All fines for railway crossings in 2021
A separate point that is highlighted in the traffic rules is compliance with the rules when crossing a railway crossing. This section of the route is more dangerous than a regular road. This is due to the speed experienced by trains and the serious consequences for vehicles and passengers that may be present when colliding with moving trains. Violation of the rules for passing such a section becomes the basis for bringing the perpetrators to justice and imposing fines.
Traffic police fines related to railway crossings
Preventive measures that apply to motorists may be as follows:
a fine for driving through a railway crossing through a red light and other types of signals prohibiting further movement;
punishment for avoiding obstacles or overtaking, if such a maneuver involves the need to enter the oncoming lane;
a fine for stopping or parking both at the crossing itself and at a prohibited distance to it;
punishment for ignoring a stop sign;
penalties for violation of other rules for traveling such a section, which, in particular, include crossing a crossing in an unspecified place.
Driving through a prohibitory traffic light
One of the most common fines for crossing railway tracks that are imposed on motorists is the penalty provided for in Part 1 of Article 12.10 of the Code of Administrative Offenses of the Russian Federation. It is determined for an attempt to pass (suppressed by traffic police officers) or direct passage to a prohibiting signal.
Such signals can be considered:
red traffic light;
a reflection of the ban on further movement, which may be indicated by the traffic controller (the person on duty at the crossing).
The latter situation may occur in the absence of technical means (traffic lights or barriers) or their temporary malfunction.
If you cross a railway crossing contrary to the rules, the driver will be held accountable and will have to pay a fine of 1 thousand rubles. As an alternative method of punishment, deprivation of rights for a period of 3 to 6 months may be applied.
Overtaking and detour
Overtaking at a railway crossing, as well as avoiding obstacles and entering oncoming traffic, is a prohibited maneuver. This prohibition is related to the content of the following paragraphs of the current version of the traffic rules:
clause 15.3, which prohibits driving around obstacles (vehicles) into oncoming traffic immediately before the crossing;
clause 11.4, which prohibits overtaking both on the crossing itself and at a distance closer than 100 meters in front of it.
Penalties in case of detour and overtaking contrary to traffic rules:
a fine of 1 to 1.5 thousand rubles (part 3 of article 12.15 of the Code of Administrative Offenses of the Russian Federation). The driver will pay this amount if he drives into the oncoming lane while avoiding an obstacle;
if the vehicle was overtaken in an oncoming lane, the fine will be 5 thousand rubles, an alternative punishment is deprivation of rights for a period of 4 to 6 months (part 4 of article 12.15 of the Code of Administrative Offenses of the Russian Federation);
if overtaking is repeated at a crossing - a fine of 5 thousand rubles (if recorded by a camera) or deprivation of rights for a period of 1 year (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).
Stop at a crossing
According to clause 12.4 of the Traffic Regulations, railway crossings belong to the category of places where it is strictly forbidden to stop moving or park. There are penalties for such actions.
Stopping at a railway crossing will not constitute a violation only if certain circumstances were present. These include reasons related to the health of the motorist or the technical condition of the car. In accordance with clause 12.5 of the traffic rules, parking is prohibited in those places where stopping is prohibited (applicable to the situation under consideration, this is the crossing itself), as well as closer than 50 meters from it.
The penalty in case of non-compliance with the above requirements will be similar to driving through a prohibitory signal - a fine of 1 thousand rubles or deprivation of rights for a period of up to 6 months. This is provided for in Part 1 of Article 12.10 of the Administrative Code). For repeated violation - deprivation of rights for 1 year (Part 3 of Article 12.10 of the Administrative Code).
Crossing tracks without stopping
What will be the risk of crossing railway tracks without stopping and why is this a violation? Almost every such section is equipped with a “stop” sign for safety purposes, indicating the need for a short-term stop (without turning off the engine). In this case, the rules dictate:
stop just before the stop line, if present;
stop in front of the road sign itself to make sure that there is no moving train.
The fine for railway crossing without stopping is determined in accordance with Article 12.10 (Part 2) of the Code of Administrative Offenses. It is 1 thousand rubles.
