Penalty for overtaking under a “No Overtaking” sign in 2021

The main types of punishment for a “No overtaking” sign

Overtaking in the area covered by the sign can be safe, but often this kind of maneuver in prohibited places is accompanied by great public danger. Authorized employees, after assessing the traffic situation, will hold the motorist accountable according to the following system:

overtaking in the presence of a prohibitory sign - 5 thousand rubles;
repeated overtaking in the wrong place - confiscation of the license for 12 months;
if a violation is recorded by an automatic camera - 5 thousand rubles;
if a violation is repeatedly recorded using video equipment - 5 thousand rubles.
making a U-turn or turning left on a section of road that prohibits such maneuvers - 1.5 thousand rubles;
avoiding obstacles in the sign's coverage area - 1.5 thousand rubles;
the driver overtook using the side of the road - 1.5 thousand rubles;
overtaking on a section of the road that is not equipped with markings, but has a prohibitory sign - 500 rubles;

It can be noted that even if a repeated violation is detected automatically, the driver does not risk losing his driver’s license. This is the peculiarity of recording violations using cameras.

Responsibility for improper overtaking

In Russia, a fine has been introduced for violating the “Overtaking” sign. The current Code of Administrative Offenses contains the following sanctions for performing a maneuver contrary to the rules.

Driving into an oncoming lane to overtake under a prohibitory sign, as well as on a tram line in the opposite direction (except for situations provided for in Part 3 of Article 12.15) involves a penalty under Part 4 of Art. 12.15. The offense is punishable by a fine of 5 thousand rubles or suspension from driving for 4-6 months.
Repeated violation under Part 4 of Art. 12.15, allows punishment under Part 5 of the same article. A misdemeanor threatens with a fine of 5 thousand rubles (if the fact is recorded on camera) or deprivation of rights for 1 year.
Driving into an oncoming traffic lane or tram line in the opposite direction in violation of traffic rules while avoiding an obstacle provides for sanctions under Part 3 of Art. 12.15. For a misdemeanor, a fine is imposed in the range of 1-1.5 thousand rubles.

Deprivation of rights for overtaking is possible only if an administrative offense is recorded by traffic police officers.

Definition of overtaking in 2021

According to the legislation in force for 2021, overtaking is only considered to be ahead of a passing vehicle, accompanied by driving into the lane of oncoming traffic. This concept should not be confused with ahead or detour. Unfortunately, in the traffic rules, the analysis of each definition is presented very vaguely, which raises many questions in controversial situations.

Overtaking is the act of avoiding a car ahead using a lane of passing traffic. The difference in the concepts of “ahead” and “overtaking” is only that when overtaking, the driver uses the oncoming lane. Detour is the process of overcoming a stationary obstacle located on the road.

What is overtaking?

This is a maneuver by a motorist who avoids one or more cars by changing lanes with oncoming traffic, and then returning to his own lane, but in front of these cars. Unfortunately, driving schools hardly teach safe overtaking. Before this maneuver, the motorist must make sure of several factors in order to avoid an accident:

The speed during overtaking will not be higher than the permitted speed.
The car driving behind does not overtake him.
There is no pedestrian, car or other obstacle on the oncoming road.
The turn signal light of the car driving in front is not blinking.
Visibility is sufficient for overtaking.
The weather conditions are favorable.

A motorist overtaking needs to remember that if he causes an accident during this maneuver, he will be blamed for it. Except in the case where the motorist of the car being overtaken interfered with the overtaking motorist.

If a motorist, already in the process of overtaking, suddenly sees that it will not be possible to do it further, then in order not to create a dangerous situation, it is better for him to pull out into his own lane. It is not advisable for a motorist to follow a car that is overtaking. It is completely prohibited to cut off overtaken vehicles during this maneuver, as this all creates an emergency situation. If a motorist started overtaking correctly, but did not calculate the time and ended it by violating the rules, for example, crossed a solid line, then he will not receive a fine. These penalties will be imposed on a motorist if he specifically crossed this line, no matter for what maneuver.

In what cases is overtaking prohibited 2021

A sign prohibiting overtaking maneuver is usually installed outside the city. On a suburban highway, the owner of a vehicle may receive a serious fine when overtaking in the coverage area of sign 3.20 (“Overtaking is prohibited”).

On highways with high speed limits, the likelihood of an accident occurring when overtaking with the help of oncoming traffic increases significantly. When overtaking at high speeds, there is a high probability of death in the event of an accident. For this reason, the authorities are trying to strictly control cases of illegal entry into the oncoming lane in the area covered by sign 3.20.

