Photo: Evgeny Emeldinov
In the Rules road traffic there is one point, for violation of which there is not even a fine. But it is formulated so skillfully that it is the most popular reason for accusing motorists of serious accidents. In the project "" we remember the rules that are forgotten right after driving school. At the end is the traditional test.
So, we are talking about paragraph 10.1 of the SDA, which refers to the section "Speed". You will find its exact wording at the end. The first part of this paragraph is completely harmless: they say, the driver must comply with the speed limit, which, in general, is understandable.
But further - more: in case of danger, the driver is obliged to take possible measures to reduce the speed up to a stop. Translated into Russian, this means: having noticed the danger, first of all, you need to urgently brake.
It all sounds like a set of poster tips like "Wash your hands before eating." The problem is that the illusory softness of paragraph 10.1 of the SDA acquires reinforced concrete hardness when analyzing an accident. It only seems to be recommendatory.
Let's say two cars crashed, and one of the drivers blames the condition of the road: they say, slippery, uneven, with a rut. But if these conditions are known in advance, and the road was so along the entire length, the driver had to choose a safe speed. This is why it is so difficult to sue public utilities because of poorly cleaned roads.
After an accident, many are concerned that their speed fits within the limits. In the explanatory notes, the motorist writes that he moved 55–58 km / h in the village, but this does not absolve him of responsibility if the speed did not meet the conditions. It will not work to refer to poor visibility, unimportant tires, “suddenness” of a traffic signal change, and so on. If the reduction in speed made it possible to avoid an accident, then the driver may be accused of violating clause 10.1 of the traffic rules.
No less insidious is the second part of this paragraph, which requires inspiration to slow down if there is a danger.
Even if this is not explicitly spelled out, you need to hit the brakes as quickly as possible. How fast is it? When analyzing an accident, the reaction time of the driver and the actuation of the braking mechanisms are taken into account, but if, for example, the driver hesitated and thought for three seconds after detecting a danger, he may be found guilty of violating paragraph 10.1 of the traffic rules. The driver's average reaction time is assumed to be one second, although it depends on the conditions.
A lot of controversy is caused by situations in which, instead of (or together) with braking, the driver maneuvered. Clause 10.1 of the SDA does not explicitly prohibit this, but if the maneuvers entailed other damage, the responsibility for them will most likely be placed on the maneuvering driver.
For example, a car drives off a secondary road under you. You reflexively turn away and hit the cars standing on the side of the road or fly into a ditch. There is a chance that it will be you who will be the last one, because the rules did not require you to maneuver. More precisely, paragraph 8.1 of the SDA allowed maneuvering if it did not create interference and danger.
Psychologically, it is very difficult to brake in a straight line, when it is clear that braking will not save you. Therefore, the logic here is this: if you dodge safely, the winners are not judged. But if the maneuver (except for the braking itself) provoked a new accident, you may be considered the culprit.
Paragraph 10.1 of the SDA is often used when collisions with pedestrians. Even if the pedestrian is wrong and jumped out on roadway in the wrong place, the rules do not allow to crush him in cold blood. They require the driver to slow down, and when analyzing such accidents, they approach the issue very seriously. The moment of detection of danger is determined, for example, when a pedestrian stepped onto the carriageway. Next, the driver's actions are clarified. If braking starts later than the interval that is reserved for reaction and braking, it is considered that the driver has not done enough. And this - even if the pedestrian is fundamentally wrong.
There is not even a fine for violation of clause 10.1 of the traffic rules, because until an accident has happened, it is almost impossible to monitor compliance with it. And after an accident, an auto-technical expertise is often required. The most popular question for her: did the driver have the technical ability to avoid an accident?
And the main insidiousness of clause 10.1 of the SDA is that sometimes it makes someone who seems to be not a provocateur of an accident guilty. Whether we are talking about a cinder block thrown on the road or an insane pedestrian, the driver is solely responsible for braking quickly and hard.
And now - a little test.
Which of the following is not required by the driver when choosing a speed?
Will the driver be accused of hitting a drunk pedestrian lying on the carriageway of the motorway?
Approximately how much does a car travel at 60 km / h in the average driver's reaction time?
