Ukraine’s Constitutional Court upholds liability rules and heavy fines for truck overloading

On December 11, the Constitutional Court confirmed the legality of the Code of Administrative Offenses provisions that determine who is responsible for violations recorded by automatic weighing systems (WIM) and that impose heavy fines for exceeding weight and dimension standards.

According to the ruling, truck owners are liable for violations recorded automatically unless they provide information on the actual user of the vehicle.

"The first paragraph of Article 14-3 of the Code establishes a presumption of fact under which the designated responsible person is presumed, at first glance (prima facie), to have been driving the vehicle at the time of the offense. This regulation is justified given the potential damage caused by vehicles operating beyond authorized weight and dimension limits and is consistent with the need to ensure road safety, transport safety, and protect the interests of society and the state as a whole," the Court stated.

The Court also upheld the legality of the large fines for overloading, noting that they pursue a legitimate aim.

"The fines specified in Part 2 of Article 132-1 are intended not only as punishment but also to ensure the economic disadvantage and commercial impracticality of transporting goods in excess of the established weight and dimension standards," the ruling explains.

Under current legislation, penalties for overloading depend on how much the actual weight exceeds the legal limit:

• 5%–10% — UAH 8,500
• 10%–20% — UAH 17,000
• 20%–30% — UAH 34,000
• More than 30% — UAH 51,000
• Evasion of control — UAH 51,000

• In the first five months of 2025 alone, WIM automatic weighing systems recorded more than 2,400 violations totaling nearly UAH 30 million. There are currently 57 WIM complexes operating across 20 regions of Ukraine.