What Article 152⁸ of the Administrative Offences Code regulates
Article 152⁸ of the Code of Administrative Offences of Georgia establishes administrative liability for spilling concrete from a concrete mixer truck onto the carriageway while the vehicle is being driven. It covers situations in which concrete or a concrete mixture leaks from a moving truck mixer and ends up on the roadway, contaminating the surface to such an extent that the movement of vehicles and pedestrians becomes dangerous. Spilled concrete quickly loses its plasticity: the hardened mass effectively becomes part of the road surface, and removing it requires additional expenditure, labour and, frequently, partial closure of the carriageway. Precisely because of this danger, the legislature has given this act the status of a separate administrative offence, and the fines attached to it are considerable. Both natural persons and legal persons may be liable, so the driver of the vehicle and the company that operates it each face their own, distinctly defined amounts.
Which act is treated as an administrative offence
The content of the norm is defined by two essential elements: first, the mixer truck is in the process of being moved; second, it is during that movement that concrete is spilled onto the carriageway. The offence is committed when the mixture escapes from the vehicle and reaches the carriageway. The norm itself does not elaborate on the technical causes — an accidental discharge, a defect of the drum or the operator's carelessness are not singled out, and the article operates with a general formulation. If you or your organisation uses mixer trucks in construction work, it is important that any risk of mixture reaching the road during transit be treated as real and that appropriate preventive measures be taken in time.
The fine for a first offence
Under the first part of the article, spilling concrete from a mixer truck onto the carriageway while the truck is moving entails a fine of 2,500 GEL for a natural person and a fine of 5,000 GEL for a legal person. The amount of the penalty therefore depends directly on who the liable person is: the individual driver or the organisation on whose behalf the equipment is operated. The fine for legal persons is deliberately twice as high, because a company, as a rule, has far greater capacity to control the technical condition of its vehicles and the training of its personnel.
The fine for a repeated offence
The same act committed repeatedly triggers stricter liability: a natural person is fined 5,000 GEL and a legal person 10,000 GEL. The institute of repetition makes it clear that committing the same act a second time amounts to conscious disregard of a prohibition that the offender already knows about, and this is why the fine is doubled relative to the first offence. If your organisation has already once come within the scope of this norm, the only way to avoid a second and increased fine is to genuinely eliminate the causes that led to the violation.
The surcharge when the fine is not paid on time
The note to the article provides an additional financial guarantee: if the fine imposed under the relevant part of this article is not paid within the period determined by the Code, the offender is charged a surcharge equal to the amount of the imposed fine, which means that the total sum effectively doubles. If, within 30 days from the imposition of the surcharge, the fine and the surcharge still remain unpaid, measures to secure payment of the fine and the surcharge are carried out against the offender in the manner established by Georgian legislation. Prompt payment therefore has not only a legal but also a clear economic benefit.
The cost of eliminating the consequences
It should be separately emphasised that the cost of eliminating the consequences of the administrative offence committed under this article is borne in full by the offender. In other words, on top of the fine comes the actual cost of removing the concrete and restoring the condition of the carriageway, which must be calculated by the affected party or the competent agency. The real financial burden may therefore considerably exceed the nominal amount of the fine, which is an additional argument for strict compliance with transportation rules for concrete mixtures. It is also worth remembering that the fine and the cost of eliminating the consequences are assessed separately: paying the fine does not absorb the cost of cleaning up the road, and the two sums may be recovered independently of each other.
How Legal.ge can help you
If administrative proceedings under this article have been started against you, it is important to consult a qualified lawyer in good time. The Legal.ge team will help you assess the factual circumstances of the alleged offence, verify whether the amount of the fine is correct, examine the legality of the surcharge imposed and protect your rights throughout the proceedings. Bear in mind that the accuracy with which the facts are presented and the speed of your reaction often change the content of the final decision. For a detailed consultation, contact us at Legal.ge.