Is it possible to go around a car leaving the adjacent territory in the oncoming lane?
When driving in foggy conditions, you need to choose the speed ...
Found a bug or want to suggest a topic? Feel free to write to
Excerpts from traffic rules
Clause 10.1 of the SDA. The driver must drive the vehicle at a speed not exceeding the established limit, taking into account the traffic intensity, the characteristics and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of travel. The speed should provide the driver with the ability to constantly monitor the movement of the vehicle in order to comply with the requirements of the Rules. In the event of a traffic hazard that the driver is able to detect, he must take possible measures to reduce the speed until the vehicle stops.
REMEMBER, IF YOU HAVE WRITTEN IN THE PROTOCOL ABOUT THE AP, VIOLATED BY YOU P. \u200b\u200bSDA 1.3 - THIS IS A WINNING CASE 100%
Clause 1.3 of the RF SDA is the most controversial. Come on, when it comes to a banal penalty, but when it comes to deprivation of rights under 12.15.4 of the Administrative Code for violation of paragraph 1.3 of the traffic rules of the Russian Federation. Then every car owner begins to carefully understand all the details.
After conducting a preliminary analysis of the documents drawn up with the indication of clause 1.3 of the traffic rules of the Russian Federation, it becomes clear that the case is subject to challenge, including procedural aspects, in particular, according to the protocol on administrative offense, the inspector almost always indicates a violation of P.P. 1.3 Traffic rules of the Russian Federation and gives a description of the event and the composition of an administrative offense and qualified the violation that falls under the article for which liability is provided 12.15. Part 4 of the Code of Administrative Offenses of the Russian Federation (recall that it is this article that provides for the deprivation of driving license for the oncoming lane). In view of this, we find that the composition and event of an administrative offense are not comparable with its qualifications and at the same time comply with the traffic rules clause, and, taking into account the information specified in the National Traffic Management Standard, formally forms a violation under Article 12.16 of the Administrative Code of the Russian Federation (and this is just a fine of 500 rubles and rights for the oncoming lane in this case will not be deprived). But, despite this fact, in such cases it is necessary to seek not retraining, but the closure of the case in the absence of an event and corpus delicti, since the explanation The Supreme Court No one canceled the RF, but no one said that it is generalized or the only one and there are no contradictions in the application of paragraph 1.3 of the traffic rules.
How to do it? Look for significant violations also in the scheme drawn up by the traffic police officer, check photography, video filming, analyze reports. Submit your evidence.
Article 12.16... Failure to comply with the requirements prescribed by road signs or markings of the carriageway
1. Failure to comply with the requirements prescribed by road signs or markings of the carriageway, with the exception of the cases provided for by parts 2-7 of this article and other articles of this chapter, -
shall entail a warning or the imposition of an administrative fine in the amount of five hundred rubles.
2. Turning to the left or making a U-turn in violation of the requirements prescribed by road signs or markings of the carriageway -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Traffic in the opposite direction on a one-way road -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.
3.1. Repeated commission of an administrative offense, provided for by part 3 of this article, -
entails deprivation of the right to drive vehicles for a period of one year, and in the case of fixing an administrative offense by working in automatic mode by special technical meansthat have the functions of photographing and filming, video recording, or by means of photographing and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.
4. Failure to comply with the requirements prescribed by road signs or road markings prohibiting stopping or parking vehicle, with the exception of the case provided for by part 5 of this article -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred rubles.
5. The violation provided for by part 4 of this article, committed in a city of federal significance Moscow or St. Petersburg, -
shall entail the imposition of an administrative fine in the amount of three thousand rubles.
6. Failure to comply with the requirements prescribed by road signs prohibiting the movement of freight vehicles, with the exception of the case provided for by part 7 of this article, -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.
7. The violation provided for in part 6 of this article and committed in a city of federal significance Moscow or St. Petersburg -
shall entail the imposition of an administrative fine in the amount of five thousand rubles.
