Fine for violating the overtaking sign 2021 | Penalty for overtaking in a prohibited place

Usually, comfortable driving on the road without overtaking is impossible. However, it requires driving into the oncoming lane, which can increase the risk of an accident. Overtaking must be carried out strictly in accordance with Russian traffic regulations. On some sections of the road the action is strictly prohibited. In such places, sign 3.20 is installed. It is called “overtaking is prohibited”. If a citizen performs an action in violation of the sign, he may be fined or deprived of his driver's license. Liability for overtaking under a “no overtaking” sign in 2021 depends on the circumstances of the incident.

Situation	Normative act	Punishment	Possibility of discount
Overtaking was carried out under a “no overtaking” sign, and the driver was stopped by an inspector	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub. or deprivation of rights for 4-6 months	Yes
Repeated violation recorded by inspector	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Deprivation of rights for 1 year	No
Overtaking under a “no overtaking” sign was caught on camera	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	Yes
Repeated violation recorded by camera	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	No

What does the “No Overtaking” sign mean?

The “overtaking is prohibited” sign is described in paragraph 3.20 of Appendix 1 of the Russian Traffic Regulations. Externally, the sign is a circle with a red border. Two cars are placed on a white background. One of them is red and the other is black.

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If sign 3.20 “overtaking is prohibited” is present, overtaking is prohibited in 2021; failure to comply with the requirements will result in a fine or deprivation of your driver’s license. Usually the sign is placed in front of a dangerous section of the road that is subject to a restriction. Sometimes the background may be yellow. This indicates a temporary installation. Typically this designation is used in areas where road work is being carried out. If the requirements of temporary and permanent road signs conflict with each other, the requirements of the first signs on a yellow background take precedence.

Overtaking across a solid line

Clause 9.1 (1) of the traffic rules prohibits driving in the oncoming lane, as well as entering it, if it is separated by tram tracks, a dividing strip, markings 1.1, 1.3 or markings 1.11, the broken line of which is located on the left.

Accordingly, overtaking (entering the oncoming lane) on such sections of the road is prohibited.

It is also necessary to remember that on two-way roads with four or more lanes, paragraph 9.2 prohibits driving into the lane intended for oncoming traffic to overtake or bypass.

There are roads with wide carriageways (four or more lanes) without any markings. On such wide roads, driving further than the middle of the roadway means a violation of paragraph 9.2 of the traffic rules, for which (if it is fixed) sanctions may be the same as for violating the rules of overtaking.

Overtaking through a solid marking line is a violation (entering the oncoming lane through a solid line is prohibited). See above for sanctions for this violation.

A separate case is completing overtaking through a solid marking line. This is definitely a violation, but sanctions for it can be of two types:

deprivation of rights for up to six months (or a fine of 5,000 rubles), under Article 12.15, Part 4 of the Administrative Code;
warning or fine of 500 rubles. for crossing a solid line of road markings, according to Article 12.16 Part 1 of the Code of Administrative Offences.

More details about this situation can be found in the article of the same name: Completing overtaking through a solid marking line.

What is overtaking and how should it be done?

The definition of overtaking is given in paragraph 1.2 of the Russian Traffic Regulations. It says that the action is the advance of one or more vehicles into the oncoming lane and subsequent return to the previously occupied side of the roadway.

Do not confuse overtaking with ahead. If we are talking about the latter concept, it represents the movement of a car at a higher speed than a passing vehicle. In this case, the driver does not enter the oncoming lane and does not face a fine for overtaking under a “no overtaking” sign.

The rules for overtaking are regulated by Part 11 of the Russian Traffic Regulations. Before starting the maneuver, the driver must make sure that the oncoming lane is clear and that the action will not create danger or interference for other vehicles. The person driving the car that is being overtaken must not interfere with the manipulation. It is strictly prohibited to increase speed or perform other actions.