Controversial situations
Violating the rules for crossing a railway crossing may involve some controversial issues in which the motorist does not agree that he has committed an offense. As an example, consider the following cases.
If the barrier began to lower or the red light turned on after the motorist entered the territory, his actions cannot be considered a violation. In such a situation, the driver should move through the area as quickly as possible to avoid a collision with a passing train.
If there is a car malfunction that caused a stop at a crossing, it is also unacceptable to impose punishment on the motorist. In such a situation, measures should be taken to ensure that all passengers get out of the car and the car itself is removed from the tracks as soon as possible.
If a motorist has already started moving through the crossing (provided the red light is on), and a traffic jam has formed behind him, he should drive forward as quickly as possible - such a maneuver also cannot be considered a violation.
In any situation when a traffic police officer or automatically (based on the recording of an installed video surveillance camera) charges a traffic violation, the driver may disagree and in response provide arguments and evidence on the basis of which prosecution will not occur.
How to pass a railway crossing correctly
The basic rules to follow when crossing such an area are as follows:
when approaching, you must be guided by the requirements of established signs, traffic lights, markings and the duty officer;
at the entrance to the crossing, you should make sure that there is no train that may be approaching;
You cannot drive onto the tracks if there are prohibiting signals or if there is a traffic jam that has formed immediately after the crossing;
It is strictly forbidden to try to open the barrier yourself;
You cannot overtake cars at crossings;
if it is necessary to stop due to a passing train and there is no traffic light, markings or signs, the minimum distance between the nearest rail and the car should be 10 meters;
If there is a forced stop and it is impossible to immediately remove the car from the tracks, it is worth sending people in both directions (from where the train may be approaching) who, through warning signals, can inform the driver that there is an obstacle on the rails.
A railway crossing is a rather dangerous section of the road, where violation of traffic rules is fraught with irreversible consequences. Only strict adherence to traffic rules will help the driver avoid being held accountable and creating an emergency situation that could lead to a collision between the car and a train moving at high speed.
How will the driver be punished?
According to Art. No. 12 of the Administrative Code of the Russian Federation, a motorist who passes a railway crossing with a prohibitory signal faces the following.
- A fine for driving a railway crossing on a red line in the amount of 1 thousand rubles - if the violation was committed by the driver for the first time.
- Deprivation of rights for a period of 3 to 6 months is an alternative punishment that can be applied instead of a fine.
- A fine of 5 thousand rubles or deprivation of rights for 1 year - for repeated violation. Let us remind you that a repeated violation is a violation that the driver committed within one year from the date of the first one.
In practice, drivers who get caught for the first time usually manage to get away with a fine; their licenses are taken away extremely rarely. Decisions on deprivation of rights can only be made by the court - it is problematic to imagine a situation in which everyone who drives through a red light would be summoned to court proceedings. But if the driver has committed a repeated violation, he should be concerned - the prospect of losing his license for a long period is no longer so remote.
The fine for crossing the railway with a prohibitory signal is one of those that motorists can pay with a 50% discount - if they show promptness and meet it within 20 days.
Review of traffic police fines at railway crossings in 2020
About railway crossings in traffic rules
Rules for the passage of railway crossings contain the term “Railway crossing”:
“Railway crossing” is the intersection of a road and railway tracks at the same level.
The requirements are set out in section 15 of the Rules and consist of five points. All of them will be cited in this article. You can also look them up in the text of the Road Traffic Rules.
Traffic police fines are established by Article 12.10 of the Code of Administrative Offenses of the Russian Federation, which consists of three parts and part four of Article 12.15.
Deprivation of rights from 3 to 6 months or a fine of 1000 rubles
12.10.1. Crossing a railway track outside of a railway crossing, entering a railway crossing when the barrier is closed or closing, or when there is a prohibiting signal from a traffic light or the person on duty at the crossing, as well as stopping or parking at a railway crossing - shall entail the imposition of an administrative fine in the amount of one thousand rubles or deprivation of the right to drive vehicles. for a period of three to six months.
In order, the requirements of the Rules that will be violated.
Crossing a railway track outside a railway crossing - clause 15.1.