For allegedly violated clause of the SDA 1.3, in general, all cases are victorious (clause 1.3 of the SDA cannot be violated, since it does not prohibit the commission of one or another action, because part 4 of article 12.15 of the KRFobAP is of a reference nature, i.e. that is, it contains the phrase "in traffic violation... ") this phrase obliges to indicate in the protocol a clause with a direct violation of traffic rules, and clause 1.3 does not contain any prohibitions at all and only says that the driver should know: then yes it is ...", you just don't have enough experience if you raise judicial practice on such item 1.3. Traffic rules, it will be clear that this is a flaw of the IDPS and the shoals of judges (it is necessary to remove powers from such bitches ahead of time) here you can find and read similar victorious cases from clause 1.3:
HERE IS A GOOD PETITION:
Justice of the Peace of Judicial District No. ____,
_________
From: __________________________
________________
Petition
on the termination of the proceedings in connection with
lack of corpus delicti
In your proceedings there is a case on the fact of bringing me to administrative responsibility under Part 4 of Art. 12.15 of the Administrative Code of the Russian Federation, according to the protocol on administrative offense ___ ____ No. _________ dated ___.___. 20__
The Protocol on administrative offense does not indicate the qualifying feature of the RF traffic rules, for violation of which the responsibility under Art. 12.15 h. 4: “Leaving in violation of the traffic rules on stripdesigned for oncoming traffic,<…> shall entail deprivation of the right to drive vehicles for a period of four to six months ”.
Meanwhile, in the protocol on an administrative offense drawn up against me, it is indicated that leaving for strip, intended for oncoming traffic, was committed in violation of clause 1.3 of the traffic rules of the Russian Federation: “1.3. Road users are obliged to know and comply with the requirements of the Rules, traffic signals, signs and markings related to them, as well as follow the orders of the traffic controllers, acting within the rights granted to them and regulating traffic with established signals. ”
Such a description of an offense event cannot be recognized as meeting the requirements of the law. As can be seen from the above text, clause 1.3 of the traffic rules of the Russian Federation does not contain any prohibitions on leaving “for stripdesigned for oncoming traffic. "
The disposition of part 4. of article 12.15 of the Code of Administrative Offenses of the Russian Federation is referential, i.e. refers to another legal act, namely on the traffic rules, and provides for a mandatory indication of the traffic rules of the Russian Federation, the violation of which is associated with leaving for stripdesigned for oncoming traffic.
Thus, the Protocol does not indicate the composition of an administrative offense, which is a violation of Part 2 of Art. 28.2 of the Administrative Code of the Russian Federation.
The absence in the protocol of an administrative offense of clauses of the Traffic Rules prohibiting entry into the lane intended for oncoming traffic indicates the absence of an offense event.
Considering the above, in accordance with Part 3. Article 26.2 of the Administrative Offenses Code of the Russian Federation, I ask you to terminate the proceedings in the case of an administrative offense in the absence of events and corpus delicti.
In case of refusal to satisfy the application, I ask in accordance with the requirements of part 2 of article 24.4 of the Administrative Code of the Russian Federation and taking into account the requirements of Art. 29.12 of the Administrative Code of the Russian Federation to make a decision in the form of a reasoned determination and attach it to the case file.
I ask you to attach this petition to the case file.
Date ______________ Signature _____________________
IN COMBINATION WITH YOUR PHRASES SOUNDED BEFORE YOU SUBMISSION THAT IS AN AUDIO RECORDING OF THE COURT PROCEDURE, BASED ON Clause 3 of Article 24.3 of the Administrative Code, which does not oblige to warn about this or ask permission from the judge, photo or video recording with the permission of the judge, - yes, and the audio recording is free from your expression of will, without asking anyone, and everything that happens during the process, say it out loud, otherwise, when appealing, you will not prove with what content you submitted this or that petition or something else.
taken from
Administrative Code
P O S T A N O V L E N I E
<данные изъяты>
<данные изъяты>, <данные изъяты>
Deputy Chairman of the ... th regional court ..., having considered the complaint ... against the ruling of the magistrate of the judicial section that entered into legal force<данные изъяты> ... th judicial district<данные изъяты> from<данные изъяты> <данные изъяты> from<данные изъяты> 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 of the judicial sector<данные изъяты> ... th judicial district<данные изъяты> from<данные изъяты>
D. M.,<данные изъяты> year of birth, native<данные изъяты>residing at:<данные изъяты>,
was found guilty of committing an administrative offense under Part 4 of Article 12.15 of the Administrative Code of the Russian Federation, and he was sentenced to an administrative fine of 5,000 rubles.