Outside the city, traffic officers often set up various “traps” and “ambushes” to catch offenders. For this kind of disregard for traffic rules, the driver may well lose his driver's license.

If a motorist has entered the coverage area of sign 3.20, he must remain in the lane of passing traffic. The restriction will be lifted only when the overtaking prohibition sign expires, which can begin in several cases:

The driver has already covered the distance indicated on the sign (overtaking is prohibited only for the indicated duration of the road);
The motorist crossed a sign stating that sign 3.20 has been cancelled;
The owner of the vehicle has reached a populated area;
The driver has crossed a sign canceling all possible restrictions (3.31);
The motorist reached the intersection and drove through it.

It is worth noting that on intercity highways, signs prohibiting overtaking are installed in places with high accident rates. Thus, overtaking is prohibited at the end of slopes, at the beginning of sharp turns and in areas with limited visibility.

When there is no punishment

There are controversial situations when a violation is difficult to qualify. Then you can count on a reduction in the amount of the fine. In some cases, you can even avoid punishment.

According to the Rules, you can overtake without fear of a fine:
horse-drawn cart;
two-wheeled bicycle, motorcycle or scooter;
low-speed tractors or asphalt pavers equipped with a special sign in the form of a red triangle with a yellow frame.

Overtaking is also allowed in a situation where your lane is blocked by an accident or repair work. It is impossible to go around this kind of obstacle without driving into oncoming traffic.

It is difficult to qualify an advance as overtaking on a road with erased markings. The driver must visually assess the width of the road: if it is less than 12 meters, you can overtake.

The law does not provide for punishment for failure to comply with the requirements of a sign installed not in accordance with GOST. True, this will have to be proven by recording a violation of the standard with a camera or camera.

From the video you will learn about signs that prohibit overtaking:

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 overtaking prohibited at signalized and uncontrolled intersections?

Overtaking at a controlled intersection is always prohibited!

If we are talking about an unregulated vehicle, where the road can be the main one or a secondary one, you can make a maneuver, but only when driving on the main road (clause 11.4 of the Rules).

You cannot overtake even if two equivalent roads intersect. They are considered as such if there are no signs indicating priority traffic on the approach to the intersection. The same thing applies if the main route changes its direction (clause 13.10 of the Rules).

Overtaking at an intersection

If the intersection is regulated, priority signs are not effective.

Such a violation and the corresponding punishment are often encountered by inexperienced drivers rushing to work or a business meeting during rush hours. But troubles with the law could easily be avoided by focusing on the approach to the intersection and remembering what the rules say about this.

Nowadays, few people move (and even more so overtake) at low speeds, and not everyone is concerned about turning on the turn signals. Even the most modern and tuned car model will not be able to brake instantly. A collision becomes inevitable.

Roundabout

It is for reasons of traffic safety and taking into account the particularly high accident rate on Russian highways that the servants of the law resort to additional fines.

If the intersection is regulated, overtaking maneuvers are prohibited there in any case.

Who can you overtake in the area of the “No Overtaking” sign?

The legislation provides for the possibility of overtaking certain types of transport in the coverage area of sign 3.20. According to the traffic rules, after passing the “overtaking is prohibited” sign, drivers have the right to get ahead (using the oncoming lane) of the following types of vehicles:

mopeds;
motorcycle (without sidecar);
vehicles equipped with a “slow-moving vehicle” sign;
horse-drawn carts.

In practice, it is better to refrain from overtaking slow-moving vehicles that are not equipped with the appropriate sign. Even if the vehicle’s speed is less than 30 km/h (which, by definition, qualifies tractors, combines and other equipment as low-speed vehicles), it will be difficult for government officials to prove the legality of their actions.

Regarding mopeds, motorized vehicles and horse-drawn vehicles, the rules remain unchanged. It is better to wait until the end of the prohibited overtaking zone and perform the maneuver in accordance with the traffic rules. However, there are cases when the lifting of the restriction is still far away, but there is no time. In such situations, you can ask the driver of the slow-moving vehicle to pull over to the side of the road using a sound or light signal.

There is an effective way to avoid punishment when overtaking slow-moving vehicles. The motorist must wait until the slow-moving vehicle is overtaken by other road users. Often, traffic police officers stop only the first offenders and ignore subsequent ones.

Definitions

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Every driver needs to distinguish between overtaking and ahead.

Based on clause 1.2. Traffic regulations (hereinafter referred to as the Rules), overtaking is the advance of one or several cars at once, associated with driving into oncoming traffic, with a further return to the previously occupied lane.

