On "self-propelled guns": driver's licenses have expanded their powers
Russian drivers have been given the opportunity to drive certain types of buggies, swamp walkers and other self-propelled vehicles using ordinary "automobile" rights. Previously, a tractor driver's license was required to drive such equipment. However, certain restrictions still exist. In addition, experts note certain legislative gaps related to the operation of self-propelled vehicles under the new rules. Details can be found in the Izvestia article.
On a buggy — without a "special jacket"
On July 7, amendments to the laws "On Self-propelled vehicles and other types of equipment" and "On Road Safety" came into force, extending the scope of "automobile" rights of categories B, C and D. These legislative changes were adopted by the State Duma and the Federation Council in early June, and signed by Russian President Vladimir Putin at the end of last month.
According to the document, holders of driver's licenses of categories B (passenger cars), C (trucks) or D (buses) were given the right to drive them and "self-propelled vehicles of category AII" — vehicles with a maximum weight of up to 3.5 tons and having no more than eight passenger seats. Buggies, some models of swamp walkers, etc. fall into this category. Previously, driving them required the driver to have a category AII tractor driver's license. Since the end of 2023, similar allowances have been applied to more "light" self-propelled vehicles.
"It's almost a car"
The expansion of the "automobile" rights to self-propelled vehicles of category AII is a logical continuation of the policy of "legalization" in relation to ATVs and snowmobiles, says Roman Sitnikov, motorcycle expert, instructor, graduate of the European ATV Safety Institute Safety Center. At the same time, buggies or Side-by-side ATVs are more familiar to people who are used to driving a car, he notes.
— In fact, this technique is not much different from a regular car. Unlike an ATV or snowmobile, it has "automotive" controls — the usual steering wheel, pedals, and seats. In addition, they have safety belts, often four—point ones, and a power frame — such equipment is safer than a classic quadric or snowmobile," Roman Sitnikov told Izvestia.
It is possible, but not for everyone
New changes in legislation establish a number of restrictions on the operation of self-propelled vehicles under "automobile" rights. As follows from the text of the law, this possibility applies only to "cases of using a self-propelled vehicle on the basis of a lease (rental) or other paid agreement providing for the temporary transfer of a self-propelled vehicle to a citizen, provided that the person who provided it conducts instruction on how to operate such a self-propelled vehicle and ensure its safe operation." In other words, driving personal buggies or swamp walkers still requires the rights of a "tractor driver" of the appropriate category.
Another limitation concerns the age of drivers who can take advantage of the opportunity to drive self-propelled rental vehicles with ordinary rights. According to the law, they must be at least 19 years old, while their driving experience (in relation to category B and C certificates) must be at least one year.
If a person buys a self-propelled car of category AII and drives it without having the rights of a tractor driver, this will be a violation for which administrative responsibility is provided, emphasizes Sergey Radko, a lawyer for the Freedom of Choice movement. The size of the sanctions will depend on where the violation was committed and which of the regulatory authorities will register it, he noted.
— If such a violation is recorded by a traffic police inspector on a public road, the driver will face a fine of 5-15 thousand rubles, according to Article 12.7 of the Administrative Code "Driving a vehicle by a driver who does not have the right to drive a vehicle." But if it is recorded by Gostekhnadzor employees, then the same violation will be qualified already under Article 9.3 of the Administrative Code "Violation of the rules or regulations for the operation of tractors, self-propelled, road construction and other machinery and equipment," which provides for a fine of 500 to 1 thousand rubles, the lawyer said.
This information was confirmed to Izvestia by Gostekhnadzor. According to Alexey Kolechenok, deputy head of the Department for the Vladimir Region, if a driver driving a self-propelled vehicle without the appropriate license is identified by Gostekhnadzor inspectors, an administrative case against him is initiated specifically under Article 9.3 of the Administrative Code.
According to Sergei Radko, Article 12.7 of the Administrative Code specifies the violation more clearly and, logically, regardless of the place where the offense was committed, it should be applied. However, to do this, it is necessary to legally expand the powers of Gostekhnadzor inspectors, allowing them to file materials on the "automotive" chapter of the Administrative Code for some violations committed by drivers of self-propelled vehicles.
What is a briefing?
The changes that have entered into force provide for mandatory instruction for drivers who rent such equipment, experts say. However, the rules and procedure for such instruction are not spelled out anywhere, emphasizes Sergey Radko. There is also no clear indication of who exactly can rent self-propelled guns, he notes.
— There may be a situation when a husband and wife bought two buggies and signed lease agreements for each other with a note about the briefing. Formally, from the point of view of the law, all the requirements have been fulfilled — a married couple can drive self—propelled guns on their car rights," the lawyer described one of the possible scenarios.
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A few years ago, when the idea of driving self-propelled rental vehicles using regular driver's licenses was still being discussed, it was assumed that only drivers in organized groups, only on certain routes and only accompanied by an instructor, would be able to take advantage of this opportunity, Alexey Kolechenok, Deputy head of the State Technical Supervision of the Vladimir Region, recalled. However, there are no such restrictions in the final document, he noted.
— It turns out that by renting equipment, a person will be able to choose where to ride it. In addition, there are still no clear criteria regarding what is meant by mandatory instruction. A story based on the principle of "click here, but don't touch this," is technically also an instruction, although in fact it is not," Alexey Kolechenok told Izvestia.
The extension of driver's licenses for self-propelled rental vehicles was taken as part of measures to promote tourism, while the development of relevant laws seems to have overlooked issues related to law enforcement practice, says auto expert Igor Morzharetto.
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