2. Exceeding set speed vehicle by magnitude more than 20, but not more than 40 kilometers per hour -
shut down administrative fine in the amount of five hundred rubles.
3. Exceeding the installed velocity speed of the vehicle by more than 40, but not more than 60 kilometers per hour -
it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Exceeding the installed vehicle speed speed by more than 60, but not more than 80 kilometers per hour -
the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles or deprivation of the right to manage vehicles for a period of four to six months.
5. Exceeding the installed vehicle movement speed by more than 80 kilometers per hour -
the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of six months.
6. Re-execution administrative offenseprovided for by part 3 this article, -
the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles.
7. Re-committing an administrative offense provided for by parts 4 and 5 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 recording - the imposition of an administrative fine in the amount of five thousand rubles.
Expert comment:
Excess the speed path set for a certain section is one of the most meaningful reasons DTP. The punishment for it is defined in the legislation of almost all countries of the world. In Russia, it occurs on the basis of Art. 12.9 of the Administrative Code.
Comments to Art. 12.9 of the Administrative Code of the Russian Federation
1. The objects of offenses provided for by the commented article are public relations in the field of security road. This article establishes administrative responsibility for the most common type of traffic rules violations, which is the main cause of road traffic accidents.
2. From the objective side, the administrative offenses provided for by the commented article are expressed in the drivers of the installed speed of movement.
3. In accordance with the rules of the Road Movement of the Russian Federation, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (C None. And Extras), the driver must conduct a vehicle at a rate not exceeding the established limit. Restrictions are divided into common, special and local. General restrictions Movement speeds are set by paragraph 10.2 - 10.4 of the rules and apply to the entire street-road network. Special restrictions are introduced for certain types of vehicles or certain types of transport. Local speed limits are set on the basis of the conditions of movement at specific areas of roads. Unlike general and special restrictions, local is entered only with road signs. The installed upper speed limit does not guarantee traffic safety, so the driver of the vehicle must independently choose the optimal speed mode within the limits established by the rules, taking into account the set of factors specified in paragraph 10.1 of the Rules (traffic intensity, features and condition of the vehicle and cargo, road and weather conditions, visibility in the direction of movement).
Exceeding the limitations of the installed speed of the movement provided for by the rules, by a value of at least 10, but no more than 20 km / h qualifies under part 1, by magnitude more than 20, but not more than 40 km / h - under part 2, by magnitude more than 40 But not more than 60 km / h - under Part 3, by the amount of more than 60 km / h - under Part 4 of this article. The identification of this type of offense is possible using special technical devices (see Comment to Art. 26.2).
4. The subject of administrative offenses can only be the driver.
5. From the subjective side, the offenses under consideration are characterized by intentional fault.
6. Cases on administrative offenses provided for by the commented article are considered by the boss. State inspection Road safety, his deputy, regiment commander (battalion, company) of the road-patrol service, his deputy (Art. 23.3), and under Part 4 - also by judges in cases where the specified officials transfer the case for consideration by the judge (h. 2 Art. 23.1). Cases of violations qualified under part 1 - 3 of this article are authorized to consider employees of the State Road Safety Inspectorate, having a special title (Art. 23.3).
Administrative offenses are drawn up officers Internal affairs bodies (police) (part 1, Art. 28.3).
Article 12.9 Administrative Code of the Russian Federation with comments and changes 2019-2020
2. Exceeding the set speed of vehicle movement by more than 20, but not more than 40 kilometers per hour -
entails the imposition of an administrative fine in the amount of five hundred rubles.
3. Exceeding the installed velocity speed of the vehicle by more than 40, but not more than 60 kilometers per hour -
it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Exceeding the installed vehicle speed speed by more than 60, but not more than 80 kilometers per hour -
the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles or deprivation of the right to manage vehicles for a period of four to six months.
5. Exceeding the installed vehicle movement speed by more than 80 kilometers per hour -
the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of six months.
