1. Failure to comply with the requirements prescribed by road signs or markup of the roadway, with the exception of cases provided for in parts 2 - 7 this article and other articles of this chapter -
warning entails or overlay administrative fine in the amount of five hundred rubles.
2. Rotate to the left or turn in violation of the requirements prescribed by road signs or markup of the roadway, -
it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Movement in the counter direction on the road with one-way movement -
the imposition of an administrative penalty in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of four to six months.
3.1. Re-committing an administrative offense provided for in paragraph 3 of this article -
continuing the deprivation of the right to control vehicles for a period of one year, and in the case of fixing the administrative offense, working in automatic mode special technical meanshaving functions of photo and filming, video recordings, or photo 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 markup of the roadway forbidding stop or parking vehicle, except for the case provided for by part 5 of this article -
the imposition of an administrative fine in the amount of one thousand five hundred rubles is entitled.
5. Violation provided for by part 4 of this article committed in the city of federal significance in Moscow or St. Petersburg -
it entails 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 paragraph 7 of this article -
entails the imposition of an administrative fine in the amount of five hundred rubles.
7. Violation provided for by part 6 of this article and committed in the city of federal significance Moscow or St. Petersburg -
entails the imposition of an administrative fine in the amount of five thousand rubles.
Expert comment:
All participants road Must comply with the requirements of road signs. In case they ignore the drivers of vehicles, then they are subject to responsibility under Art. 12.16 Administrative Code.
Comments to Art. 12.16 Administrative Code
1. The objects of this administrative offense are public relations In the field of road safety.
2. Failure to comply with the requirements prescribed by road signs or markup of the roadway, covered by the composition of this article, except in cases provided for by other articles of chapter 12 of the Code (Article 12.9, Part 2 of Article 12.13, part 2 and 3, Art. 12.14, part 2 Art. 12.15, part. 1 and 2, Article 12.19, part 1, Article 12.21), as well as part 2 and 3 of the commented article.
3. Part 2 of this article provides for increased responsibility for maneuvering in the form of turning to the left or reversal in violation of the requirements prescribed by road signs or markup of the roadway.
4. Road or driving part, according to which the movement of vehicles across the entire width is carried out in one direction, is an expensive one-sided movement. Violation by the driver of the requirements of road signs 5.7.1 and 5.7.2 "Departure to a unilateral movement" or road sign 3.1 "Entry is prohibited", which caused the movement in the counter direction along the road intended for one-way movement, qualifies under Part 3 of the commented article.
5. The subjects of the offense are drivers of vehicles.
6. Subjective side Characterized by intentional wine.
7. Cases by administrative offensesprovided for by the commented article are considered by the boss State inspection Road safety, his deputy, commander of the regiment (battalion, company) of the road patrol service, his deputy (Art. 23.3). Cases under Part 3 of this article are considered by judges in cases where the specified official to which the case has been received about such an administrative offense, conveys it to the judge (part 2 of article 23.1). Cases of violations qualified under part 1 and 2 of this article are also authorized to consider employees of the State Road Safety Inspectorate, which have a special title (Art. 23.3).
Administrative offenses are drawn up officers Internal affairs bodies (police) (part 1, Art. 28.3).
(Administrative Code Remedies 2018-2019)
Administrative Offenses Code
Article 12.16. Failure to comply with the requirements prescribed by road signs or marking roadways of the road
(as amended by Federal Law of July 23, 2010 N 175-FZ)
1. Failure to comply with the requirements prescribed by road signs or markup of the roadway, except for the cases provided for by the parts 2 - 7 of this article and other articles of this chapter, -
(as amended by federal laws of 21.04.2011 N 69-FZ, from 04/05/2013 N 43-FZ)
warning entails a warning or imposition of an administrative fine in the amount of five hundred rubles.
(as amended by Federal Law of July 23, 2013 No. 196-ФЗ)
2. Rotate to the left or turn in violation of the requirements prescribed by road signs or markup of the roadway, -
it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Movement in the counter direction on the road with one-way movement -
the imposition of an administrative penalty in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of four to six months.
3.1. Re-committing an administrative offense provided for in paragraph 3 of this article -
the deprivation of the right to manage vehicles for a period of one year, and in the case of fixing the administrative offense, working in automatic mode with special technical means having functions of photo and filming, video recordings, or photo and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.