The driver cannot overtake even in the absence of a “no overtaking” sign in the following situations:

the vehicle driving ahead is detouring around an obstacle or has begun overtaking;
the car was the first to signal a left turn;
the person will not be able to complete overtaking without creating a danger to other road users;
they want to perform the maneuver at a pedestrian crossing, signalized intersection, bridge, or tunnel;
overtaking will be carried out at uncontrolled intersections if driving on a road that is not the main one;
the railway crossing is less than 100 m away, or the driver did not have time to travel this distance;
there is limited visibility;
the ascent ends, or there is a dangerous turn.

Is it possible to overtake in a populated area?

Overtaking in a populated area is permitted by traffic rules, subject to compliance with established road signs, markings on the road surface and speed limits. To overtake, the same rules apply as when maneuvering on country roads and highways. However, driving along the streets of a village or city must take into account the following features that will affect overtaking:

The maximum speed limit in urban areas cannot exceed 60 km/h, with exceptions. expressly specified in the law;
The traffic rules consider entering tram tracks as crossing the marking line between traffic lanes;
access to specially designated lanes is only available for public transport, taxis or special equipment of public utilities.

These points must be taken into account before proceeding with any overtaking or lane changes.

If the car owner complies with the general traffic rules when performing a maneuver, there will be no penalty for overtaking within a populated area. Special requirements are provided for possible overtaking at uncontrolled intersections. In this case, overtaking is only possible for vehicles located on the main road.

In order for this maneuver to be recognized as legal, you need to make sure that there are signs 2.1 (without additional signs) or 2.3.1-2.3.7 in front of the intersection. At a designated uncontrolled intersection, the main road must not change direction (for example, change into a secondary lane). At signalized intersections, the possibility of overtaking is completely excluded.

In our previous material, you can find out in more detail in which cases overtaking is prohibited by traffic regulations, and how a driver can be punished for such violations.

Find out more Payment limit for compulsory motor liability insurance in 2021

Who is allowed to overtake under a “No Overtaking” sign?

Clause 3.20 of Appendix 1 of the Russian Traffic Regulations in 2021 provides a list of exceptions. A fine for overtaking under a “no overtaking” sign will not be imposed if the following vehicles are overtaken in the area of the sign in the presence of intermittent markings or no markings at all:

motorcycles and mopeds without a side trailer;
low-speed vehicles;
horse-drawn carts;
bicycles.

A low-speed vehicle is a car that can move at a speed not exceeding 30 km/h. If overtaking is carried out, the driver of such a car is obliged to take it as far to the right as possible or, if necessary, stop to let another car pass (clause 11.6 of the Russian Traffic Regulations).

If overtaking is carried out under the sign “Overtaking is prohibited” without entering the oncoming lane, the citizen will not be deprived of his driver’s license and will not be given a fine. The action will be considered ahead of schedule.

Paragraph 9.11 of the traffic rules states that if the oncoming lane is divided by a solid marking line, then crossing and entering it in any case is unacceptable.

Rules for overtaking

Before leaving your overtaking lane, you should make sure that cars behind you are not trying to get ahead of your car. After this, you need to look at the oncoming lane to make sure there is no interference.

If a vehicle is spotted in the distance, you need to estimate the distance to it, taking into account the actual speed, weather conditions, and the condition of the road surface, and make sure that the distance is enough to carry out a safe maneuver. At the beginning of overtaking, a left turn is required.

It is also important to make sure that in the process of performing the described action there will be no need for sudden maneuvering, which threatens to collide with other vehicles. It is not recommended to overtake if there are technical problems with the engine and gearbox that prevent rapid acceleration.

In accordance with clause 11.2 of the traffic rules, the driver does not have the right to start this maneuver under the following circumstances:

the car behind began to overtake;
the vehicle driving ahead begins to overtake, goes around an obstacle, or has indicated its intention to go left by turning on the corresponding turn signal;
at the end of the maneuver, the car will not be able to return to its lane without creating a danger for other cars.

The driver's action is classified as overtaking only if he enters the oncoming lane. Changing lanes from lane to lane in your own direction is not considered such a maneuver.

To overtake or not is up to each driver. However, it is always necessary to remember that traffic rules are “written in blood” and almost every point of the rules was created at the cost of someone’s life. Head-on collisions offer little chance of maintaining health. That is why it is so important to follow traffic rules and always make sure that it is absolutely safe before starting a maneuver.