Decision ... th district court from<данные изъяты> the decision of the magistrate was left unchanged.
Disagreeing with the decision of the magistrate, ... he appealed in accordance with Article 30.12 of the Code of Administrative Offenses of the Russian Federation, asked to cancel with the termination of the proceedings, indicating that the court violated the norms of material and procedural law... That a direct ban on entering the lane intended for oncoming traffic is established in the cases specified in paragraphs 9.2, 9.3, 11.5, 15.3 of the RF SDA, as well as in the annexes<данные изъяты> to the traffic rules of the Russian Federation and No. 2.
Having checked the correctness of the application of the norms of substantive and procedural law in the case, based on its materials and the arguments of the complaint, I come to the following conclusion.
Held accountable for the fact that<данные изъяты> in ... in<данные изъяты>, in violation of clause 1.3 of the SDA<данные изъяты> to the traffic rules of the Russian Federation
Recognizing .... guilty, the court proceeded from their proof of his guilt by the materials of the case, including a protocol on an administrative offense from<данные изъяты>; diagram of the place of committing an administrative offense from<данные изъяты>; by the report of the traffic police inspector of the OGIBDD OMVD of the Russian Federation<данные изъяты> … .; materials of video recording, deployment, explanations .... Having examined the above evidence, having checked the correctness of the application by the magistrate of procedural law, the city court did not find any grounds for canceling the decision in the case.
Meanwhile, the courts of two instances disregarded the following.
From the protocol on an administrative offense, it is seen that ... a violation of clause 1.3 of the traffic rules of the Russian Federation is imputed, expressed in the following: the driver, driving a vehicle, in violation of the traffic rules of the Russian Federation, made an exit into the lane intended for oncoming traffic.
The Justice of the Peace, when considering the case against ..., found that he<данные изъяты> in ... minutes, driving a vehicle ... in<данные изъяты>, in violation of clause 1.3 of the traffic rules of the Russian Federation, overtaken a vehicle, with an exit to the road lane intended for oncoming traffic, crossing the solid line of road markings 1.1 of the appendix<данные изъяты> to the traffic rules of the Russian Federation
Thus, he concludes that…. committed an administrative offense under Part 4 of Art. 12.15 Administrative Code of the Russian Federation.
The city court agreed with the conclusions of the magistrate about the violation ... of paragraph 1.3 of the traffic rules of the Russian Federation and the intersection of the solid line of road markings 1.1 of the appendix<данные изъяты> to the traffic rules of the Russian Federation.
However, one cannot agree with this conclusion of the judges.
Responsibility under part 4 of article 12.15 of the Code of Administrative Offenses of the Russian Federation occurs in the event of an exit on a lane intended for oncoming traffic, or on tram tracks in an opposite direction (except for the cases provided for in part 3 of the named article) in violation of the Traffic Rules.
Thus, entering the lane intended for oncoming traffic entails liability under Part 4 of Article 12.15 of the Code Russian Federation on administrative offenses, if this exit is prohibited by the Traffic Rules approved by the Resolution of the Council of Ministers - the Government of the Russian Federation from<данные изъяты> N 1090.
From the materials of the case it follows that the protocol on an administrative offense indicates a violation ... Clause 1.3 of the SDA RF.
The imputed ... violation of paragraph 1.3 of the Road Traffic Rules is a general rule and in itself does not form an administrative offense under Part 4 of Art. 12.15 Administrative Code of the Russian Federation.
At the same time, from the materials of the case it is seen that the violation of any other points of the traffic rules of the Russian Federation, road signs or road markings, entailing responsibility under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, ... is not charged with guilt. Therefore, the qualification of actions ... under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation cannot be considered legal and justified.
When considering a complaint ... in<данные изъяты>th court<данные изъяты> these shortcomings were not eliminated, and they were not given a proper legal assessment in the decision on the case from<данные изъяты>.