(Part 3.1 introduced Federal law dated 25.12.2012 N 252-FZ)
ConsultantPlus: Note.
With the suppression of disorders provided for in Part 4 and 5 of Art. 12.16, the detention of the vehicle is applied.
4. Failure to comply with the requirements prescribed by road signs or markup of the roadway, prohibiting the stop or parking of vehicles, except for the case provided for by part 5 of this article -
the imposition of an administrative fine in the amount of one thousand five hundred rubles is entitled.
(Part 4 introduced by Federal Law of 21.04.2011 N 69-FZ)
5. Violation provided for by part 4 of this article committed in the city of federal significance in Moscow or St. Petersburg -
it entails the imposition of an administrative fine in the amount of three thousand rubles.
(Part 5 introduced by federal law of 21.04.2011 N 69-FZ)
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 paragraph 7 of this article -
(as amended by Federal Law of 08.06.2015 N 143-FZ)
entails the imposition of an administrative fine in the amount of five hundred rubles.
(Part 6 introduced by Federal Law of 05.04.2013 N 43-FZ)
7. Violation provided for by part 6 of this article and committed in the city of federal significance Moscow or St. Petersburg -
entails the imposition of an administrative fine in the amount of five thousand rubles.
1. Failure to comply with the requirements prescribed by road signs or markup of the roadway, except for the cases provided for by the parts 2 - 7 of this article and other articles of this chapter, -
warning entails a warning or imposition of an administrative fine in the amount of five hundred rubles.
2. Rotate to the left or turn in violation of the requirements prescribed by road signs or markup of the roadway, -
it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Movement in the counter direction on the road with one-way movement -
the imposition of an administrative penalty in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of four to six months.
3.1. Re-committing an administrative offense provided for in paragraph 3 of this article -
the deprivation of the right to manage vehicles for a period of one year, and in the case of fixing the administrative offense, working in automatic mode with special technical means having functions of photo and filming, video recordings, or photo 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 markup of the roadway, prohibiting the stop or parking of vehicles, except for the case provided for by part 5 of this article -
the imposition of an administrative fine in the amount of one thousand five hundred rubles is entitled.
5. Violation provided for by part 4 of this article committed in the city of federal significance in Moscow or St. Petersburg -
it entails 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 paragraph 7 of this article -
entails the imposition of an administrative fine in the amount of five hundred rubles.
7. Violation provided for by part 6 of this article and committed in the city of federal significance Moscow or St. Petersburg -
entails the imposition of an administrative fine in the amount of five thousand rubles.
Comment to Art. 12.16 Administrative Code
1. Road signs (warning signs, priority marks prohibiting, prescribing, information and other signs) (according to GOST 10807-78, GOST R 51582-2000 and GOST 23457-86) are defined by Appendix 1 to the rules of the road (as amended . Decisions of the Government of the Russian Federation of January 24, 2001 N 67).
Direct offense is the safety of road traffic, as well as the rules prescribed by road signs or markup of the roadway.
2. From the objective side, the administrative offense is characterized by committing actions expressed in non-compliance with the requirements prescribed by road signs or markup of the roadway. Violation of the marking rules can be expressed in the form of hitting the intermittent markup lines, with the exception of rebuilding.
3. From the subjective side, the violation is characterized by wine in the form of negligence. The subject of the offense is the driver who violated the requirements prescribed by road signs or markup of the roadway.