Area of operation of the “No overtaking” sign

The sign's coverage area begins from the place where it is installed. The restriction is lifted after the nearest intersection. If it is absent, the coverage area extends to the end of the populated area. Its completion is indicated by the installation of signs 5.24.1 and 5.26 “End of a populated area”, 2.4 “Give way” or signs indicating the intersection. The adjoining of secondary roads, including forest, field, or other territories, does not entail the termination of the ban.

The coverage area of the “no overtaking” sign may end earlier if:

plate 8.2.1, which clearly reflects the length of the section;
sign 3.21 indicating the end of the zone in which overtaking is prohibited;
sign 3.31, indicating the end of the coverage area of all restrictions.

Punishment and fine for overtaking under a “No Overtaking” sign in 2021

Punishment for failure to comply with the requirements of road signs is regulated by Article 12.16 of the Code of Administrative Offenses of the Russian Federation. If we are talking about overtaking, paragraphs 3 3.1 of the above regulatory legal act come into force.

For overtaking under a “no overtaking” sign in 2021, the violator may be fined 5,000 rubles or deprived of his license for 4 to 6 months. Moreover, the current legislation does not say when what punishment is applied. Only a judge has the right to revoke a driver's license. Therefore, the choice of punishment will take place during the trial. The circumstances of the incident and the reputation of the citizen will be taken into account.

If the violation is repeated, paragraph 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation comes into force. The citizen will be deprived of his rights for a period of one year. If overtaking under a “no overtaking” sign is caught on camera in 2021, a monetary penalty in the amount of 5,000 rubles will be imposed.

Situation	Normative act	Punishment	Possibility of discount
Overtaking was carried out under a “no overtaking” sign, and the driver was stopped by an inspector	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub. or deprivation of rights for 4-6 months	Yes
Repeated violation recorded by inspector	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Deprivation of rights for 1 year	No
Overtaking under a “no overtaking” sign was caught on camera	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	Yes
Repeated violation recorded by camera	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	No

In what cases is overtaking prohibited without a sign 2021

In special areas of vehicle traffic, drivers must be aware of the situation and not allow themselves to make dangerous maneuvers. Thus, overtaking is prohibited in the following areas that are not equipped with the appropriate sign:

at a controlled intersection;
at an uncontrolled intersection if the driver is moving on a secondary road;
at pedestrian crossings where there are less protected road users - pedestrians;
directly at the railway crossing and closer than a hundred meters in front of it;
on and under bridges;
on overpasses;
on overpasses;
in the tunnels.

The restrictions on overtaking are in effect due to the increased danger of objects. Thus, at pedestrian crossings, drivers may often not notice those crossing the road. Bridges and overpasses are not always reliable in design and sometimes cannot provide a high level of safety.

It is important to pay attention to other circumstances that prevent safe overtaking. The maneuver is strictly prohibited in the following cases:

the vehicle in front has not yet completed overtaking;
the vehicle following the car has begun to overtake;
The driver in front turned on his turn signal.

Also, overtaking is strictly prohibited if the driver is not convinced that the maneuver being performed is safe.

When is a fine imposed for overtaking under a “No Overtaking” sign?

If the violation was recorded on camera, your license will not be deprived in 2021. Regardless of whether the action occurred for the first time, or the person did not comply with the instructions of sign 3.20 again, a fine will be imposed for overtaking under the “overtaking is prohibited” sign in the amount of 5,000 rubles.

The situation is more interesting if a person overtook in violation of the sign, and the person was stopped by the inspector. Paragraph 3 of Article 12.16 fixes the possibility of imposing a fine or deprivation of a driver’s license. When choosing a punishment, a representative of the authorized body is guided by Article 4.1 of the Code of Administrative Offenses of the Russian Federation. It states here that the following must be taken into account:

the presence of mitigating or aggravating circumstances;
the nature of the violation committed;
property status of the citizen;
driver's identity.

