Hitting a solid road when turning left: deprivation or fine?

Types of lane signs

“Driving in lanes” signs are a whole set of indicators indicating in which direction the driver can go. They are similar to each other: each has a white arrow on a blue background.

The traffic rules give a brief definition of these signs, but more precise information on their use and meaning is contained in GOST 52289-2004:

Number	Meaning
5.15.1	They determine the direction at intersections and roundabouts, where high traffic intensity requires it. They indicate from which lane you are allowed to turn right or left, turn around, or go straight. They regulate only traffic flows in one direction.
5.15.2
5.15.7	Shows the direction of travel if the road has an unequal number of opposite lanes or there are more than 4 of them. A sign with two arrows is often placed in areas where it is not always intuitive which direction it is allowed to go.

Rules for moving vehicles

In general, the driver is prohibited from moving in the oncoming lane, as well as turning around and turning through double and single continuous markings. On a 3-lane road, the center lane is used for driving in both directions, overtaking, turning left and making U-turns. These maneuvers cannot be performed from the outer lanes.

How to move correctly within the boundaries of populated areas:

You are allowed to drive in any lane in your direction. In heavy traffic, change lanes only to turn, make a U-turn, or go around an obstacle in order to find a parking or stop space (not to overtake).
You can occupy tram tracks in your own direction, but only in heavy traffic (when other rows are filled with cars), for U-turns, turns and detours. In any case, you must not obstruct the tram. Signs 5.15.1/2 posted in front of intersections do not allow exit on the path.
Do not cross solid lines between rows, change lanes only in areas with intermittent markings.
Avoid driving directly from the turning lane and vice versa.

Special requirements apply for driving on country roads:

You should drive as close to the right side of the road as possible, maintaining the distance between the lanes;
Do not occupy the left lane when the right one is free.

Violation of markings when turning left does not entail liability under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation

P O S T A N O V L E N I E

<data withdrawn> April 18, 2021

The deputy chairman of ... of the regional court ..., having considered the complaint ... against the decision of the magistrate ... of the judicial district of the ... judicial district <data taken> from <data taken> and the decision of the ... city court <data taken> from <data taken> in a case of an administrative offense provided for in Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation in relation to ...,

U S T A N O V I L:

By the decision of the magistrate ... judicial district ... judicial district <data withdrawn> from <data withdrawn>

..., <data taken> year of birth, native of <data taken>, living at the address: <data taken>,

found guilty of committing an administrative offense under Part 4 of Article 12.15 of the Code of the Russian Federation on Administrative Offenses, and he was given an administrative penalty in the form of an administrative fine in the amount of 5,000 rubles.

By the decision of the ... city court <data withdrawn> from <data withdrawn> the decision of the magistrate was left unchanged.

In a complaint filed in accordance with Articles 30.12-30.14 of the Code of Administrative Offenses of the Russian Federation, ... asks to cancel court decisions and terminate the proceedings due to the absence of an administrative offense in his actions. Refers to the fact that the courts of two instances, when considering the case, violated the norms of substantive and procedural law.

Having checked the correct application of the rules of substantive and procedural law in the case, based on its materials and the arguments of the complaint, I come to the following conclusion.

The courts of two instances established that the driver ... <data taken> in ... on <data taken> while driving a vehicle..., followed <data taken> towards <data taken>, at the building..., entered the lane, intended for oncoming traffic, with the intersection of the double solid marking line 1.3 of Appendix N 2 of the Russian Federation Traffic Regulations, thereby violating clause 1.3 of the Russian Federation Traffic Regulations.

Responsibility provided for in Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, occurs in the event of driving in violation of traffic rules into 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.

Horizontal markings (lines, arrows, inscriptions and other markings on the roadway) establish certain modes and order of movement.

According to Appendix 2 to the Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation No. 1090, horizontal markings 1.3 separate traffic flows in opposite directions on roads with four lanes or more.

To confirm guilt... of committing an offense, the courts referred to the administrative violation protocol, photo table, and marking location diagram.

At the same time, the fact of committing... an administrative offense under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, is not confirmed by the totality of evidence available in the case materials.

From the protocol on the administrative offense it is seen that the guilt ... is charged with violating the requirements of markings 1.3 of the Traffic Regulations of the Russian Federation separating traffic flows in opposite directions when turning left, since following the <data taken> from <data taken> there is a turn to the left.

So from the photographs it can be seen that ... made a left turn crossing marking 1.3 of Appendix No. 2 of the Russian Traffic Regulations, without reaching the intersection. Under such circumstances, the conclusion of guilt ... of committing an administrative offense under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation is unfounded.