Advancing, according to the same paragraph of the Rules, recognizes the movement of a vehicle at a speed that is greater than the speed of a vehicle traveling in the same direction.

Thus, overtaking differs from ahead by mandatory driving into oncoming traffic. Moreover, overtaking can either be prohibited by the Rules, road markings (hereinafter also referred to as markings) or signs (hereinafter also referred to as signs), or be allowed. Accordingly, in the absence of a ban on overtaking, the driver does not bear any liability under the Law.

What is the punishment?

Sanctions for crossing a solid marking line in order to get ahead of another car are regulated by part 4 of article 12.15 of the Code of Administrative Offenses. Depending on the degree of public danger of the act, the driver’s liability is determined.

According to the provisions of the law, the motorist will face a financial penalty in the amount of 5 thousand rubles. A similar fine is provided for when driving onto tram tracks in the opposite direction. The large amount is argued by government officials that overtaking in the area covered by a prohibiting sign is a dangerous offense that can lead to a serious accident.

There are also exceptions to the general rule, specified in part three of Article 12.15 of the Code of Administrative Offences. According to this regulation, under aggravating accompanying circumstances, a motorist may lose his license for a period of 4 months to six months. If the violation is repeated within a year - for 12 months.

Penalty for temporary index

Temporary signs are set on a non-permanent basis. They have a distinctive yellow-orange background, making the sign hard to miss. However, drivers do not always have an idea of whether it is necessary to follow the instructions of the temporary sign.

It is important to know: if the requirements of temporary and permanent signs contradict each other, motorists should be guided by the instructions of the portable signs. The explanation for this is simple: it is easier for authorities to install a temporary sign than to replace permanent ones.

Thus, liability for overtaking in the area of effect of a temporary sign prohibiting overtaking does not differ from liability for violations of the requirements of a permanent sign. The amount of the fine will also be 5 thousand rubles.

Is it possible to avoid punishment

You can avoid punishment by not driving into oncoming traffic in violation of the Rules, namely by not overtaking if:

there is a marking 1.1. or 1.3.;

The sign is 3.20. (permanent or temporary), and the driver is within its coverage area;
it (overtaking) is prohibited by clause 11.2 or 11.4. Rules

No markings

If there are no markings on the section of road where the driver decided to overtake, the driver may inadvertently “cross” a non-existent solid road. Often such situations occur on small roadways, the width of which does not exceed 5 meters.

Similar cases are recorded in part one of Article 12.16 of the Code of Administrative Offenses of the Russian Federation. According to the law, the fine will be 500 rubles. Nevertheless, road inspectors often try to deprive the driver of the right to drive a vehicle.

If a traffic police officer attempts to confiscate a license on an unlawful basis, the motorist must defend his position. To make a competent appeal, you need to study the legislation and refer to its appropriate provision. Usually, if there is a categorical refusal to consider the arguments of the accused, the driver turns to the judicial authorities.

During the legal proceedings, the owner of the vehicle has every chance of canceling the protocol. It is only important to collect all the relevant evidence and present it correctly to the court. A sufficient basis for reclassifying the violation will be video material from the recorder. If the case is successfully completed, the motorist will reduce the penalty to 500 rubles.

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.

Overtaking on the side of the road

Sometimes drivers resort to overtaking using the side of the road, believing that this way they can avoid punishment. However, this is an incorrect assumption. The shoulder is the same element of the road as the roadway. Only pedestrians, horse-drawn vehicles and some two-wheeled vehicles are allowed to travel through this area.

The administrative measure in this case is a fine of 1,500 rubles. This measure is provided for in part one of Article 12.15 of the Code of Administrative Offenses of the Russian Federation. It is worth noting that a similar measure of enforcement will be applied for any illegal driving to the side of the road (even without the purpose of overtaking).

In case of emergency, motorists can resort to one of the omissions in the legislation. The traffic rules state that drivers have the right to use the side of the road to stop or park. However, the rules do not specify the maximum distance a driver can drive before coming to a complete stop.

You can also avoid penalties in this way: a motorist must stop periodically when driving on the side of the road. From a legislative point of view, these actions are regarded as choosing the most suitable situation for returning to the roadway.

U-turn instead of overtaking

The owner of a vehicle can avoid administrative penalties if, instead of overtaking, he makes a U-turn or a turn. If, at the time of performing a prohibited maneuver, the driver detects traffic police inspectors, he can “accidentally” change the trajectory of his movement by entering the adjacent territory or turning. The driver's actions will not be considered overtaking if he does not return to his lane.