15.1. Drivers of vehicles can cross railway tracks only at level crossings, giving way to a train (locomotive, handcar).
Entering a railway crossing when the barrier is closed or closing, or when there is a prohibiting signal from the traffic light or the crossing officer on duty - clause 15.3, requirements 1 - 3.
15.3. It is prohibited to enter the crossing: when the barrier is closed or beginning to close (regardless of the traffic light signal); when there is a prohibiting traffic light signal (regardless of the position and presence of the barrier); when there is a prohibitory signal from the person on duty at the crossing (the person on duty faces the driver with his chest or back with a baton, a red lantern or flag raised above his head, or with his arms extended to the side);
Stopping or parking at a railway crossing - clause 12.4, requirement 2.
12.4. Stopping is prohibited: ... at railway crossings, in tunnels, as well as on overpasses, bridges, overpasses (if there are less than three lanes for traffic in a given direction) and under them;
Clause 12.5 requirements 1 and 3.
- 12.5. Parking is prohibited: in places where stopping is prohibited;
- …
- closer than 50 m from railway crossings.
For these violations, the driver will be deprived of his license for 3 to 6 months or a fine of 1,000 rubles. It is at the discretion of the inspector to impose a fine or take the case to court. By decision of the court, both deprivation of rights and imposition of a fine are possible. The fact that the case has been sent to court does not mean that the driver will necessarily be left without a driver's license.
Deprivation of rights from 4 to 6 months or a fine of 5,000 rubles
4. Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for in Part 3 of this article, shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for period from four to six months.
Driving into the oncoming lane when passing railway crossings is prohibited:
Clause 15.3 requirement 8.
In addition, it is prohibited to: drive around vehicles standing in front of the crossing into oncoming traffic;
Clause 11.4 requirement 3.
11.4. Overtaking is prohibited: ... at railway crossings and closer than 100 meters in front of them;
Deprivation of rights for 1 year
Repeated violation , committed within one year, of one of the above-mentioned rules entails deprivation of the right to drive for one year (part 3 of article 12.10 of the Code of Administrative Offenses of the Russian Federation, part 5 of article 12.15).
Fine 1000 rubles
2. Violation of the rules for passing through railway crossings, except for the cases provided for in Part 1 of this article, shall entail the imposition of an administrative fine in the amount of one thousand rubles.
All not mentioned above do not provide for deprivation of the right to drive for violations when passing a railway crossing. Let's quote section 15 of the Traffic Rules in full and delete the deprivation clauses from it.
15.1. Drivers of vehicles can cross railway tracks only at level crossings, giving way to a train (locomotive, handcar).
15.2. When approaching a railway crossing, the driver must follow the requirements of road signs, traffic lights, markings, the position of the barrier and the instructions of the crossing officer and make sure that there is no approaching train (locomotive, railcar).
15.3. It is prohibited to travel:
- when the barrier is closed or starting to close (regardless of the traffic light signal);
- when there is a prohibiting traffic light signal (regardless of the position and presence of the barrier);
- when there is a prohibitory signal from the person on duty at the crossing (the person on duty faces the driver with his chest or back with a baton, a red lantern or flag raised above his head, or with his arms extended to the side);
- if there is a traffic jam behind the crossing that will force the driver to stop at the crossing;
- if a train (locomotive, handcar) is approaching the crossing within sight.
In addition, it is prohibited:
- drive around vehicles standing in front of the crossing into oncoming traffic;
- open the barrier without permission;
- transport agricultural, road, construction and other machines and mechanisms through the crossing in a non-transport position;
- without the permission of the head of the railway track, the movement of low-speed vehicles whose speed is less than 8 km/h, as well as tractor drag sleds.
15.4. In cases where movement through the crossing is prohibited, the driver must stop at the stop line, sign 2.5 or traffic light; if there are none, no closer than 5 m from the barrier, and in the absence of the latter, no closer than 10 m to the nearest rail.