By virtue of the provisions of Part 1 of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established.

Clause 1.3 of the Traffic Rules of the Russian Federation stipulates that road users are required to know and comply with the requirements of the Rules, traffic lights, signs and markings related to them.

When making a left turn maneuver on a two-way road with four or more lanes, crossing the double solid marking line 1.3 of Appendix No. 2 of the Traffic Regulations of the Russian Federation ... did not commit an administrative offense under Part 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation.

Crossing the road marking line 1.3, when turning left, he violated the road marking requirements. Under such circumstances, the actions ... contain signs of an administrative offense under Part 2 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation, namely, turning left in violation of the requirements prescribed by the markings of the roadway.

According to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated <data taken> N 18 “On some issues that arise for courts when applying the Special Part of the Code of the Russian Federation on Administrative Offences”, the driver’s actions related to turning left or making a U-turn in violation of the requirements of road signs or markings constitute the objective side of the administrative offense provided for in Part 2 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation. For example, violation by the driver, when carrying out these maneuvers, of the requirements prescribed by: markings 1.1, 1.3, 1.11, 1.18; road signs 4.1.1 “Moving straight”, 4.1.2 “Moving right”, 4.1.4 “Moving straight or right”, 3.18.2 “Turning left is prohibited”, 3.19 “Turning is prohibited”, 5.15.1 “Driving directions along lanes", 5.15.2 "Directions of movement along the lane", 6.3.1 "Place for a turn", 6.3.2 "Area for a turn".

From the case materials it follows that the driver... <data taken> at 10:55 am at <data taken> while driving a vehicle....followed along <data taken> towards <data taken>, at the building..., when turning to the left, crossed the double solid marking line 1.3 of Appendix N 2 of the Russian Traffic Regulations.

In his explanations during the trial ... indicated that he made a left turn at the intersection <data taken>.

In paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated <data taken> N 5 (as amended from <data taken> N 23) “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offenses” it is stated that if During the consideration of the case, it is established that the protocol on an administrative offense contains an incorrect classification of the offense committed, the judge may reclassify the actions (inaction) of the person to another article, which provides for the elements of the offense, having a single generic object of encroachment.

In accordance with Part 2 of Art. 12.16 of the Code of Administrative Offenses, turning left or making a U-turn in violation of the requirements prescribed by road signs or markings of the roadway - entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.

This norm has a single generic object and, in terms of punishment, improves the position of the person subject to administrative liability, since the sanction of Part 2 of Art. 12.16 is softer than the sanctions of Part 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation.

Under such circumstances, the contested decision of the magistrate and the subsequent decision of the city court are subject to change in terms of qualification of the offense committed by him from Part 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation on Part 2 of Art. 12.16 Code of Administrative Offenses of the Russian Federation.

Taking into account the circumstances and nature of the administrative offense committed, personal data ..., and also taking into account Art. Art. 3.1, 3.5 and 4.1 of the Code of Administrative Offenses of the Russian Federation, I believe it is possible to assign ... y, within the sanction of Part 2 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation, administrative punishment in the form of an administrative fine in the amount of 1000 rubles.

Based on the above, and guided by clause 2, part 2, art. 30.17 Code of Administrative Offenses of the Russian Federation,

P O S T A N O V I L :

resolution of the magistrate ... judicial district of the ... judicial district <data taken> from <data taken> and the decision of the ... city court <data taken> from <data taken> in the case of an administrative offense under Part 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation in relation to..., amend.

Reclassify the administrative offense committed ..., from Part 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation on Part 2 of Art. 12.16 Code of Administrative Offenses of the Russian Federation.

Find... guilty of committing an administrative offense under Part 2 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation, and impose an administrative penalty on him in the form of an administrative fine in the amount of 1000 rubles.

The rest of the decision of the magistrate ... of the judicial district of the ... judicial district <data withdrawn> from <data withdrawn> and the decision of the ... city court <data withdrawn> from <data withdrawn>. leave unchanged.

Deputy Chairman of the Court...

Current fine amounts

The following situations are in one way or another connected with a violation of the row and therefore a fine is always imposed for actions in this way. Current penalties today:

Action, maneuver	Article of the Administrative Code	Collection amount, rub.
Violation of the rules for driving in lanes contrary to signs or markings	12.16 p.m. 1	500 (or warning)
Rotate or pivot through continuous markings	12.16 p.2	1000–1500
Driving on a 1-lane road in the opposite direction	12.16 h. 3	5000 (or deprivation of rights for 4–6 months)
The same thing, committed twice or more times within a year after repayment of the penalty for the first	12.16 hours 3.1	Imprisonment for a year (for a cell - collection of 5 thousand rubles)
Entering the oncoming lane to avoid obstacles	12.15 h. 3	1000–1500
Driving into oncoming traffic in other cases	12.15 h. 4	5000 (or withdrawal of driving license for 4–6 months)
The same thing done a second time	12.15 h. 5	Imprisonment for a year (for a cell - collection of 5,000 rubles)

What kind of overtaking will happen in the area of the sign?