Thus, the judges violated the requirements of Art. 24.1 of the Code of Administrative Offenses of the Russian Federation, according to which the objectives of the proceedings in the case of an administrative offense is a comprehensive, complete, objective and timely clarification of the circumstances of each case.
In such circumstances, the decision of the magistrate of the judicial district<данные изъяты> ... th judicial district<данные изъяты> from<данные изъяты> and the decision ... of the District Court<данные изъяты> from<данные изъяты> are subject to cancellation, and the proceedings on the case - to be terminated on the basis of clause 2 of part 1 of article 24.5 of the Code of Administrative Offenses of the Russian Federation due to the absence of an administrative offense.
Based on the foregoing, guided by paragraph 4 of part 2 of Art. 30.17 of the Administrative Code of the Russian Federation,
P O S T A N O V I L:
magistrate ruling<данные изъяты> ... th judicial district<данные изъяты> from<данные изъяты> and the decision ... of the District Court<данные изъяты> from<данные изъяты> in the case of an administrative offense under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, in relation to ..., cancel, terminate the proceedings on the basis of paragraph 2 of Part 1 of Article 24.5 of the Code of Administrative Offenses of the Russian Federation, due to the lack of evidence of the imputed offense.
Deputy President of the Court ...
p 3.1 SDA... Drivers of vehicles with a blue flashing light on, performing an urgent service task, may deviate from the requirements of Sections 6 (except for traffic signals) and 8-18 of these Rules, appendices 1 and 2 to these Rules, provided that traffic safety is ensured.
The same right is enjoyed by drivers of vehicles accompanied by vehicles that have special color-graphic schemes applied to the outer surfaces, with flashing beacons of blue and red colors and a special sound signal, in the cases established by this paragraph. The accompanying vehicles must have dipped headlights on.
On vehicles State Inspection road safety of the Ministry of Internal Affairs of the Russian Federation, Federal Service protection of the Russian Federation, the Federal Security Service of the Russian Federation and the Military Automobile Inspectorate, in addition to the blue flashing beacon, a red flashing beacon can be switched on.
p 3.2 SDA... When a vehicle approaches with a blue flashing light and a special sound signal on, drivers must give way to ensure unhindered passage of the specified vehicle.
It is forbidden to overtake a vehicle that has special color schemes applied on the outer surfaces with a flashing blue beacon and a special sound signal turned on.
It is forbidden to overtake a vehicle that has special color schemes applied on the outer surfaces, with blue and red flashing beacons and a special sound signal turned on, as well as an accompanying vehicle (accompanied vehicles).
p 3.3 SDA... When approaching a stationary vehicle with a blue flashing light on, the driver must slow down in order to be able to stop immediately if necessary.
p 3.4 SDA... A yellow or orange rotating beacon must be switched on on vehicles in the following cases:
performance of construction, repair or maintenance of roads, loading of damaged, faulty and relocatable vehicles;
transportation of bulky cargo, explosive, flammable, radioactive substances and toxic substances of a high degree of danger;
escorting vehicles carrying bulky, heavy and dangerous goods;
accompanying organized groups of cyclists during training events at highways common use;
organized transportation of a group of children.
The switched on yellow or orange flashing light does not give an advantage in traffic and serves to warn other road users about the danger.
p 3.5 SDA... Drivers of vehicles with a yellow or orange flashing beacon turned on during construction, repair or maintenance of roads, loading damaged, faulty and moving vehicles may deviate from the requirements of road signs (except for signs 2.2, 2.4-2.6, 3.11-3.14, 3.17 .2, 3.20) and road markings, as well as paragraphs 9.4-9.8 and 16.1 of these Rules, provided that road safety is ensured.
Drivers of vehicles when transporting bulky cargo, as well as when escorting vehicles carrying bulky and (or) heavy cargo, with a yellow or orange flashing beacon turned on, may deviate from the requirements of road markings, provided that road safety is ensured.
p 3.6 SDA... Drivers of vehicles of federal postal organizations and vehicles transporting cash proceeds and (or) valuable cargo may turn on a moon-white flashing beacon and a special sound signal only when attacking these vehicles. The moon white flashing light does not provide an advantage in movement and serves to attract the attention of police officers and others.
