The article will discuss overtaking through a solid road - a penalty for overtaking, as well as exceptions to this rule. Current legislation makes it a violation to drive into oncoming traffic if there are appropriate markings. Traffic regulations describe in detail all the nuances: the elements of the offense, as well as possible sanctions. As a general rule, driving into a lane intended for oncoming traffic is considered a violation, however, in certain situations established by law, the legislator allows breaking the law.
Intersection of solid markings
Traffic regulations strictly limit the list of situations in which the driver is allowed to pass through the line. If such a case occurs, state coercive measures are not applied.
The established rules allow you to enter the lane intended for oncoming traffic when:
- the width of the roadway is not enough for normal traffic flow, provided that there are no road markings or they are hard to see. In addition, there must be no overtaking sign. When driving like this, priority should be given to oncoming traffic, so drivers leaving their lane are required to yield;
- an insurmountable obstacle that cannot be avoided in any other way. A broken vehicle or any other phenomenon may act as an obstacle, since the list is open. An important requirement is the presence and reality of the obstacle - the driver really should have no other opportunity to continue moving forward. If there was such an opportunity, but it would require a lot of time, sanctions may be applied to the driver.
ATTENTION !!! As in the previous case, the driver is obliged to give way to oncoming traffic and drive around strictly on the left side.
If these rules are violated, liability arises under Part 3 of Art. 12.15 Code of Administrative Offenses of the Russian Federation;
- exit from the courtyard area and turn left. In this situation, there will be an offense only if there is a sign allowing only right turns.
All of the above rules and restrictions do not apply to broken marking lines. According to the traffic rules, the broken line does not impose any restrictions and allows both overtaking and U-turns.
Can I get away with a fine for driving into oncoming traffic in 2021?
Yes, and this is good news for those who drove into oncoming traffic for the first time and are anxiously awaiting punishment. Moreover, the fine can be paid with a 50% discount and then it will cost only 2,500 rubles.
What if I didn't have any fines?
There is a high probability that the rights will not be taken away.
The absence of fines characterizes you as a respectable and responsible driver. This means that, most likely, the highest official of the traffic police will issue a resolution on an administrative fine of 5,000 rubles. But provided that there are no aggravating circumstances - you realized your guilt, were not intoxicated and did not provoke a massive accident.
If paid on time?
Even if you immediately paid the previous fines for the year, this is considered an aggravating factor. But why? But the fact is that the Supreme Court came to such a decision and now, in 2021, lower courts take this factor into account.
Let us explain: if during the year you were punished for the lack of compulsory motor insurance, for the bus lane or for the same oncoming traffic, you paid for them, and now you are caught for driving into the oncoming lane - the court will consider this an aggravating circumstance due to the homogeneity of the offenses (clause 16 of the Resolution of the Plenum of the Supreme Court RF No. 5 of March 24, 2005). And this is where you face the threat of losing your driver’s license. True, even in such a situation, the judge looks at a set of criteria, including those mitigating the punishment. There is still a chance to get away with a fine.
What if the violation was recorded on camera?
Expect a “letter of happiness” with a fine of 5,000 rubles.
Yes, driving into oncoming traffic under a camera will only result in a fine. And it doesn’t matter that you got caught for the second or third time in a year. In this case, the camera will record driving into oncoming traffic, and you will again receive a letter with a penalty in the amount of 5,000 rubles - by virtue of Part 5 of Art. 12.15 Code of Administrative Offenses of the Russian Federation.
Possible sanctions for the offense committed
The Code of Administrative Offenses establishes all sorts of sanctions for violating the rules. In most cases, they can be appointed by an authorized person - a civil servant, and in some cases a court decision will be required.
For crossing a solid line, the following measures of state coercion may be applied to the driver of a vehicle:
- For overtaking and leaving the lane for the first time, the driver will be guaranteed to face an administrative fine in the amount of 5 thousand rubles. or deprivation of the ability to drive a car for a period of 4 months to six months. For repeated violation of Part 4 of Art. 12.15 of the Code of Administrative Violations of the Russian Federation, a driver may be limited in his rights for up to 1 year.
IMPORTANT !!! If the second offense was recorded through technical means (video surveillance), then the maximum punishment cannot exceed a fine of 5 thousand rubles;
- making a left turn associated with crossing a solid line may entail a fine of up to one and a half thousand rubles. This should be considered as driving in the oncoming lane with the creation of interference for other road users, as well as with an increased likelihood of traffic incidents;
- when making a U-turn across a solid line, the driver may be subject to a sanction in the form of restriction of the right to drive a vehicle for a period from 4 months to 6 six months;
- crossing a solid line to complete overtaking involves an administrative fine of up to 1,500 rubles. This basis is significantly different from the beginning of overtaking by driving off the road, since the driver’s initial actions complied with the rules of the road.
ATTENTION !!! It is worth noting that the road surface with marked marking lines and installed signs must necessarily comply with GOST, otherwise it will not be possible to impose a penalty on the driver.