Additionally, Article 3.8 of the Code of Administrative Offenses of the Russian Federation is taken into account. It states that the deprivation of an individual of a certain right can be carried out for a gross or systematic violation. The verdict on imposing a fine or deprivation of driving license for overtaking under a “no overtaking” sign is made by the judge. There are no criteria for the severity of violations in the Code of Administrative Offenses of the Russian Federation.

It is much easier to determine the systematic nature of violations. All previously received fines are taken into account.

Remember

The fine for violating the “Overtaking is prohibited” sign is 5,000 rubles or deprivation of rights for up to six months.
The maneuver is prohibited if there is a “No Overtaking” sign, the road is solid, double solid or solid with intermittent roads, or there are oncoming tram tracks ahead.
If the markings contradict the signs, the signs take precedence. Temporary signs and markings take precedence over permanent ones.
It is possible to cancel the penalty if the driver proves that the sign was not visible. Recording from a DVR will help with this.
The only and sure way to avoid receiving fines for overtaking is to not perform such maneuvers in a prohibited place.

All articles by the author: Evgeniy Lesnov

When is a driver's license suspended?

Deprivation of rights for overtaking under a “no overtaking” sign in 2021 is carried out only if a violation is recorded by a traffic police inspector. Additionally, related nuances are taken into account. Typically, punishment is applied in the presence of aggravating circumstances.

Let's say the offender overtook without taking into account the instructions of sign 3.20 and drove into the oncoming lane through solid markings. Without calculating the distance, the driver almost crashed into an oncoming car, barely managing to dodge and creating interference for the car moving behind. During the verification process, it turned out that the citizen had several unpaid fines. The inspector will draw up a protocol and initiate the procedure for deprivation of rights.

If the violation is repeated, and this fact is revealed by a traffic police officer, the citizen will not be able to drive a car for a year.

Avoid obstacles under the sign

In paragraph 1.2 of the traffic rules, an obstacle is any stationary object or defect in the roadway that prevents a car from passing along the occupied lane. In such cases, the driver is forced to change lanes into oncoming traffic. It is important to note that a vehicle stopped at a traffic light is in good working order or is not considered an obstacle.

Often, road inspectors do not understand the situation and equate any crossing of a solid marking line with part four of Article 12.14 of the Code of Administrative Offenses. Crossing a continuous line within the coverage area of sign 3.20 is sanctioned by a fine of 5 thousand rubles or deprivation of a driver’s license for up to six months.

Some motorists, in a state of shock, agree with all the charges. However, it is important to objectively assess the situation. If the driver can prove in court that he was forced to drive into the oncoming lane within the coverage area of sign 3.20, the penalty will be reduced to 1,500 rubles.

Thus, the driver can only reduce the degree of responsibility for crossing solid markings. The only sure way to avoid a fine is to stop. Only if the motorist stops driving and waits for the obstacle to be eliminated, traffic police inspectors will not be able to bring him to financial penalties.

In addition to the provisions of the law, the owner of the vehicle should familiarize himself with the responsibilities of road inspectors. Thus, Article 49 of Order 185 of the Ministry of Internal Affairs of the Russian Federation obliges traffic police inspectors to take measures to eliminate obstacles that arise on the road. The motorist has the right to point out this fact if the authorized officer decides to issue a fine for hitting a solid line while passing.

Procedure for imposing a fine

In order for a citizen to be held accountable and fined, the violation must be recorded in the prescribed manner. In 2021, the action is performed automatically or during a stop by traffic police officers. Inspectors operate within the framework of Federal Law No. 3 of February 7, 2011 “On the Police.” When stopping a car, traffic police representatives are required to comply with the provisions of Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2021. Prosecution for overtaking under a “no overtaking” sign requires the following procedures:

The inspector will notice the violation.
A traffic police officer will stop the car and ask the driver to present documents. The list of documents that the traffic police inspector has the right to ask is reflected in paragraph 2.1.1 of the Russian Traffic Regulations.
The traffic police officer will report the detected violation as the reason for the stop. A protocol will then be drawn up. The document is provided to the driver for review. A person has the right to sign a document or refuse to perform actions if he does not agree with the information contained in it. In this case, a corresponding mark is placed on the form.
The traffic police officer releases the driver.