6. Repeated administrative offense provided for in paragraph 3 of this article -
the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles.
7. Re-committing an administrative offense provided for by parts 4 and 5 of this article -
the deprivation of the right to manage vehicles for a period of one year is entitled, and in the case of fixing the administrative offense, working in automatic mode with special technical means that have functions of photo and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.
Commentary on Article 12.9. COAP RF:
1. Objects of offenses provided for by the commented article are public relations in the field of road safety. This article establishes administrative responsibility for the most common type of traffic rules violations, which is the main cause of road traffic accidents.
2. From the objective side, the administrative offenses provided for by the commented article are expressed in the drivers of the installed speed of movement.
3. In accordance with the rules of the Road Movement of the Russian Federation, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (C None. And Extras), the driver must conduct a vehicle at a rate not exceeding the established limit. Restrictions are divided into common, special and local. The total limitations of the speed of movement are set by paragraph 10.2 - 10.4 of the rules and apply to the entire street-road network. Special restrictions are introduced for certain types of vehicles or certain types of transport. Local speed limits are set on the basis of the conditions of movement at specific areas of roads. Unlike general and special restrictions, local is entered only with road signs. The installed upper speed limit does not guarantee traffic safety, so the vehicle driver is obliged to independently choose the optimal high-speed mode within the rules established by the rules, taking into account the set of factors specified in paragraph 10.1 of the Rules (traffic intensity, features and condition of the vehicle and cargo, road and meteorological conditions , visibility in the direction of movement).
Exceeding the limitations of the installed speed of the movement provided for by the rules, by a value of at least 10, but no more than 20 km / h qualifies under part 1, by magnitude more than 20, but not more than 40 km / h - under part 2, by magnitude more than 40 But not more than 60 km / h - under Part 3, by the amount of more than 60 km / h - under Part 4 of this article. The identification of this type of offense is possible using special technical devices (see Comment to Art. 26.2).
4. The subject of administrative offenses can only be the driver.
5. From the subjective side, the offenses under consideration are characterized by intentional fault.
6. Cases on administrative offenses provided for by the commented article are considered by the head of the State Traffic Safety Inspectorate, his deputy, commander of the regiment (battalion, company) of the road-patrol service, its deputy (Art. 23.3), and under Part 4 - also by judges In cases where the specified officials transfer the case for consideration by the judge (Part 2 of Art. 23.1). Cases of violations qualified under part 1 - 3 of this article are authorized to consider employees of the State Road Safety Inspectorate, having a special title (Art. 23.3).
Administrative offenses are compiled by officials of the internal affairs bodies (police) (part 1, Art. 28.3).
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If, when controlling the vehicle, the driver exceeds the installed speed mode (it may be limiting signs or riding in certain areas: yards, settlements, etc.), then he threatenspenalty 500 rub.
Fix the violation can as a traffic police officer using special radars measuring the speed with which you are moving and automatic cameras installed on many streets and tracks. And if the radar readings can still be argued (for example, if the DVR is working in the cabin and the speedometer arrow is clearly visible in the frame), then there is nothing to object against the cameras - everything is fixed automatically. The device considers the number of your car and then send you a printout - where, when and how much the speed was exceeded.
Excessively fast ride - one of the most frequent violations of traffic rulesaccording to which the driver must move at a rate not exceeding this plot road restrictions, as well as take into account the intensity of the transport flow, technical condition own auto, availability and nature of cargo transported, weather conditions and time of day and mn. Dr. It is necessary to choose the optimal speed that will allow you to control the situation on the road and comply with all the requirements of traffic rules.
In case of danger, you need to drop speed up to the stop, in order to avoid emergency situations or accident.
- If you are moving around the settlement, then you need to go faster 60 km / h, in the courtyard territories - a maximum of 20 km / h.