Judicial practice under Article 12.15 of the Code of Administrative Offenses of the Russian Federation:
Decision of the Supreme Court: Resolution N 84-AD16-7 of October 27, 2016 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution N 87-AD16-3 of 12/09/2016 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 5-AD17-22 of May 19, 2017 Judicial Collegium for Administrative Cases, supervision
Decision of the Supreme Court: Resolution No. 48-AD17-3 of April 13, 2017 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 41-AD16-19 of December 16, 2016 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 69-AD17-2 of March 27, 2017 Judicial Collegium for Administrative Cases, supervision
Decision of the Supreme Court: Resolution No. 49-AD16-10 of 07.11.2016 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 48-AD16-8 of 10/14/2016 Judicial Collegium for Administrative Cases, supervision
Decision of the Supreme Court: Resolution No. 11-AD17-2 of April 26, 2017 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 19-AD17-7 of 04/03/2017 Judicial Collegium for Administrative Cases, supervision
- First
- «
- Last
Comments ()
Write a comment
Features associated with vehicles with a speed of less than 30 km/h
Art. 12.15 of the Code of Administrative Offenses of the Russian Federation establishes the obligation of a slow-moving car or other vehicle moving at a speed of no more than 30 kilometers per hour outside populated areas to give way to passing vehicles in order to advance or overtake. The driver must stay close to the right side of the road, but driving off and on the side of the road is prohibited. If the driver of a slow-moving vehicle violates these rules, he may be subject to a fine of 1 to 1.5 thousand rubles.
IMPORTANT !!! At the same time, cars following such a vehicle do not have the right to overtake or advance if this is prohibited by traffic regulations. For violation, according to the Code of Administrative Offences, the right to drive a vehicle can be deprived for a period of up to six months.
In most ordinary situations, traveling outside the continuous border is recognized as an administrative offense and legal liability for it is enshrined in the Code of Administrative Offenses. The maximum penalty is restriction of rights for up to 12 calendar months. However, in some cases it is allowed to deviate from the basic norms and cross a continuous line.
ATTENTION !!! A full list of circumstances is enshrined in the traffic rules. But even in such cases, you should strictly follow the rules, since you can commit offenses provided for in other articles.
Quite often it is possible to cancel a seemingly completely legal fine. For example, if the roadway does not meet all requirements and standards. It can be quite problematic to figure out and prove such nuances on your own, so the best option would be to seek help from a qualified specialist.
Situation 19
Another adaptation of diagrams to the text of the Traffic Rules, which has nothing to do with the real situation. You need to be a great master to start and complete overtaking within the boundaries of a two-lane road.
If you do not take into account this absurdity, then in general the schemes are correct. And it does not present any difficulties in interpretation
Violation of overtaking rules:
11.4. Overtaking is prohibited: at signalized intersections, as well as at uncontrolled intersections when driving on a road that is not the main one;
In all of the above situations, overtaking was committed in violation of traffic rules and liability for these violations is imposed under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation in the form of deprivation of the right to drive a vehicle for a period of 4 to 6 months or a fine of 5,000 rubles in the case of automatic fixation:
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, entails deprivation of the right to drive vehicles for a period of four to six months, and in in the case of recording an administrative offense using special technical means operating automatically, having the functions of photographing, filming, video recording, or means of photographing, filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.
Deprivation of rights for overtaking under a prohibiting sign
Administrative liability is provided for such actions (Article 12.15 of the Administrative Code). What is the fine for overtaking under a prohibitory sign? It can be either in monetary terms, or often deprived of rights for this violation.
In what cases is there punishment?
- If you drive in the oncoming lane or onto tram tracks (point 4), a fine of 5,000 rubles will be imposed. or it is quite likely that you will be deprived of your license for overtaking under a prohibitory sign for four to six months. This penalty will be applied if there is a fact of departure. The inspector determines based on the maneuver data: duration, danger of overtaking, etc., what kind of violation there will be.
- Driving to avoid obstacles will not be assessed as an overtaking maneuver.
- If a vehicle has a sign with a speed limit of thirty kilometers per hour, but it is not a slow-moving vehicle, then when overtaking it, the driver will be deprived of his license as a punishment, due to the fact that the sign does not comply with the rules.
- When crossing a solid line, the punishment will be clear. Only if there are obstacles that cannot be avoided on the right side, the penalty will be assessed in accordance with Part 3 of the article and amount to 1000-1500 rubles. fine
- According to paragraph 5, in case of repeated violation of part 4, deprivation of rights for overtaking under a prohibitory sign 2015 is carried out for one year. If overtaking was detected using special technical means operating in automatic mode, the offender will be fined in the amount of 5,000 rubles.
- If a slow-moving vehicle does not have a sign indicating that the vehicle belongs to this category, it is possible to overtake it, but it will not be so easy to prove this, since there is no specific list that states that the vehicle belongs to this category.
- Overtaking will be allowed if there is a continuous marking line drawn on the road, or a sign prohibiting overtaking in a situation where a slow-moving vehicle is driving in front of the driver.