Representatives of the traffic police prepare a statement of claim and go to court. The circumstances of the incident are being analyzed. The paper is supplemented with evidence. The citizen will be sent a summons. The document will contain information about where and when the proceedings to impose a fine or deprivation of rights for overtaking under a “no overtaking” sign will take place. Experts advise not to neglect participation in the hearing. If a person ignores the notice of a proceeding, the case may be reviewed and a fine or deprivation of rights may be imposed without the participation of the violator. In this situation, defending your rights is problematic.

If there are mitigating circumstances, the judge decides to impose a fine for overtaking under a “no overtaking” sign in the amount of 5,000 rubles. In this situation, after the trial, the citizen will receive a decision on an administrative offense. The document is sent by mail or information is provided through the State Services portal. The last method is used only in a situation where the driver has an account in the system (Article 28.6 of the Code of Administrative Offenses of the Russian Federation).

If traffic police officers were not nearby, but cameras were installed, the violation could be recorded automatically. In this case, in 2021 only the imposition of a fine applies. The penalty is imposed according to the following scheme:

The violation is automatically recorded.
The data is being processed.
A resolution is being drafted.
The document is sent by mail to the address of the violator.

The decision to impose a fine will be issued within 15 days from the moment the offense was committed (Article 29.6 of the Code of Administrative Offenses of the Russian Federation).

How to avoid punishment

Attention : It is necessary to know and understand some of the subtleties of traffic rules in order not to be subjected to undeserved punishment.

For example, if you start overtaking on a road with intermittent markings, and end through a solid one, you can appeal the decision, citing:

for unclear markings (photos will be required);
to have another driver driving (a power of attorney must be present);
incorrect identification of the license plate number (you will also have to prove it if it is not your car that is clearly visible in the picture).

If you drove through a No Overtaking sign, you can try to look for obstacles that you had to go around (remember that a traffic jam is not an obstacle), check whether this was a standard advance within your lane. Then the question will be removed automatically.

How should a driver behave?

If an inspector stops a vehicle for overtaking under a “no overtaking” sign, the driver is obliged to comply with the traffic rules of the Russian Federation. At the request of traffic police officers, a citizen is required to present documentation for verification. The list is reflected in paragraph 2.1.1 of the Russian Traffic Regulations. If the inspector requires it, it is necessary to undergo an intoxication test (2.3.2 Traffic Regulations of the Russian Federation). It is important to be polite.

A citizen is not obliged to get out of the car unless a detention or search is carried out (clauses 180 and 208 of the administrative regulations approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2017). The traffic police officer can only ask the citizen to leave the car. It is also not necessary to sign a protocol imposing a fine for overtaking in the wrong place.

Overtaking rules

Before starting the maneuver, the driver must make sure that the lane where he is going to change lanes is clear at a distance sufficient for overtaking. But the main thing is that overtaking should not create a danger for other cars (Section 11.1 of the Traffic Regulations).

It turns out that before starting the maneuver, the driver must look in the rear-view mirrors and make sure that other cars have not begun to overtake. Only after this he has the right to turn on the left turn signal and begin overtaking.

According to clause 11.2 of the traffic rules, overtaking is prohibited if the vehicle moving ahead:

started to give a left turn sign;
overtakes or goes around an obstacle.

If a car moving behind begins to overtake, the maneuver is also prohibited.

The driver who is overtaking is prohibited from maneuvering sharply and impeding the movement of other cars. He must maintain a safe distance and speed when returning to the starting lane. Simply, don’t cut off other cars. In this case, the driver of the overtaken vehicle must not interfere with overtaking. For example, sharply increase speed.

Overtaking is prohibited if drivers in front or behind you are already doing so.

Is there a discount on the fine for overtaking under a “No Overtaking” sign?

