Article 12.1 of the Code of Administrative Offences of the Russian Federation, in relation to other articles of Chapter 12 of the said Code, the vehicle cannot be recognized as a vehicle.
Given this fact, the conclusions of the courts that S. Gagauzov.М., driving a power tiller, was the driver of the vehicle and, accordingly, the subject of an administrative offense under part 1 of article 12.26 of the Code of Administrative Offences of the Russian Federation, cannot be considered justified.
In accordance with paragraph 4 of part 2 of article 30.17 of the Code on administrative offences of the Russian Federation on the results of the consideration of the complaint, protest against entered into legal force of the decision on the case on an administrative offence, decisions on the results of the review of complaints, protests decision is made about the cancellation of the decision on the case of an administrative offence, the decision on the results of the complaint, protest and termination of the proceedings on the case in the presence of at least one of the circumstances provided for by art. 2.9, 24.5 of the above Code, as well as in the absence of proof of the circumstances on the basis of which the said resolution, decision.
In these circumstances, the decision of the justice of the peace of judicial district N 3 of the Maikop district of the Republic of Adygea of December 11, 2015., The decision of the judge of the Maikop district court of the Republic of Adygea on January 26, 2016. and the ruling of the Deputy Chairman of the Supreme Court of the Republic of Adygea of March 22, 2016., The charges against Gagauzov S.М. In the case of an administrative offence under paragraph 1 of article 12.26 of the Code of Administrative Offences of the Russian Federation, are subject to cancellation, and the proceedings. To be terminated on the basis of paragraph 2 of part 1 of article 24.5 of the named Code in connection with the lack of corpus delicti of an administrative offense.
On the basis of the above, guided by articles 30.13 и 30.17 of the Code of Administrative Offences of the Russian Federation, the judge of the Supreme Court of the Russian Federation ruled:
The decision of the justice of the peace of judicial district N 3 of Maikop district of the Republic of Adygeya on December 11, 2015., Decision of the judge of the Maikop district court of the Republic of Adygeya of January 26, 2016. and the decision of the deputy chairman of the Supreme Court of the Republic of Adygea of March 22, 2016., imposed on Gagauzov S.М. on the case of an administrative offence under part 1 of article 12.26 of the Code of Administrative Offences of the Russian Federation, to cancel.
Terminate proceedings on the case of an administrative offense on the basis of paragraph 2 of Part 1 of Article 24.5 of the Code of Administrative Offences of the Russian Federation.
| Judge of the Supreme Court of the Russian Federation | В.П. Merkulov |
Is a single-axle tractor a means of transport
A single-axle tractor is agricultural machinery equipped with an internal combustion engine and a wheel axle. The unit is similar to a tractor and performs some of its functions. But is a single-axle tractor a means of transport or not?? The answer is given on the official website of the Russian police.
Important! According to the decision of the Eurasian Economic Commission, adopted in 2019, the single-axle tractor belongs to the class of single-axle tractors. And if they transport people or other cargo on public roads, the traffic inspector can ask for a license and a tractor driver’s license.
If a single-axle tractor is powerful, it is automatically equated to a motor vehicle. This includes all units equipped with an internal combustion engine with a displacement greater than 50 cubic centimeters.
If the device is powered by electricity and its power is over 4 kilowatts, then according to the law it also belongs to the vehicle. This also includes equipment that can accelerate more than 50 km/h. But in practice, most factory mini-tractors (power tillers) cannot develop such speed. Manufacturers have set for them a threshold of 20 km/h.
For the note, it is not necessary to be surprised, nowadays there are very powerful electric power tillers, which work from the socket, it’s something like an electric chainsaw and a chain saw, by the way, you can read, what they differ here (very interesting article by the way).
So, a single-axle tractor of small power and engine displacement does not fall under the category of a vehicle.
LocalTech: Two-Wheeled Walk-Behind Tractors (Kampong Thma, Cambodia)
Can you drive your power tiller on the road??
Many farmers still receive fines for driving their farm machines without a license on public roads. Especially often faced with this the owners of several sites, to get to which without moving on the roads, in fact, impossible. How to be in such a situation and how to protect yourself in front of traffic police inspectors?
Unfortunately, not many people are still aware of the fact that today there is no approved category of driving license, which would give the right to drive legally on the roads of public transport. But at the same time, every farmer automatically becomes a road user when he drives his power tiller on the road. This gives any traffic police inspector the right to stop the owner of a power tiller to ensure that the latter has a document confirming his knowledge of the rules of the road. over, if you ride with a passenger on your power tiller, and this happens not so rarely, the inspectors have the full right to issue a fine to the owner of the machine, because you can transport people only in a specially equipped vehicle.
