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.