Judicial practice under Article 12.16 Code
Resolution of the Supreme Court of the Russian Federation of January 25, 2018 N 49-ad18-1
Judge Supreme Court Russian Federation Nikiforov S.B., examined the complaint of the defender Gagarin A.S., acting in the interests of Gareeeva Ildar Fanlevich, the decision of the Senior Inspector for EAZ Tsafap ODD Traffic police in the Ministry of Internal Affairs in the Republic of Bashkortostan on September 16, 2015 No. 18810102150916572832, the decision of the judge Kirovsky district Court Ufa of the Republic of Bashkortostan dated December 7, 2015, the decision of the judge of the Kirovsky District Court of Ufa of the Republic of Bashkortostan dated April 27, 2016, the decision of the judge of the Supreme Court of the Republic of Bashkortostan on September 14, 2016 and the Decree IO. Deputy Chairman of the Supreme Court of the Republic of Bashkortostan dated April 10, 2017, issued against the Gareev Ildar Fanlevich (hereinafter - Gareev I.F.) in the case of an administrative offense, provided for by part 4 of Article 12.16
Resolution of the Supreme Court of the Russian Federation of 05.02.2018 N 5-ad18-4
Judge of the Supreme Court of the Russian Federation Merkulov V.P., examined the complaint with measnikova M.V. The resolution of the Deputy Head of the Moscow Administrative Road Inspection of September 16, 2015, which entered into legal force of September 16, 2015 N 78210177150916118627, Decision of the head of the Moscow Administrative Road Inspection of December 4, 2015, the decision of the Judge of the Cheremushkinsky District Court of Moscow of December 26, 2016 N 12 -588/16, the decision of the Judge of the Moscow City Court of March 16, 2017 N 7-2471 / 17 and the Resolution of the Deputy Chairman of the Moscow City Court dated June 21, 2017 N 4A-3235/17, issued in relation to the butcher Marina Vladimirovna in the case On the administrative offense stipulated by Part 5 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation,
Resolution of the Supreme Court of the Russian Federation of 07.02.2018 N 67-ad18-1
Judge of the Supreme Court of the Russian Federation Nikiforov S.B., examined the complaint of Molchanova Artem Vladimirovich for the decree that entered into legal force. Judge Fourth litter Central Judicial Area of \u200b\u200bNovosibirsk dated April 6, 2017, the decision of the judge of the Central District Court of Novosibirsk dated June 5, 2017 and the Resolution of the Deputy Chairman of the Novosibirsk regional Court from September 1, 2017, issued against Molchanova Artem Vladimirovich (hereinafter - Molchanov A.V.) in the case of an administrative offense, provided for by part 3 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation,
Resolution of the Supreme Court of the Russian Federation of 05.02.2018 N 5-ad18-2
Judge of the Supreme Court of the Russian Federation Merkulov V.P., examined the complaint with measnikova M.V. The resolution of the Deputy Head of the Moscow Administrative Road Inspection of August 13, 2015, entered into legal force No. 78210177150813107061, the decision of the head of the Moscow Administrative Road Inspection of December 4, 2015, the decision of the Judge of the Cheremushkinsky District Court of Moscow of August 5, 2016 N 12 -528/16, the decision of the Judge of the Moscow City Court dated December 14, 2016 No. 7-16398 / 2016 and the Resolution of the Deputy Chairman of the Moscow City Court of June 27, 2017 N 4A-3231/2017, issued against the butcher Marina Vladimirovna in the case On the administrative offense stipulated by Part 5 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation,
Resolution of the Supreme Court of the Russian Federation of 05.02.2018 N 5-ad18-3
Judge of the Supreme Court of the Russian Federation Merkulov V.P., examined the complaint with measnikova M.V. The resolution of the Deputy Head of the Moscow Administrative Road Inspection of September 10, 2015, which entered into legal force of September 10, 2015 N 78210177150910103180, the decision of the head of the Moscow administrative road inspection of December 4, 2015, the decision of the Judge of the Cheremushkinsky District Court of Moscow of September 29, 2016 N 12 -1230/16, the decision of the Judge of the Moscow City Court dated November 14, 2016 N 7-14310 / 2016 and the Resolution of the Deputy Chairman of the Moscow City Court dated June 21, 2017 N 4A-3236/17, issued against Butcher Marina Vladimirovna in the case On the administrative offense stipulated by Part 5 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation,
Resolution of the Supreme Court of the Russian Federation of 09.02.2018 N 5-ad18-5