15.5. When forced to stop at a crossing, the driver must immediately unload people and take measures to clear the crossing. At the same time, the driver must:
- if possible, send two people along the tracks in both directions from the crossing 1000 m (if one, then in the direction of the worst visibility of the track), explaining to them the rules for giving a stop signal to the driver of an approaching train;
- stay near the vehicle and give general alarm signals;
- When a train appears, run towards it, giving a stop signal.
These are violations for which only a fine of 1000 rubles is provided.
Features of qualification when stopping at a crossing
Those who were attentive noticed seemingly contradiction in imposing responsibility for stopping at a crossing.
Stopping is prohibited: at railway crossings...
Provides for the deprivation of rights, but the prohibition to stop in a traffic jam is not deleted from the quotation of the 15th section.
It is prohibited to drive to a crossing: if there is a traffic jam behind the crossing that will force the driver to stop at the crossing;
It is not difficult to guess in which direction such a “contradiction” will be interpreted by the inspector. He will write in the decree the deprivation part 1 of article 12.10. An untrained driver will agree to the violation.
Remember, stopping traffic in a traffic jam is not a stop . When you are issued such a decree, do not agree and demand that a protocol be drawn up.
For more information about stopping and stopping, see this material.
Reclassification of such a violation will not be difficult. If the inspector is told before compiling the material that his classification of the violation is incorrect, then he will most likely issue a fine corresponding to the violation, that is, only 1000 rubles without the alternative of deprivation.
The nuances of imposing a fine for driving through a prohibiting signal
On roads with heavy traffic of trains and vehicles, there is a chance of falling into a trap and getting a fine for driving through a crossing at a prohibitory signal. How it works?
As you know, there is no warning signal at the traffic light at the railway crossing. And in heavy traffic, the red light may turn on when your car has already crossed the visibility zone of the traffic light. Traffic lights work synchronously.
On the opposite side of the crossing, an accident patrol with photo recording is located and takes pictures of the car entering the crossing and the red signal from the oncoming direction. The camera angle is set in such a way that it is not visible whether there is a car before or after the traffic light. From which it is concluded that the passage was carried out in response to a prohibitory signal.
with a narrow viewing angle can save you from falling into such a trap . Wide-angle recorders “see” much wider than the human eye
Changes in fines for railway crossings in 2021
The State Duma is considering a bill that would increase the amount of the fine from 1,000 to 5,000 rubles. There are no plans to change the terms of deprivation.
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Fines for violating railway crossings
A railway crossing is a high-risk area. The Road Traffic Rules (TRAF) of the Russian Federation prescribe a clear algorithm for the driver’s actions when crossing this zone. And the “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195-FZ (Administrative Code of the Russian Federation) regulates the punishment for their violation.
Fine for running a red light
Passing a railway crossing at a red light, even if the train has already passed or the barrier has just begun to rise, is prohibited (Article 15.3 of the Russian Traffic Regulations).
For a violation that does not entail serious consequences, depending on the degree of danger of the maneuver for others, a
- a fine of 1000 rubles or
- deprivation of driver's license for 3-6 months. (Article 12.10 Part 1 of the Code of Administrative Offenses of the Russian Federation).
For a repeated violation, when 12 months have not passed since the first violation -
- a fine of 5,000 rubles or
- confiscation of a driver's license for 1 year (Article 12.10 Part 3 of the Code of Administrative Offenses of the Russian Federation).
Stopping at a railway crossing
Stopping at a railway crossing is prohibited (Article 12.4. Traffic rules of the Russian Federation). As well as parking closer than 50 m from railway crossings (Article 12.5. Traffic rules of the Russian Federation). You also cannot go to a railway crossing when there is a traffic jam behind it, due to which you will have to stop at the crossing (Article 15.3. Traffic rules of the Russian Federation). The punishment is
- a fine of 1000 rubles or
- deprivation of a driver's license (DL) for 3-6 months (Article 12.10 Part 1 of the Administrative Code of the Russian Federation).
For repeated failure to comply with the rules, you can lose your license for 1 year (Article 12.10 Part 3 of the Administrative Code of the Russian Federation).
