Is it permissible to cross a solid line at the edge of the roadside?

Features of violations

Everyone has encountered a situation when there is a traffic jam on the road, but the side of the road, separated by a solid line, seems to be free and you can drive along it. The temptation, of course, is great: many drivers prefer to take risks without fear of catching a sharp object in their wheel, or they hope that the inspector will not see, and prefer to go around the traffic jam, despite the fact that doing so is prohibited by traffic rules.

For leaving the roadside through a continuous road, the fine is quite large. That is why, even if there is no traffic police patrol in the immediate vicinity, you should not do this. There may be surveillance cameras hanging, and a car with a video recorder may appear behind you. However, there are cases in which such a maneuver can be performed. Our article will help you figure this out, clearly understand when you can drive to the side of the road and when not, and under what circumstances you can avoid a fine.

What do you mean by curb?

First of all, you should understand the terminology in order to clearly understand what driving across a solid road means . The shoulder is a section of the road located on the side of the asphalt road surface. Most often it is separated using markings, and you can always distinguish this territory visually.

Driving in these areas is prohibited, but there are exceptions to the rules that allow you to use the shoulders to park your vehicle. Most often, you can park on the right, but in a populated area it is allowed to park a vehicle on the left side if the following conditions are met:

The traffic is single-lane, there are no tram tracks on the road.
One way road.
If a truck weighing more than 3500 kg needs to be loaded or unloaded.

There is also a category of vehicles for which it is permissible to drive onto the side of the road through a continuous road. These include:

Vehicles of public utilities and road companies.
Transport that delivers various goods to objects that can only be reached by crossing the curb line.

In addition, if there is no obstacle to the movement of pedestrians, the following types of vehicles can use the side of the road:

Bicycles, if they are operated by a person over 14 years of age, and there are no bicycle paths available or it is not possible to move on the right side of the roadway.
Mopeds with an engine capacity of less than 50 cc. cm.
Horse-drawn carts, pack animals and riding animals, but they can only move in one row.

What punishment does the driver face?

The fine for driving on the side of the road through a solid line can reach up to 5,000 rubles; in some cases, a driver’s license may be deprived for a period of 4-6 months. For driving on the side of the road you will have to pay 1,500 rubles, according to the latest amendments to the Administrative Code.

Do not confuse pulling over and overtaking with driving across a solid line: the latter is caused by entering the oncoming lane. If a driver goes around a vehicle or any other obstacle on the side of the roadway, this will be called driving on the side of the road. It is worth noting that since 2017, the fine for this has been seriously increased, since a small punishment could not sufficiently motivate motorists to comply with traffic rules.

It is worth noting that leaving the part of the road intended for traffic may be accompanied by a number of other violations. In this case, all fines will be added together, so you will have to pay the amount that exceeds the fine for one violation. The inspector will give only one protocol to the driver, but it will list all the violations he committed. The inspector must indicate the relevant traffic rules that were violated and write the summed amount of the fine for everything.

Driving onto the side of the road through a solid line is also dangerous because you can hit a pedestrian on it, since often the person on the side of the road is not visible. This may result in loss of rights or criminal liability, depending on the severity of the consequences of the offense committed.

Is there any deprivation of rights?

No. The only legal basis for imposing a penalty for driving around a parked car through a solid marking line is a sanction that provides for a fine in the amount of 1,000 to 1,500 rubles.

However, if you encounter such a situation, then there is a high probability that the traffic police officer will impose deprivation under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation with a maximum sanction of deprivation of rights for up to six months. This is illegal, simply because the official interpretation of this norm itself refers to Part 3 as an exception to this case. And we’ll talk about it right now.

Expert opinion

Dmitry Tikovenko

Automotive law expert. 7 years of experience. Areas of specialization: civil law, disputes over compulsory motor liability insurance and road accidents

On the roads, so-called “ambushes” or “traps” of inspectors are very common, who choose a place where it is only possible to bypass public transport or a minibus that has stopped to pick up and unload passengers through a continuous road. Drivers do not want to wait for the vehicle to move and deliberately violate it, for which they are charged under Part 4 of Art. 12.15 Code of Administrative Offences, inspectors hiding nearby.

Such drivers will face a fine of 5,000 rubles or deprivation of their license for a period of 4 to 6 months.

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How is the protocol drawn up?