Commentary on Section 3 of the RF Traffic Regulations
Drivers of vehicles with special color schemes printed on the outer surfaces, with flashing beacons of blue and red colors on, performing an urgent service task, may deviate from the requirements (except for signals from the traffic controller) and 8-18 of these Rules, appendices 1 and 2 to these Rules subject to traffic safety * (57).
To gain an advantage over other road users, drivers of such vehicles must turn on a blue flashing light and a special sound signal. They can take advantage of priority only by making sure that they are given way.
The same right is enjoyed by drivers of vehicles accompanied by vehicles with a blue flashing light and a special sound signal turned on, in the cases established by this paragraph. On escorted vehicles the dipped headlights must be switched on.
On vehicles of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation and the Military Automobile Inspectorate, in addition to the blue flashing beacon, a red flashing beacon can be switched on.
As you know, in last years Many "cool" cars appeared in the country, especially cars, on which special signals, and sometimes special state registration plates, were illegally installed. In order to streamline relations associated with the use of vehicles with special signals, and in order to avoid illegal use of special state registration plates, the Government of the Russian Federation was forced to issue the following Resolutions: of January 4, 2000 N 2 "On streamlining the installation and use of special signals on vehicles and special state registration plates "and dated January 23, 2002 N 35" On special state registration plates and special signals used on vehicles ", which approved the list of operational services, federal bodies executive power and organizations officials organs state power and organizations, on vehicles of which the installation of special light and sound signals is allowed.
The above-mentioned Resolutions of the Government of the Russian Federation approved the list of operational services, federal executive authorities and organizations, officials of state authorities and organizations, on whose vehicles the installation of special light and sound signals is allowed.
The operational services, on vehicles of which only if there are special color-graphic schemes on the outer surfaces, can be installed blue flashing beacons and special sound signals, include an ambulance health care, fire-fighting service, militia, Military automobile inspection, special transportation services of the Bank of Russia, special communications service, prosecutor's office, Main Directorate of Execution of Punishments of the Ministry of Justice of Russia (now - Federal Service of Execution of Punishments) and emergency rescue services Vehicles from among those established by the Government of the Russian Federation and used in the implementation of operational search or investigative measures can also be equipped with a blue flashing light and a special sound signal in the absence of special color-graphic schemes, but their list is limited.
In addition to the blue flashing beacon, only red flashing beacons can be installed on vehicles of the State Traffic Safety Inspectorate, VAI and the Federal Security Service of the Russian Federation, the presence of which indicates that these vehicles belong to the named services.
Requirements for color schemes of vehicles are defined by GOST R 50574-2002 "Cars, buses and motorcycles of operational services. Color schemes, identification marks, inscriptions, special light and sound signals. General requirements", which entered into force on January 1, 2004.
Drivers of vehicles with a flashing blue beacon on when performing an urgent service assignment (the nature of the assignment depends on the purpose of the vehicle and is determined by departmental regulations) according to this paragraph may deviate from a number of requirements of the Rules, provided that traffic safety is ensured.
At the same time, if the drivers of vehicles of the operational services want to take advantage of the priority, which requires other road users to give way, they must turn on a special sound signal at the same time as the blue flashing light. Only in this case, other participants in the movement have such an obligation.
Drivers of vehicles of operational services can take advantage of priority only after making sure that the signals they give are perceived by other road users and they are given way.
The same requirements apply to drivers of vehicles accompanied by vehicles with turned on blue beacons and special sound signals.
Federal Law of July 17, 1999 N 176-FZ "On Postal Service" for vehicles of federal postal organizations established a certain color-graphic scheme (white slanted stripe on a blue background ", in the presence of which the drivers of these vehicles may deviate from some provisions of the Rules.
When a vehicle approaches with a blue flashing light and a special sound signal, drivers must give way to ensure the unimpeded passage of the specified vehicle.
When approaching a vehicle that has special color schemes printed on the outer surfaces, with flashing beacons of blue and red colors and a special sound signal, drivers are obliged to give way to ensure unhindered passage of the specified vehicle, as well as the vehicle accompanied by it (accompanied vehicles).