To protect yourself, and not get a fine for driving on the road on a power tiller without a license,
its owner must adhere to the following rules:
- If the owner of the Moto-Block has no license to drive any vehicle, you will need to open the category “A”, which allows you to drive a motorcycle. This will serve as direct proof that the driver of the agricultural machine is familiar with the rules of the road of his country, and has a full understanding of the need to comply with them;
- In addition to obtaining a license directly to drive a power tiller, it is mandatory to install dipped headlights or standard daytime running lights;
- In the rear of the trailer will be required to install red light reflectors.
If you strictly adhere to the above rules, the owner of the power harvester will be considered a full participant in the road traffic, which will help to avoid a fine from the traffic police inspector.
How old are you allowed to ride a power tiller??
Only adult people with practical experience are allowed to drive such a machine. Registration and assignment of license plates to such equipment does not apply, the law prohibits the creation of homemade mobile means on the territory
For this reason you may be fined for riding a power tiller in the city. The driver does not need a license, but the traffic inspector can be fined if he notices the machine on the road.
Do you need a license for a single-axle tractor with a trailer??
Motor cultivator equipped with a trailer is not considered a motor vehicle subject to the rules of the road, so a license is not required.
But there are many factors that require the owner and driver of a single-axle tractor to get a driver’s license. In all legitimate questions, you need to rely on the law, which in the case of a power tiller does not consider it a vehicle with or without a power tiller.
The rules of the road also do not classify a single-axle tractor as a motor vehicle, so there are no records in this regard. It turns out that in the fields and on those sections of roads where there is no state traffic inspection, you can move on a power tiller without a driver’s license.
However, the instruction manual for the single-axle tractor indicates that driving it on public roads is prohibited.
But it is necessary to transport goods. So without a license, which indicates that you are familiar with the rules of conduct on the road, the driver of the motorcycle with a trailer will be difficult to communicate with representatives of state agencies.
In order to officially register your single-axle tractor as a vehicle, there are many conditions that require the installation of rear-view mirrors, license plate, headlights, parking lights and other things, which strongly discourages the farmer from acting according to the law.
Therefore, a driver’s license demonstrating knowledge of the rules of the road will be sufficient.
Documents that are necessary for owners of equipment
As mentioned above, a single axle tractor is allowed to be operated without a license because it is not a vehicle. But in order to protect yourself, it is important to know what documents are needed for a motorcycle license. It is possible to take a category A license necessary for driving motorcycles. They are designed for vehicles with a small engine capacity, and small agricultural machinery has only a small capacity.
Another necessary document is the passport of a self-propelled vehicle, which is issued by the Department of Agriculture. The registration process at this organization is much more complicated than at the traffic police. Therefore, if there is no desire to travel on public roads, it is not possible to register semi-trailers and engine blocks. Dachshunds can not fear penalties for this, as they use the car only for personal purposes. But companies need to get a passport for the device. This document may be required even when driving on the side of the road.
If the unit belongs to an employee of a company and he needs to get to the place of work with the unit, a company pass is required. Only then it will be considered that he has the right to drive the MB. The pass allows you to drive on unloaded roads adjacent to the enterprise, it is strictly forbidden to violate traffic rules and obstruct traffic.
What is forbidden to do on the engine block
In order not to get a fine when driving a power saw, it is recommended not to appear at all on the common carriageway (t. е. On marked paved or concrete roads) and near them. Staying on the engine block on the roadway is prohibited. This is the most important thing for owners to remember.
- get behind the wheel while intoxicated, even if driving on the side of the road;
- keep your license (if you have one) and machine registration certificate far away from your place of work;
- to drive on company property without a special pass with a permit to move;
- to drive on roads of unclear purpose (concrete slabs without markings, which may turn out to be with the status of public use);
- Create situations that are dangerous for pedestrians;
- Park a single-axle tractor next to cars or place it on the side of the road;
- drive your power tiller so that part of the equipment will “go out” on the road.
Although some people claim that you can avoid a driving ticket if you have a license, you shouldn’t believe that. Even the license will not cancel the fine for being on the road in a technical vehicle not intended for moving. How much money you will have to pay for such a violation is not known beforehand, but it will definitely be large.