A protocol for leaving the roadside through a solid road is drawn up on the spot if the inspector stops you. If the violation was recorded using a camera, the decision will be sent by mail to the address of the person to whom the car is registered. Cameras photograph the car, usually you can clearly see the license plate, make, and even who was driving at that moment. About how to appeal the protocol.

Avoiding an obstacle in violation of the marking line

Driving from the side of the road onto the roadway through a solid road onto the oncoming side of the road is not considered overtaking. If you are driving on the side of the road on the opposite side of the road against the direction of the main traffic, please note that the penalties for this are more severe than for driving on the side of the road on your own side. Thus, the driver violates several rules at once, including driving in the oncoming lane. In addition, a fine may be imposed for overtaking another vehicle in the oncoming lane (if you return to your lane from the side of the road).

In this case, one of the following disciplinary sanctions is provided:

A fine of 5,000 rubles (for video recording).
Deprivation of the right to drive a vehicle, the duration of which varies from 4 to 6 months.

There is an interesting nuance: if a violation is recorded by a camera, you will be sent a receipt for payment; if an inspector stops you, he has the right to decide at his own discretion what type of punishment to choose. In this case, the period of deprivation of the right to drive may increase to one year.

Note: if the driver tried to get around a traffic jam, he will not be able to refer to the obstacle standing on the road, since the traffic jam does not apply to this type of obstacle. You won’t be able to justify yourself, even if you just wanted to park, since you could do this from your side of the traffic.

White, orange, yellow

Yellow markings on the road

Currently, markings applied to the road surface in the Russian Federation can be of three colors. This is provided for by the current edition of the traffic rules. In particular, it happens:

white;
orange;
yellow.

The markings also warn of approaching dangerous areas or certain road signs.

In most cases, it comes in the usual white color. These markings divide the roadway into traffic lanes and mark the edges of the road. Depending on the situation, the line can be solid or broken. The first one, as you know, cannot be crossed. Well, the most serious fines are issued when vehicle drivers make any maneuver through a double solid line. White markings also mark pedestrian crossings and stop lines, including those in front of traffic lights.

The orange color in the vast majority of cases indicates the temporary nature of the markings. Such markings are usually applied in front of areas where some kind of road work is being carried out. This is done to ensure the safety of road users. It is easy to guess that after the completion of road work, the markings are returned to their original appearance. By the way, orange always has priority over white, since it is the one that is considered relevant at the moment.

It's a little more complicated with yellow markings. Firstly, it can highlight traffic lanes to improve visibility. In this case, drivers should comply with all requirements, as in the case of white. If yellow markings are painted on the curb, near it or on the side of the road, this means that parking or stopping a vehicle in this area is prohibited. It is often supplemented by a corresponding road sign.

Therefore, be careful when parking. There were cases when the paint was not renewed on time, and it was difficult to see its color. However, it will be quite difficult for you to prove that you are right to the inspector. Therefore, if in any doubt, it is best to park your car somewhere else. In large populated areas, an incorrectly abandoned car may well be picked up with the help of a tow truck.

A broken yellow line painted on the curb, near it or on the side of the road allows parking, but the parking time of the car in such areas should not exceed 5 minutes. In most cases, this marking is an addition to road sign 3.28, which allows the vehicle to stop for the purpose of boarding or disembarking passengers. It also does not prohibit parking in emergency cases - if the car breaks down, or in any unforeseen situation. The latter, for example, include insurmountable obstacles that arise on the road, or health problems with the driver of the vehicle.

If broken or solid yellow lines are painted along the right edge of the roadway outside a populated area, then the driver will be prohibited from stopping or parking there. One point worth noting. The restriction applies along the entire length of the line. That is, as soon as it ends, all prohibitions and restrictions are lifted.

How to check traffic police fines through the Yandex. Fines"

A zigzag yellow line painted on the roadway indicates a public transport stop. Such markings are quite noticeable - they catch the eye faster than the corresponding road sign. Naturally, vehicle drivers are prohibited from stopping and parking in such areas. The exception here is route and regular taxis.

Finally, I would like to give some advice. Firstly, don’t be lazy to learn about changes made to traffic rules. The rules do not change very often, but they do change. Well, knowledge, as we know, does not relieve one from responsibility. In addition, when driving on the road, always strictly follow the rules. After all, the safety of both yours and other road users depends on it.