It is forbidden to overtake a vehicle that has special color schemes applied to the outer surfaces with a flashing blue light on and a special sound signal.
It is forbidden to overtake a vehicle that has special color schemes applied on the outer surfaces, with blue and red flashing beacons and a special sound signal turned on, as well as an accompanying vehicle (accompanied vehicles) * (58).
The blue beacon, working by itself, in the on mode or together with the red one, gives an advantage in movement and allows deviating from a number of provisions of the Rules. However, as mentioned above, it is possible to use the advantages of beacons only when you turn on a special sound signal (siren) and only after making sure that the traffic is safe.
Depending on the direction of movement of vehicles with special signals on, other drivers, giving way, must clear the lane (carriageway), refrain from further movement, reduce speed or take other measures adequate to the current situation (for example, pull to the side of the road).
In accordance with clause 3.3. Regulations, when approaching a stationary vehicle with a blue flashing light on, the driver must reduce speed in order to be able to stop immediately if necessary.
If a car or motorcycle with a blue flashing light on has stopped on the road, then this should serve as a signal for other drivers to increase their attention and be ready to stop.
A vehicle with a beacon turned on can be in the place of an accident, in the area of \u200b\u200bemergency work on the road, in the place where the convoy (transport, foot) passes across the road and in other places that pose an increased danger to traffic. Therefore, the Rules require drivers to slow down and be ready to stop at the first signal from police officers or other persons authorized to regulate traffic (traffic controllers).
A yellow or orange flashing beacon must be turned on on vehicles when performing work on the construction, repair or maintenance of roads, loading and transporting damaged, faulty, as well as other vehicles in cases provided for by law, on vehicles participating in road traffic, dimensions which exceed the standards established, as well as on vehicles transporting bulky and (or) heavy cargo, explosive, flammable, radioactive substances and toxic substances of a high degree of danger, and in cases established by special rules - on vehicles accompanying such transportation. A yellow or orange rotating beacon does not provide an advantage in traffic and serves to warn other road users of the danger.
A yellow or orange flashing beacon, as defined in paragraph 14 of Article 32 of the Convention on Road Traffic, is intended to indicate vehicles whose movement or presence on the road endangers or interferes with other road users. An exhaustive list of vehicles on which yellow or orange flashing lights are installed is defined in paragraph 16 of the Basic Provisions. Basically, such signals are equipped with: cleaning machines, fuel trucks, cash collection vehicles, cars - tow trucks, etc.
The main purpose of a yellow or orange beacon is to provide an opportunity for all road users at a sufficient distance to detect a vehicle that poses a danger to others in order to take appropriate action.
However, drivers of vehicles with a yellow or orange beacon turned on should remember that they do not have any advantages over other road users, although, according to paragraph 3.5 of the Rules, they may deviate from some provisions of the Rules, the requirements of a number of road signs and markings. It should be borne in mind that the installation of special sound signals on vehicles equipped with yellow or orange flashing beacons is not provided * (59).
Drivers of vehicles with a yellow or orange flashing beacon turned on during construction, repair or maintenance work may deviate from the requirements of road signs (except for signs 2.2, 2.4-2.6, 3.11-3.14, 3.17.2, 3.20) and road markings, and also subject to traffic safety.
Drivers of vehicles participating in road traffic, the dimensions of which exceed the norms established by paragraph 23.5 of the SDA, vehicles transporting bulky and (or) heavy cargo, and vehicles accompanying such transportation, with a flashing yellow or orange beacon turned on, may deviate from road marking requirements and paragraph 9.7 of these Rules, provided that traffic safety is ensured.
Due to the technological features of the work performed during the construction, repair or maintenance of roads, the vehicles employed in these works are forced to deviate from a number of requirements of the Rules, road signs and markings (for example, when cleaning the carriageway from snow - to cross a solid line of markings, move on the leftmost lane, turn around in the median breaks on motorways, etc.). The rules allow such deviations, except for the cases specified in this paragraph, provided that safety is ensured for other road users and that yellow or orange flashing beacons are turned on on vehicles engaged in these works.