A discount can be obtained if you pay a fine for overtaking under a “overtaking is prohibited” sign within 20 days from the date of the decision (Article 32.2 of the Code of Administrative Offenses of the Russian Federation). The fine will be reduced by 50%. However, if overtaking in violation of the sign is repeated in 2021, it will not be possible to reduce the amount of the penalty even if the incident was recorded by a camera. The fact is that paragraph 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation is included in the list of exceptions to which the discount does not apply (Article 32.2 of the Code of Administrative Offenses of the Russian Federation).

Is it possible to reduce the amount

In Russia, there is an attempt to save on a fine if you pay it within 20 days after signing the protocol. In this case, you can reduce your costs by up to 50%.

However, in 2021, the legislation was changed, on the basis of which the discounts provided do not apply to the following types of fines:

driving while drunk;
exceeding the speed limit by more than 40 km/h;
driving through a prohibiting traffic light;
driving into the oncoming lane when the “Overtaking is prohibited” sign is installed;
the driver caused a traffic accident - he became the culprit due to a violation of traffic rules;
driving a vehicle provided that it has not previously passed the appropriate legislative registration.

It turns out that if previously a fine received for overtaking under a prohibited sign could be paid at a discount, then in 2020 this option is no longer possible. Therefore, the driver will have to pay a fine of 5 thousand rubles or accept the deprivation of rights for up to a year.

Drivers must carefully monitor the situation when performing an overtaking maneuver. Especially if this is planned on a section of road with poor visibility.

Compliance with traffic rules will reduce the risk of an emergency situation, which often ends in serious damage to cars and death on the highway.

Appealing a fine

If a fine for overtaking under a “no overtaking” sign is imposed unlawfully, you can exercise the right to appeal (Article 30.1 of the Code of Administrative Offenses of the Russian Federation). You need to contact the superior of the person who made the decision, a higher authority or the district court at the place where the case was considered. You need to react quickly. It is allowed to initiate an appeal procedure within 10 days from the receipt of a copy of the decision (Article 30.3 of the Code of Administrative Offenses of the Russian Federation).

It is permissible to restore the missed period if there are good reasons. To do this, a petition is sent to the person authorized to consider the complaint. It may grant the request or deny the action. In the latter case, an appropriate determination is made. To appeal a fine for overtaking under a “no overtaking” sign, you must:

Prepare a complaint, collect a package of documents and submit the papers to the authorized body. Applications are permitted through the official website of the State Traffic Safety Inspectorate. An alternative is to send documentation by mail.
Having received the documents, a representative of the authorized body will check the papers. If no errors are found, the application will be accepted for consideration.
Wait for the decision to be made. The citizen will be notified. Typically, the response is sent in the same way as the application for appealing a fine for overtaking under the sign “overtaking is prohibited” was submitted.

The review period depends on the authority whose decision is being appealed, as well as the body that will consider the application. The head of the traffic police will inform the decision within 10 days, and the trial will last up to 2 months.

applications for appealing a fine for overtaking under a “no overtaking” sign can be found here.

If a citizen wants to appeal the decision, he will need to provide personal information. Anonymous requests will not be considered.

General travel rules

The main reason why drivers violate traffic rules is ignorance of these rules. To avoid getting a fine for overtaking at a pedestrian crossing in 2021, you should understand the basic requirements for travel in such places.

These include the following:

Before crossing a zebra crossing, the driver must slow down or stop to allow pedestrians to pass.
When turning at controlled crossings, you must first make sure that there are no obstacles or potential dangers.
Before entering an unregulated zebra crossing, you need to reduce your speed or stop if a vehicle in the adjacent lane does so.
Drivers are required to give way to people moving towards or away from the tram (if boarding is done from the side of the roadway)
At crossings it is forbidden to pass, change lanes into the oncoming lane, make a U-turn, or drive in reverse.
Driving beyond the stop line or corresponding road sign is prohibited

It should also be emphasized that driving into adjacent lanes while at a zebra crossing is strictly prohibited. This is a direct violation of the rules of overtaking by driving into oncoming traffic, for which they can be punished not only with a financial penalty, but also with deprivation of their rights.

In addition, under the sign there may be a sign indicating the distance of the coverage area. The restrictions are also lifted by signs:

Leaving the courtyard area is not an intersection. The effect of the sign is not canceled by such intersections.