You should not neglect the requirements of traffic rules, hoping that it will “sweep by” and no one will notice your violation. The rules were written taking into account many years of experience, and are aimed, first of all, at maintaining order on the roadway and ensuring the safety of all traffic participants. Sometimes an incorrectly parked car can cause an accident. Therefore, always think not only about yourself, but also about other drivers.

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How to bypass the punishment?

Many drivers are interested in whether it is possible to avoid punishment under traffic rules by driving to the side of the road through a solid road? There is no reliable algorithm of actions, however, every driver has the right to challenge the inspector’s decision, the point is in the contradictions that exist in the articles of the Code of Administrative Offenses of the Russian Federation. For example, you can take advantage of the fact that, according to the rules, driving on the side of the road is prohibited, but you can stand on it. Therefore, if you are stopped while pulling onto or leaving the side of the road, you can tell the inspector that you did not plan to drive along it, but were only planning to park.

The situation will depend on the behavior of the inspector; most often the policeman issues a fine of 1,500 rubles. However, it’s worth a try; perhaps you will be convincing, and the inspector will meet you halfway. In this case, the dispute largely depends on the human factor. If there are witnesses to exactly how the car was moved, it is more likely that punishment will be avoided. A dash cam can also help if you really just parked on the side of the road.

If you are unlucky and the police officer draws up a report, the law provides for an appeal procedure, which is given 10 days, and this is decided in court. A complaint can also be filed with the traffic police, but, as a rule, the service does not overturn the decisions of its own employees.

Don't confuse a traffic jam with an obstacle. The traffic jam is moving and cannot be considered an obstacle: it is simply a flow of traffic moving much slower than usual. The obstacle is that it cannot leave the roadway itself and blocks traffic, for example, colliding cars, a fallen tree. However, in this case, a DVR will also not be superfluous. Having it, you can easily prove that you had no other way to move on.

What is better: driving around on the side of the road or in the oncoming lane?

This is a very relevant question for several important reasons:

on the one hand, driving around a stationary car crossing a solid road can be cheaper than on the side of the road - for a solid road there will be a fine of 1 to 1.5 thousand, and for the roadside - only 1.5 thousand (part 1 of Article 12.15),
on the other hand, you may run into illegal use of Part 4 of Article 12.15, where the punishment is much more severe: from a fine of 5,000 to deprivation of rights for 4-6 months; Yes, such a punishment will be illegal, but if the inspector writes it out, you will have to go to the traffic police for analysis and then, possibly, to court,
and finally, on the third side, above we have given a working way to avoid getting a fine at all, simply by driving to the side of the road (if there is one) and stopping on it, then continuing to drive - this is not prohibited by traffic rules.

What to choose in each specific case is up to you to decide depending on the specific situation.

Preventive measures for evading payment of a fine

If you do not pay fines within 70 days, the traffic police will hand over the report to the bailiffs, who will deal with the debtor. Most often, the defaulter’s bank card is blocked and the required amount is withdrawn from it. It is worth noting that the amount of the fine will double, but it cannot be less than 1000 rubles. In addition, the following penalties are possible:

Arrest for 15 days.
Correctional work up to 50 hours.
Restrictions on crossing the border, driving a vehicle.

Conclusion: knowing the fine for driving onto the side of the road through a solid line, many drivers risk doing it, but do not take into account further preventive measures if the fine is not paid on time.

Why is it dangerous to drive onto the side of the road?

A fine is the least unpleasant consequence that can occur. As already mentioned, there is a risk of losing the right to drive a vehicle for up to 6 months. In addition, do not forget about other road users who may be on the side of the road at that moment and whom you may not notice, thus provoking a fatal accident.

Even if there is no one on the side of the road, it can pose a danger to your vehicle. Firstly, the soil of this section of the road is not suitable for driving along it; there may be sharp objects and various debris on it, there may be deep potholes filled with water, there may be oil stains and other unpleasant things. In addition, not every car has good grip on this type of road surface: there is a high risk of losing control and flying off the road altogether. This is especially dangerous on the highway, where the road may be at an elevation relative to the surrounding landscape. In this case, there is a high risk of not only crashing the car, but also being injured or killed.

Why is the strip applied to the edge of the road?

All vehicles must travel exclusively on the carriageway, which is limited by a solid white stripe marked along the right edge of the road.

Those. a continuous line at the edge of the road indicates the end of the roadway and the beginning of the shoulder. Such clear delineation is necessary for the safety of all road users, including pedestrians.