Case of overweight

Дело из практики

Заказчик	«OOO "Gorod Masterov-Kotlas"»
Юрист	Vitaliya Skalatskaya
Задача	A transportation agency from the Arkhangelsk Region filed a request with the Commercial Court to recover from the client a payment of 448,399.55 rubles by way of compensation for damage caused by vehicles carrying heavy loads when driving on general-purpose highways of regional significance. The lawyers' task was to protect the client from the claims of the Agency that were neither lawful nor supported by evidence.
Результат	In support of its position, the Agency presented eight statements of overweight over the period from April 2011 to May 2013. In accordance with current laws in the sphere of road management and and weight control of transport vehicles, transport weighing shall be carried out by public officials (for example, officers of the traffic police). Three statements presented for the recovery were not signed by officers of the traffic police, they only had signatures of officers of the weight control service, which is not a public authority. The Commercial Court upheld our position, did not consider the three statements as proper evidence and did not use them to recover payment towards compensation for damage. As a result, around one hundred and thirty thousand rubles were protected from unsubstantiated claims of the Agency.