Every year before November, the same question arises – is it allowed to use summer tires in winter? The reasons for this are most often financial. This is understandable considering the price of new car tires, especially those of higher quality that are produced by a more well-known manufacturer. There is also the other side of this financial aspect – the fear of possible fines.
This text will attempt to answer frequently asked questions regarding the use of summer tires in winter and the legal consequences of this decision.
What is included in winter equipment?
Drivers are legally required to possess and use winter equipment in the prescribed manner when driving on the road from November 1st to April 1st. Winter equipment for passenger vehicles includes:
- winter tires (for example M+S, Snow Winter и other) on all wheels;
- chains or other devices that increase traction on at least two drive wheels;
- shovel – only for buses (except public transport) and trucks.
The tread depth of winter tires, when used as winter equipment, must not be less than 4mm.
Is it allowed to use summer tires in winter?
In principle, it is permissible to use summer tires in winter. Legally, the obligation to use winter equipment in the period from November 1st to April 1st depends on the road and weather conditions and traffic regulations of the specific road. The vehicle must be equipped with winter equipment during the specified period if, due to weather conditions, there is snow, ice or slush on the road. If these conditions are not met, the use of winter equipment is not mandatory during the specified period. Notwithstanding this, the use of winter equipment is mandatory on the road where this is specified by traffic signs.
Although it is permissible to use summer tires in winter under certain conditions, this still has its own practical risks.
On the other hand, there is no obligation to use summer tires in the summer. Winter tires can be used in the summer without restrictions, but the safety implications of such a decision should be considered.
What is the penalty if I don’t use winter tires?
If a driver does not possess or use winter equipment in the prescribed manner, he or she is responsible for a traffic violation for which a fine of 5,000.00 dinars is imposed.
In addition, a police officer may remove a vehicle from traffic if the vehicle is moving without the prescribed winter equipment on a road or part of a road where it is mandatory, and the driver is unable or refuses to use the winter equipment after being ordered to do so. The driver may also be directed to a road where the use of winter equipment is not necessary.
However, although the misdemeanor sanctions are relatively mild for this offense, it should be borne in mind that failure to comply with this obligation may appear as a decisive fact in certain situations. If a driver causes a traffic accident and misdemeanor or criminal proceedings are initiated against him, this may be a decisive fact in determining his guilt. This may also be used as an aggravating circumstance when determining the penalty and deciding on other misdemeanor or criminal sanctions.
If you have any questions regarding the office's practice areas or the posts on this website, please feel free to contact us. All communication with the office is protected by the obligation of attorney-at-law confidentiality.