How to get your license back after a trial for alcohol. Find out how to appeal the revocation of your driver's license here.
Read about deprivation of rights for xenon at the link:
In what cases is overtaking possible, even if there is a prohibiting sign and a solid marking line? There may be several options:
- If there is a slow-moving vehicle ahead with a corresponding triangular sign.
- If the transport is other than slow-moving vehicles that can be overtaken.
In any other cases, if continuous markings are drawn and there is a sign prohibiting overtaking, doing so is strictly prohibited and is punishable by deprivation of rights or imposition of fines, depending on the situation.
How to avoid deprivation of your license for repeatedly driving into oncoming traffic
If a stop occurs for violating Article 12.15 and the inspector leads to the threat of deprivation of rights, however, you are sure that he is wrong, then you need to look at an example of how you can get out of such a situation.
First of all, study in as much detail as possible the protocol drawn up by the traffic police officer, since on the basis of it the right to drive a vehicle will be deprived.
If you have objections to the presentation of a violation or for other reasons, indicate this in the protocol. During the trial, this will be excellent evidence, perhaps even the main one.
An excellent option to confirm the need for action is to photograph or videotape the road conditions under which the driver entered the oncoming lane and other facts that can confirm that the driver was right.
After the violation report has been drawn up and the driver has received a copy of it, he has 10 days to appeal. However, if for some reason he was unable to file an appeal within these days, for a valid reason he can submit an application for restoration of the deadline to the judicial authority.
The main thing you need to pay attention to is the search for evidence and a qualified lawyer, since only a court can make a decision on deprivation of the right to drive a vehicle.
Penalty for driving into the oncoming lane for the first time. Read about judicial practice regarding driving into the oncoming lane here.
Find out about entering oncoming traffic when turning left at an intersection at the following link:
There are the following mitigating circumstances in these situations, which are provided for in Art. 4.2 Code of Administrative Offences:
- If a person committed a traffic violation at a moment of emotional unrest, which was caused by tragic events in life - death of relatives or friends, illness, etc.;
- If the driver repents of his crime;
- Good reputation (a positive reference from the place of work is required) and a good driving history, namely the absence of previously committed administrative offenses;
- Feeling unwell or pregnant at the time of the violation (medical confirmation required);
- If the driver admits his guilt. This may work if he has not previously been in police custody as an active offender and can prove that the move into oncoming traffic was unintentional. The need to drive into oncoming traffic can be caused by poor road conditions, snow-covered markings, or if parked cars limited the ability to maneuver in their lane.
However, it is worth remembering that Art. 2.7 of the Code of Administrative Offenses of the Russian Federation states that driving into the oncoming lane may not be considered a violation if it was caused by an emergency to prevent an emergency situation.
In addition, when preparing for court proceedings, request through the court a draft or traffic management plan with all the signs and markings on the section of the road where the offense occurred. This will help to comprehensively consider the situation and make the most objective decision.
It is recommended to check and ensure that road signs and markings on the road section where the offense occurred comply with GOST R 52289-2004, as well as other regulatory documents and standards.
A big role in this moment is played by the terrain, the maintenance of roads and their repair and documentary evidence of their conditions.
Buildings, the presence of various vegetation on the road, construction and vehicles and their impact on the road situation are relevant to the subsequent adoption of an appropriate decision.
There are excellent ways to refute the information of a traffic police officer and confirm your own. To do this, during legal proceedings, provide basic mathematical calculations that can confirm the current situation on the road section.
They will only once again confirm the linear, temporal and other parameters, as well as the distance based on the actual circumstances of the event.
Thanks to this, there will be a greater chance of convincing the judge that the offense committed was minor. Moreover, in accordance with Part 1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation, such situations confirm the need and condition for driving into the oncoming lane.
Grounds for fines
There are many offenses for which the driver will be held accountable. Advancing is not one of them, since it does not create dangerous conditions if the speed limit and other travel requirements are met. However, motorists face a fine for overtaking if it is carried out at a zebra crossing or within the stop line. If the maneuver started in a pedestrian area and ended there, this is equivalent to a similar violation.
Other grounds include:
- Creating an obstacle to pedestrian traffic;
- Cases when the driver decided to change lanes on a double lane when crossing a zebra crossing;
- Movement on a prohibiting signal;
- Stopping on the side of the road in front of a zebra crossing.
Drivers must not make maneuvers if the appropriate road markers are present. For example, there is a fine for overtaking under a sign that overtaking is prohibited in 2021. You should also not impede the movement of emergency vehicles. If a violation is recorded by automatic cameras or by a traffic police officer, the owner of the vehicle also faces administrative liability.
A fine for overtaking is provided even if:
- There are no people on the zebra crossing or nearby;
- The crossing is located outside the populated area;
- The markings are difficult to see from afar;
- There is no mark dividing the road into lanes;
- A slow-moving vehicle is being overtaken;
- The driver is in a hurry due to emergency circumstances.