If you are forced to stop as a result of force majeure, for example, a breakdown of your car or the one in front, be sure to act correctly (Article 15.5 of the Russian Traffic Regulations):
- disembark passengers;
- take possible measures to clear the tracks;
- if possible, send people along the tracks 1000 m in both directions from the crossing to give a stop signal to the train driver;
- stay by the vehicle and sound a general alarm (a series of 1 long and 3 short beeps);
- when a train appears, give a stop signal: a circular movement of the hands (with a noticeable object or flashlight).
Detour and overtaking at railway crossings
Overtaking is when the driver moves ahead of other vehicles, usually with an increase in speed, in the oncoming lane and then returns to the previous lane. A detour involves a maneuver with a change of lane, provided that the lane along which the driver was moving is blocked by something.
At railway crossings and closer than 100 meters in front of them, overtaking is prohibited (Article 11.4 of the Traffic Regulations). Detour is also prohibited. But in terms of punishment, these violations differ (Article 12.15 of the Code of Administrative Offenses of the Russian Federation):
- a fine of 1000-1500 rubles (if the driver drove around an obstacle and entered the oncoming lane)..
Overtaking another vehicle at a railway crossing may result in
- a fine of 5,000 rubles, but more often -
- deprivation of driving license for 4-6 months.
If you commit a second offense, you will be deprived of your license for a year.
- If overtaking was accomplished without entering the oncoming lane, then it is interpreted as an advance. The protocol must indicate that the number of lanes at the crossing was 2 or more in one direction. If necessary, you can request that the width of the crossing be measured.
- Overtaking is allowed immediately after a railway crossing if there are no prohibiting markings or signs there.
Features and controversial issues
1. If the driver is forced to stop at a railway crossing, for example at a multi-track crossing of more than 7 meters in length, when the car ahead suddenly stops, you can fall under Part 2 of Art. 12.10 Code of Administrative Offenses of the Russian Federation and receive a fine of 1000 rubles. To avoid it, the protocol must indicate the forced stop due to a sudden obstacle to traffic. And the fact that the driver took the necessary measures provided for in clause 15.5. Traffic rules of the Russian Federation.
2. The final punishment determined by the court may be influenced by mitigating circumstances (Part 1 of Article 4.2 of the Code of Administrative Offenses of the Russian Federation), which must be indicated in the petition if the case goes to court:
- strong emotional disturbance due to personal circumstances;
- remorse of the offender;
- prevention of harmful consequences by the offender;
- commission of an offense by a pregnant woman or a woman with a young child (under 14 years of age).
Crossings must be equipped with security cameras. In court, video recordings and testimony of the crossing officer are given priority.
3. If driving through a railway crossing is prohibited, you need to stop the car at a STOP sign, stop line, or traffic light. If they are not there, 5 m before the barrier. If he’s not there either, 10m away. from the nearest rail (clause 15.4. Traffic regulations). If you have passed this mark before the prohibitory signal appears, you cannot reverse (Section 8.12. Traffic Regulations). You can try to mitigate a fine of 1,000 rubles for violating the rules by writing in the protocol that the barrier was open and the permit signal was on.
REFERENCE. 1. A fine for violating traffic rules can be paid with a 50% discount if done within 20 days after receiving it. With the exception of the minimum fine (500 rubles) and fines for gross violations (driving while intoxicated, running a red light, etc.). 2. If the amount of debts for fines exceeds 10,000 rubles, the validity of the license may be suspended. In the traffic police database, the driver's license will be listed as temporarily invalid.
Continuing to drive with them you can fall under Part 2 of Art. 12.7 Code of Administrative Offenses of the Russian Federation and receive
- a fine of 30,000 rubles,
- 15 days of arrest,
- 100-200 hours of mandatory work.
Tatyana – Reply
Cool, of course) But there is no CLEAR algorithm of action if the driver drove into a crossing - the red light was not on, but turned on when the car was ALREADY at the crossing. The barriers are not closed yet. What to do? There's no going back. You can't stop. And ahead are traffic cops with home preparations (they say you crossed a railway crossing at a red traffic light) to revoke your license... And what should the unfortunate driver do? Rely on the mercy of the judge? Is it possible to leave a crossing when it turns red?