Part 9.2 of the Russian Traffic Regulations states that overtaking in the oncoming lane is not allowed if the opposite rows are separated from each other by continuous double or single markings, or there is a prohibitory sign. Such a dangerous maneuver will result in a fine of 5,000 rubles for violating traffic in lanes under Article 12.15 Part 4 of the Code of Administrative Offences. or withdrawal of rights for 4–6 months. A secondary offense will definitely lead to deprivation of rights for 1 year, and if it was recorded by a camera, to a penalty of 5 thousand rubles.

As a rule, on roads with multi-flow traffic, signs are combined with markings. However, the traffic police warns that if there are no lines on the road, you should only follow the sign to determine the number of rows and direction of movement. The sign does not replace the markings. What does it mean?

Sign 5.15.7 can be installed on a road with two opposite lanes where the direction of flow is not always intuitive. This sign has two arrows (one pointing down, one pointing up) separated by a continuous white line. It does not mean that there are continuous markings on the road.

Advice! Sometimes outside the city on such roads the lanes are not separated by markings at all. Accordingly, overtaking on oncoming traffic is permitted in compliance with the requirements of Section 11 of the Traffic Regulations. The imposition of a fine for violating a row according to 12.15 Part 4 of the Code of Administrative Offenses (a fine of 5 thousand rubles, deprivation of driving license for 4–6 months) is unlawful. It needs to be challenged.

Sanctions in the form of a warning or a fine in the amount of five hundred rubles

This is the smallest fine for violating the markings. It is prescribed by paragraph 1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation. He is issued for violations that drivers sometimes don’t even pay attention to, because traffic police inspectors are almost never fined for this. For example, violation of parking lot markings. When a car simply drives in a straight line or in a way that is convenient for it, regardless of the marking lines. Another option: the driver changes into the adjacent lane in front of the traffic light, despite the solid line. Many drivers also mistakenly believe that driving beyond the stop line is also punishable by a fine of 500 rubles. But in fact, such a violation is fined one thousand rubles.

In what cases can you challenge a fine?

In order to cancel the punishment or mitigate it as much as possible, the offender must appeal it to the head of the State Traffic Inspectorate unit or in court within 10 days from the issuance of the decision. In the following cases, this must be done:

If a fine for violating a sign is issued in the name of the owner, although in reality the offense was committed by the driver. In court or inspection, this is confirmed by a power of attorney to drive a car, a leasing agreement, testimony of witnesses, etc.
If the wrong maneuver was made under extreme circumstances, for example to avoid an accident. And if the harm prevented is greater than actually caused by the driver.
If the traffic police inspector, when registering a violation of the “Direction of traffic in lanes” sign, made gross procedural errors: for example, he did not involve two witnesses and did not make a video recording.

Attention! “Driving in lanes” signs are not prohibitive. They only show the number of rows and the direction of flow on each.

Without median strips 1.1 or 1.3 it is not prohibited to change lanes into oncoming traffic for a turn, U-turn or other maneuvers. Then the driver must follow the general rules of overtaking - section 11 of the Russian Federation Traffic Regulations.

This must be taken into account if the traffic police inspector unlawfully issues a protocol for driving into oncoming traffic and threatens with deprivation of rights. Practice shows that this happens very often, but the courts mostly side with the drivers.

Penalty for turning out of your lane

The law and traffic regulations require that you turn from the lane closest to the turning side, that is, you must turn right from the far right, and to the left from the far left. But it happens that a driver turns left from the right lane, and vice versa. Thus, he “cuts off” the neighboring car, creating the risk of an accident. For such a violation, you can receive penalties from 500 to 1,500 rubles, depending on how the traffic police inspector or the court evaluates it, if it comes to that. Strictly speaking, if you do not go into details, then this violation falls under paragraph 2 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation and is punishable by a fine of one to one and a half thousand rubles. However, depending on the nuances, insignificance of the violation and other factors, this can be attributed to paragraph 1 of Article 12.16, which is punishable by a warning or a fine of 500 rubles. Although such an outcome is unlikely. Therefore, be prepared to pay a fine for violating the markings in this situation at the upper limit, because, in fact, you could cause a serious accident with your actions.