Judge of the Supreme Court of the Russian Federation Merkulov V.P., examined the complaint with measnikova M.V. The resolution of the Deputy Head of the Moscow Administrative Road Inspection of September 25, 2015, entered into legal force No. 78210177150925103858, the decision of the head of the Moscow administrative road inspection of December 4, 2015, the decision of the Judge of the Cheremushkinsky District Court of Moscow of September 29, 2016 N 12 -1231/16, the decision of the Judge of the Moscow City Court dated November 14, 2016 No. 7-14311 / 2016 and the Resolution of the Deputy Chairman of the Moscow City Court of August 11, 2017 N 4A-3239/17, issued against the butcher Marina Vladimirovna in the case On the administrative offense stipulated by Part 5 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation,
Resolution of the Supreme Court of the Russian Federation of 03/15/2018 N 5-ad18-24
Judge of the Supreme Court of the Russian Federation Merkulov V.P., examined the complaint with measnikova M.V. The resolution of the Deputy Head of the Moscow Administrative Road Inspection of July 13, 2015, entered into legal force No. 78210177150713104974, the decision of the head of the Moscow administrative road inspection of November 30, 2015, the decision of the Judge of the Cheremushkinsky District Court of Moscow of December 26, 2016 N 12 -591/16, the decision of the Judge of the Moscow City Court of March 16, 2017 N 7-3673/17 and the Resolution of the Deputy Chairman of the Moscow City Court dated June 21, 2017 N 4A-3233/17, issued against the butcher Marina Vladimirovna in the case On the administrative offense stipulated by Part 5 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation,
Resolution of the Supreme Court of the Russian Federation of 02/14/2018 N 5-ad18-9
Judge of the Supreme Court of the Russian Federation Nikiforov S.B., considered the complaint of the Zavarina Sergey Anatolyevich for the decision of the Deputy Head of the MADI inspection of September 23, 2015 No. 78210177150923133997, the decision of the Judge of the Meshchansky District Court of Moscow of March 28, 2016, the decision of the judge The Moscow City Court of June 14, 2016 and the Resolution of the Deputy Chairman of the Moscow City Court dated November 21, 2016, issued in relation to Zavarina Sergey Anatolyevich (hereinafter referred to as Zavarin S.A.) in the case of an administrative offense, provided for in part 5 of Article 12.16 of the Code of the Russian Federation On administrative offenses,
Resolution of the Supreme Court of the Russian Federation dated 16.04.2018 N 5-ad18-27
Judge of the Supreme Court of the Russian Federation Merkulov V.P., examined the complaint with measnikova M.V. The decision of the Deputy Head of the Moscow Administrative Road Inspection of July 27, 2015, which entered into force on July 27, 2015, N 78210177150727132347, the decision of the head of the Moscow Administrative Road Inspection of December 4, 2015, the decision of the Judge of the Cheremushkinsky District Court of Moscow of December 26, 2016 N 12 -587/16, the decision of the Judge of the Moscow City Court of March 16, 2017 N 7-2469/17 and the Resolution of the Deputy Chairman of the Moscow City Court dated June 21, 2017 N 4A-3234/17, issued against Butcher Marina Vladimirovna in the case On the administrative offense stipulated by Part 5 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation,
Resolution of the Supreme Court of the Russian Federation of 03.05.2018 N 46-ad18-5
Judge of the Supreme Court of the Russian Federation Nikiforov S.B., examined the complaint of Astashina Denis Alexandrovich for the decision of the TsAPAD inspector in the field of DD traffic police of the Ministry of Internal Affairs of Russia in the Samara Region dated August 08, 2017 No. 18810163170808424554, the decision of the judge of the Soviet District Court of Samara from September 05, 2017 and the resolution of the Deputy Chairman of the Samara Regional Court of November 17, 2017, issued against Astashina Denis Alexandrovich (hereinafter - Astashin D.A.) in the case of an administrative offense, provided for by part 2 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation .
Resolution of the Supreme Court of the Russian Federation of 05/23/2018 N 5-ad18-39
Judge of the Supreme Court of the Russian Federation Nikiforov S.B., examined the complaint of the defender of Loskutov V.A., acting on the basis of the order in the interests of Komolov A.A. To the decision of the Deputy Head of the Moscow Administrative Road Inspection (hereinafter - MADI) dated May 21, 2015 No. 78210277150519138945, the decision of the Tagansky District Court of Moscow on November 19, 2015, the decision of the Judge of the Moscow City Court of March 10, 2016 and Resolution of the Deputy Chairman of the Moscow City Court dated June 21, 2017, issued against Alexander Anatolyevich Comolov in the case of an administrative offense, provided for by part 5 of article 12.16 of the Code of Administrative Offenses,
Full text Art. 12.16 Code of Administrative Code with comments. New acting editorial With additions for 2020. Consultations of lawyers under Article 12.16 of the Administrative Code of the Russian Federation.