A fine in such a situation is still possible. However, the risk of losing your rights will remain behind. When crossing a solid road while turning or turning, the inspector has the right to impose a fine only in the amount of 1,000 to 1,500 rubles.

It is important to consider that turning around without assessing the traffic situation can lead to consequences more serious than a fine of 5,000 rubles. It is important to change the trajectory only with full confidence in the safety of the situation.

How to appeal a fine for overtaking under a prohibition sign

There are two ways to appeal - through the head of the traffic police or the court. In the first case, an application is drawn up to cancel the protocol or resolution, in the second - a claim with similar demands. Evidence will be needed to confirm the driver’s innocence, incl. and witness statements.

Most often, citizens appeal decisions issued for late return to their lane, when the maneuver began before the sign, but was completed within its coverage area. Here, prosecution occurs not for ignoring the requirements of plate 3.20, but for violating the location of the vehicle on the roadway, for which a fine of up to 1,500 rubles is provided.

If only a protocol was drawn up against the driver, but there is no resolution yet, the first document will be appealed. If there is a ruling, you can only apply for its cancellation.

The appeal procedure is as follows:

The driver submits an application addressed to the head of the traffic police. It is accompanied by materials indicating innocence. This could be a recording from a DVR, etc.
The applicant is waiting for a response. If it is not received within two weeks, you can file a claim in court. The same is attached to it as to the application for cancellation of the protocol or resolution for the inspection management.

The period for consideration of such cases in court is 2 months. If a citizen is not satisfied with the court's decision, he can appeal it on appeal within 30 days after its adoption. If this deadline is missed, a cassation appeal is filed with a higher judicial authority.

Penalties for overtaking under a “No Overtaking” sign depend on the specific situation. The maximum penalty is provided for violating the requirements of plate 3.20 unnecessarily, but if the driver had to avoid an obstacle in his lane in this way, the fine is reduced to 1,500 rubles.

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Overtaking caught on camera

Offenses recorded by photographic or video equipment are sanctioned by the state with a fine in the amount of 5 thousand rubles. In such situations, the owner of the vehicle receives a copy of the protocol by mail, to which is attached photo evidence of the administrative offense committed.

Evidence of the driver’s guilt in the form of a photograph is difficult to appeal. However, automatic registration of illegal overtaking can be considered a success. If a traffic inspector takes care of the registration of an offense recorded on camera, the motorist risks losing his driver’s license altogether.

It is quite difficult to appeal a fine from a camera issued by a traffic police officer. In addition to the fact that the prosecutor has clear evidence of the motorist’s guilt, the court often takes the inspector’s side. Due to the fact that the employee is a representative of law and order, the judge rejects the appeal, citing the lack of reasons not to believe the traffic police inspector.

Repeated violations under the sign “Overtaking is prohibited”

Part four of Article 12.15 regulates: a second violation of traffic rules within a year entails deprivation of rights for a period of 12 months. This provision is also valid in the case when the driver overtakes in the wrong place for the second time in a year.

It is important to take into account the changes that came into force in 2019. According to the new requirements, a motorist will not be able to regain the right to drive a vehicle without passing the exam. If previously you could simply submit a corresponding application to return your ID, now you will have to repeat the traffic rules.

Attempts to pass the exam after a year of deprivation of rights due to repeated violation of overtaking norms are provided in an unlimited number. However, after failing the test, a motorist can try again only after a week's break. Also, you can start testing only after the expiration of the one-year period for deprivation of the certificate.

Is it possible to reduce the amount of the fine?

Changes in 2021 also affected the ability of vehicle owners to pay fines for overtaking in the area covered by a prohibiting sign. Now motorists cannot save money if they pay the amount within 20 days of receiving the order.

The discount for paying a fine has also ceased to be provided for the following types of traffic violations:

the driver exceeded the permissible speed limit by 40 kilometers per hour or more;
the motorist operated the vehicle while under the influence of alcohol or drugs;
the owner of the vehicle caused an accident due to violation of traffic rules;
a person uses a car without appropriate registration;
The motorist ran into a prohibitory traffic light.

Thus, overtaking with a prohibitory sign is not the only violation in which payment of a fine in the first 20 days is not accompanied by a 50% discount. The owner of the vehicle is forced to either pay the fine or use public transport for a year.

The motorist must carefully monitor the road situation and avoid violations unless absolutely necessary. Overtaking should only be done under favorable circumstances. It is important to remember that in the event of an accident, the driver will bear full responsibility for the damage caused.