The movement of large vehicles, as well as the transportation of bulky goods, is carried out in accordance with special rules, which often provide for a certain order of arrangement on the carriageway.
Due to their long length and width, such vehicles make it difficult to maneuver, as a result of which they are forced to cross solid lines markings and enter the islets marked with markings 1.16.1-1.16.3 on the roadway. Therefore, this paragraph of the Rules allows these vehicles to deviate from the marking requirements, provided that traffic safety is ensured.
Drivers of vehicles of federal postal organizations and vehicles transporting cash proceeds and (or) valuable cargo may turn on a moon-white flashing beacon and a special sound signal only when attacking these vehicles. The moon white flashing beacon does not provide an advantage in movement and serves to attract the attention of police officers and others during a robbery, for example.
Driving school training always starts with learning theory. In the first theoretical lessons, future drivers are introduced to the general provisions and basic principles of traffic rules. It is on these principles that the teaching of the basics of driving is built in the future.
Traffic Rules of Russia is a reference book for cadets for the period of their training, which regulates in detail the behavior of drivers in certain situations and conditions. In the traffic rules, you can find all the necessary information about when and which lanes the driver should occupy, how to make maneuvers, how and where to stop the vehicle correctly, in what sequence to drive through intersections, etc.
However, the very first section is “ General Provisions"- does not contain specific instructions and details of actions.
It includes the most fundamental principles of how rules work.
However, knowing these principles can help road users avoid emergencies and, when necessary, to protect their rights. This is a kind of etiquette of behavior, both on the roads and on the sidewalks.
Despite the fact that the section with the general provisions of the rules is inherently informational, absolutely everyone should know and observe it, because every day and every hour people die and suffer on Russian roads.
General provisions - the basis of the legal framework
Clause 1.3 of the traffic rules of Russia states that all road users must know and comply with the requirements of traffic rules, traffic lights, road signs and markings related to them. In addition, this clause obliges them to follow the instructions of the regulators who act within the competence granted to them on the entrusted road sections. This means that the orders of the regulators that are outside their competence do not have to be followed.
This clause applies to citizens of the Russian Federation, stateless persons and everyone who travels on domestic roads.
The concept of road users in this case is collective. These include not only drivers driving vehicles, but also passengers in them, as well as pedestrians.
In the subsequent sections of the rules, clause 1.3 is detailed.
That is, the rights and obligations of pedestrians, cyclists, drivers and passengers of various vehicles are spelled out separately. The designations of traffic lights, road signs and markings are prescribed in detail.
Are you punished for violation of paragraph 1.3 of the traffic rules
All road users have the right to count on mutual courtesy and on the fact that other drivers, passengers and pedestrians are also familiar with the requirements of the traffic rules. Unfortunately, this is not always the case in life.
That is why it is important to make sure that it is correctly understood by others before taking any action. It is also important to correctly interpret the actions of others. Violation of the rules is often fraught with serious consequences: not only the perpetrators themselves, but also the people around them can suffer from negligence on the road.
As for paragraph 1.3 of the considered rules, the qualification of its violation is rather vague. Since this paragraph does not contain specifics, but only in general obliges motorists, passengers and pedestrians to comply with the established norms, requirements of signs, markings and traffic lights, it is quite difficult to bring someone to account for its violation.
Nevertheless, legal practice shows that the protocols often refer to the violation of clause 1.3 of the RF SDA. This happens, for example, when fixing violations related to leaving the oncoming lane (violation of the marking rules). Moreover, with reference to this paragraph, road users can not only be fined, but also deprived of their rights (Article 12.15.4 of the Administrative Code of the Russian Federation).
By itself, paragraph 1.3 of the SDA does not prohibit driving into the oncoming lane - the corresponding prohibition is contained in other sections of the rules. Therefore, the protocol on violation, in addition to this paragraph, should contain references to other sections of the traffic rules that have been violated (confirming the composition of the violation).
In order not to get into such unpleasant situations, both drivers, and passengers, and pedestrians must be mutually polite and always remember that in the case of traffic rules, the rules were not invented in order to break them.