1. Failure to comply with the requirements prescribed by road signs or markup of the roadway, except in cases provided for by parts 2-7 of this article and other articles of this chapter -
(Abzatz in the editorial office entered into force on July 1, 2012 by the Federal Law of April 21, 2011 N 69-FZ; as amended by the Federal Law of April 5, 2013 No. 43-ФЗ.
warning entails a warning or imposition of an administrative fine in the amount of five hundred rubles.
(Paragraph in the editorial office entered into force from September 1, 2013 by the Federal Law of July 23, 2013 N 196-FZ.
2. Rotate to the left or turn in violation of the requirements prescribed by road signs or markup of the roadway, -
It entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Movement in the counter direction on the road with one-way movement -
The imposition of an administrative penalty in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of four to six months.
3.1. Re-committing an administrative offense provided for in paragraph 3 of this article -
The deprivation of the right to manage vehicles for a period of one year, and in the case of fixing the administrative offense, working in automatic mode with special technical means having functions of photo and filming, video recordings, or photo and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.
(Part additionally included on January 1, 2013 by the Federal Law of December 25, 2012 N 252-FZ)
4. Failure to comply with the requirements prescribed by road signs or markup of the roadway, prohibiting the stop or parking of vehicles, except for the case provided for by part 5 of this article -
The imposition of an administrative fine in the amount of one thousand five hundred rubles is entitled.
5. Violation provided for by part 4 of this article committed in the city of federal significance in Moscow or St. Petersburg -
It entails the imposition of an administrative fine in the amount of three thousand rubles.
(Part additionally included from July 1, 2012 by the Federal Law of April 21, 2011 N 69-FZ)
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 paragraph 7 of this article -
(Paragraph in the editorial office entered into force from June 19, 2015 by the Federal Law of June 8, 2015 N 143-FZ.
entails the imposition of an administrative fine in the amount of five hundred rubles.
7. Violation provided for by part 6 of this article and committed in the city of federal significance Moscow or St. Petersburg -
entails the imposition of an administrative fine in the amount of five thousand rubles.
(Part additionally included from April 19, 2013 by the Federal Law of April 5, 2013 N 43-FZ)
____________________________________________________________________
Part 7 of this article (as a result of this Federal Law of April 5, 2013, N 43-FZ) applies from July 1, 2013 - paragraph 2 of Article 36 of the Federal Law of April 5, 2013 N 43-FZ.
____________________________________________________________________
(The article in the wording enacted from November 21, 2010 by the Federal Law of July 23, 2010 N 175-FZ.
Comment on Article 12.16 of the Codecha RF
1. The objects of this administrative offense are public relations in the field of road safety.
2. Failure to comply with the requirements prescribed by road signs or markup of the roadway, covered by the composition of this article, except in cases provided for by other articles of chapter 12 of the Code (Article 12.9, Part 2 of Article 12.13, part 2 and 3, Art. 12.14, part 2 Art. 12.15, part. 1 and 2, Article 12.19, part 1, Article 12.21), as well as part 2 and 3 of the commented article.
3. Part 2 of this article provides for increased responsibility for maneuvering in the form of turning to the left or reversal in violation of the requirements prescribed by road signs or markup of the roadway.
4. Road or driving part, according to which the movement of vehicles across the entire width is carried out in one direction, is an expensive one-sided movement. Violation by the driver of the requirements of road signs 5.7.1 and 5.7.2 "Departure to a unilateral movement" or road sign 3.1 "Entry is prohibited", which caused the movement in the counter direction along the road intended for one-way movement, qualifies under Part 3 of the commented article.
5. The subjects of the offense are drivers of vehicles.
6. The subjective side is characterized by deliberate wine.
7. Cases on administrative offenses provided for by the commented article are considered by the head of the State Traffic Safety Inspectorate, his deputy, regiment commander (battalion, company) of the road-patrol service, his deputy (Art. 23.3). Cases under Part 3 of this article are considered by judges in cases where the specified official to which the case has been received about such an administrative offense, conveys it to the judge (part 2 of article 23.1). Cases of violations qualified under part 1 and 2 of this article are also authorized to consider employees of the State Road Safety Inspectorate, which have a special title (Art. 23.3).
Administrative offenses are compiled by officials of the internal affairs bodies (police) (part 1, Art. 28.3).
Consultations and comments of lawyers under Article 12.16 of the Administrative Code of the Russian Federation
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