Evgeniya – Reply
Tatyana, if a vehicle starts moving through a railway crossing when the crossing signal (traffic light) is clear and while moving through the crossing the red signals come on, the movement should continue, because the maneuver that was being performed needs to be completed.. And there will be no fines for this there won’t even be a trafficker in front of you. or the president himself))
Ekaterina – Reply
And in such a situation, there will be no fines either: Dad was passing a railway crossing. And there were pedestrians on it. Dad stopped to let them through. While he was passing, the red light came on. Dad couldn’t go back anymore, so he went forward.
What is the penalty for this violation?
The law currently provides for several sanctions for those who violate traffic rules at railway crossings. But if it is necessary to use them, it is recommended to take into account the road situation and circumstances that may be extenuating. Regulation of a crossing can be carried out in different ways - for example, a traffic light or barrier can be installed for this purpose, and a traffic controller can also control the traffic.
If the rules regarding railway crossings are violated, the driver faces a fine or restriction of the right to drive a car. The severity of the punishment is determined depending on the nature of the violation.
It is prohibited to pass a railway crossing when the traffic light is red, even in cases where the barrier is just starting to move or the train has already passed. If the offense committed does not entail serious consequences for others, the driver, according to Article 12.10 of the Administrative Code (Part 1), will be fined 1000 rubles or deprived of the opportunity to drive a car for a period of 3 to 6 months.
You can also get a fine because the driver stopped on the rails. The decision on punishment is made by the court, based on the materials provided in the case.
What happens when crossing railroad tracks again when there is a traffic light?
If no more than a year has passed since the first violation, and the driver is caught again for the same violation, the punishment this time will be harsher. The driver's license is confiscated for a period of 12 months (according to Article 12.10 of the Administrative Code, Part 3). Find out what the punishment is for repeatedly running a red light, including for repeatedly crossing railway tracks, in a separate article.
Fine for violating the rules for crossing railway tracks or highway traffic rules
The penalty for crossing railway tracks when the barrier is closed or closing, or at a red light is a fine of 1000 rubles or deprivation of rights. For stopping or parking at a crossing - the same.
As for the highway, for stopping outside special places, for trucks moving beyond the second lane - a fine of 1000 rubles. For turning around on a highway, driving into technological gaps in the dividing strip, or driving in reverse - a fine of 2,500 rubles.
Text of Article 12.10, 12.11, 12.33 of the Administrative Code.
Article 12.10 Violation of traffic rules across railway tracks.
1. Crossing a railway track outside a railway crossing, entering a railway crossing when the barrier is closed or closing, or when there is a prohibiting signal from a traffic light or the crossing officer, as well as stopping or parking at a railway crossing.
A fine of 1,000 rubles or deprivation of the right to drive vehicles for a period of three to six months.
2. Violation of the rules for passing through railway crossings, except for the cases provided for in Part 1 of this article.
A fine of 1000 rubles.
3. Repeated commission of an administrative offense provided for in Part 1 of this article.
Deprivation of the right to drive vehicles for a period of one year.
Article 12.11 Violation of traffic rules on a highway.
Fine for railway crossing
Fines Online > Types of fines > Fine for railway crossing
A driver who violates the rules of movement in areas of railway crossings will be punished quite severely and will have to pay a considerable fine. Although a situation may arise when there is no one to fine: both the driver and passengers will die.
Therefore, the car owner needs to know whether it is possible to overtake at a railway crossing, stop in this zone, or drive through railway tracks if the red signal is on. It also provides information about penalties for violating the above rules.
Standards of traffic regulations regarding traffic in the railway track area
Drivers are required to exercise extreme caution within the railroad tracks to avoid a fatal collision.
What is especially dangerous here is that the driver sometimes cannot and does not have the right to move backwards. That is why it is always necessary to reduce speed at a crossing, and you need to cross paths carefully and leisurely, without stopping.
The signals of traffic lights and semaphores should not be overlooked, and color changes should be taken into account in a timely manner. You should also not try to overtake 150-200 m before the crossing. These rules must be followed unquestioningly, then a disaster will not occur in the railway crossing area.
Punishment for crossing a railway crossing in violation of the rules
Although the traffic rules list the main, standard situations, some nuances still remain in question. Most often, traffic police inspectors note such violations.
Situation one. The driver stops at a crossing. Maybe this person has not yet gained experience, since quite recently he was a cadet at a driving school.
On the other hand, transport can break down at the most inopportune moment - at a railway crossing. In such cases, the person driving is fined 500 rubles.
Situation two. The citizen decided to go around the obstacle at the crossing or overtake. At the same time, he drives into the oncoming lane. They will punish you and impose a fine of 5 thousand rubles.
But avoiding the obstacle is “estimated” lower - at 1.5 thousand rubles. fine But if the driver drove around an object or pothole that appeared on the road in his lane, there is no fine for this.
Situation three. The crossing duty officer presents prohibitory signals. They can also come from a traffic light. But the driver does not react properly and crosses the crossing. Then he will be deprived of his driver's license for a period of up to 6 months.
Useful tips
Practice shows that in rare cases, when trying to cross a railway track, the vehicle in front is able to brake sharply; some car owners even stop. Then the car following is also forced to brake. But stopping at a crossing is a chance to lose your license.
If the crossing is made through a single-track road, then it is advisable to wait until the car in front finally crosses the railway track. You can follow him yourself.
What if there is a multi-path crossing ahead? What to do in such situations? It is impossible to drive further, and the traffic inspector is already rushing to the unwitting rule violator with a protocol form. Then in the protocol you should make a note about your disagreement with the inspector’s conclusions and indicate in a nutshell why you had to stop at the crossing.
The driver’s note must remain in the protocol stating that:
- the inspector interprets events incorrectly;
- the stop turned out to be forced (clause 2 of article 12.10 of the Code of Administrative Offenses of the Russian Federation);
- there is an obstacle ahead;
- the driver took precautions (Section 15.5 of the Traffic Regulations).
The court will most likely side with the driver. In this case, he will have to pay a fine of 1 thousand rubles, but he will not be deprived of the right to drive a vehicle.
Extenuating circumstances
Circumstances are taken into account that do not completely relieve the driver of responsibility, but reduce the degree of his guilt.
- Family and personal negative situations brought the driver to an inadequate state. Of course, this factor will have to be confirmed.
- The person who violated the traffic rules repented. The judge will decide whether the repentance is sincere. By the way, if similar offenses have already taken place, repentance is unlikely to be believed.
- The driver, making the crossing in the wrong way, suddenly realized the consequences for those around him. He independently took measures to correct the situation and prevent a disaster.
Naturally, doing without litigation would be best. And yet, if you have to go to trial, you need to correctly draw up a petition and indicate in the document circumstances that can mitigate the guilt (Article 4.2 of the Code of Administrative Offenses of the Russian Federation).
Read the fine for leaving the scene of an accident in 2021 without injuries, read here.
Video: Fine for violation at a railway crossing
Controversial situations during the passage of a railway crossing
In some situations, a driver may stop at a crossing in violation of traffic rules against his will. For example, if the car driving ahead stops at a crossing unexpectedly for the driver behind him, he has no choice but to stop in the same way.
Moreover, if the railway tracks have one track and the length of the crossing is no more than seven meters, the driver can stop without leaving the track and wait until the car creating the obstacle leaves the crossing.
But if the crossing is multi-track and its length, accordingly, is more than 7 m and does not allow stopping in advance, such a stop is interpreted as a violation of Part 2 of Art. 12.10 of the Code of Administrative Offenses of the Russian Federation and is punishable by an administrative fine in the amount of 1,000 rubles. or, if the violation is committed repeatedly, it is punishable by deprivation of the right to drive a vehicle for a period of up to one year.
If the traffic police inspector draws up a protocol according to which the driver is a violator, the driver is not obliged to sign it unconditionally.
In the driver's license, indicate in the protocol that the stop was forced due to the occurrence of an obstacle in the form of a vehicle in front that stopped at the crossing, the driver took all precautions provided for in clause 15.5 of the Traffic Rules, dropped off passengers and took measures to clear the crossing and Accordingly, the inspector interprets this violation incorrectly.