In addition, it is necessary to follow road signs that limit the speed of movement (the requirements of recommending signs are not mandatory for execution). Sometimes there is an increase in speed on separate roads, but not more than the indicators when driving on the highway installed for the transport you used.
- For example, on a passenger car or truck weighing up to 3.5 tons outside settlements, you can drive at a speed of up to 90 km / h, and on highways (if this road is equipped with relevant signs) - up to 110 km / h.
If you manage a long-distance or a small bus or a motorcycle, you can only accelerate up to 90 km per hour.
- Other types of buses, heavy trucks, as well as trailer cars are allowed to go through highways at a speed of up to 90 km per hour, and on other roads (outside settlements) - up to 70 km per hour.
New edition of Art. 12.9 of the Administrative Code of the Russian Federation
2. Exceeding the set speed of vehicle movement by more than 20, but not more than 40 kilometers per hour -
entails the imposition of an administrative fine in the amount of five hundred rubles.
3. Exceeding the installed velocity speed of the vehicle by more than 40, but not more than 60 kilometers per hour -
it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Exceeding the installed vehicle speed speed by more than 60, but not more than 80 kilometers per hour -
the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles or deprivation of the right to manage vehicles for a period of four to six months.
5. Exceeding the installed vehicle movement speed by more than 80 kilometers per hour -
the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of six months.
6. Repeated administrative offense provided for in paragraph 3 of this article -
the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles.
7. Re-committing an administrative offense provided for by parts 4 and 5 of this article -
the deprivation of the right to manage vehicles for a period of one year is entitled, and in the case of fixing the administrative offense, working in automatic mode with special technical means that have functions of photo and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.
Commentary on Article 12.9 of the Administrative Code
1. The object of the offense is the safety of the road, the life and health of citizens. The driver must conduct a vehicle at a speed not exceeding the limit. IN settlements The movement of vehicles at a rate of no more than 60 km / h is allowed, and in residential areas and in the courtyard territories - no more than 20 km / h.
2. The objective side of the offense is characterized by non-compliance with the rules of the road and is expressed in exceeding the installed speed. If the speed exceeds no longer reached a value of 10 kilometers per hour, then the fact of the offense is absent.
3. Subjective side The offense is characterized by fault in the form of intent. The subject of the administrative offense is a person controlling the vehicle and has reached the age of sixteen. Exceeding the installed velocity velocity vehicle is qualified at the time of detection and entails the application to the violator of administrative responsibility measures in accordance with the commented article.
Another comment to Art. 12.9 Code of the Russian Federation on Administrative Offenses
1. The object of the offense is the safety of the road, the life and health of citizens.
For collateral purposes road safety Vehicle drivers as road participants are obliged to observe the speed of movement established by the rules of the road.
The driver must conduct a vehicle at a rate not exceeding the established limit, while taking into account the intensity of the movement, the features and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of movement. The speed should provide the driver with the ability to continuously monitor the movement of the vehicle to fulfill the requirements of the rules of the road.
The driver is prohibited: exceed the speed determined by the technical characteristic of the vehicle; exceed the speed indicated on the identification sign "speed limit" installed on the vehicle; Create interference with other vehicles, moving without the need with too low speed; Strongly slow down, if it is not required to prevent traffic accidents.
2. The objective side is characterized by non-compliance. specified Rules Road traffic and expressed in exceeding the set speed of movement.
According to the objective design, the violation provided for in this article forms a formal composition, it is considered to be finished at the time of exceeding the speed. The fact of exceeding the set speed should be installed in all cases using a special technical deviceexisting traffic police officers.
The amount of speed is important to solve the question of the form and size administrative punishment: If the speed exceeding did not reach the value of 10 kilometers per hour - the fact of the offense is absent.
The offense qualifies under Part 1 of Article 12.9 in case of exceeding the installed velocity velocity by 10 to 20 kilometers per hour.
For exceeding the installed velocity speed by a value of 20 to 40 kilometers per hour administrative responsibility It comes under Part 2 of the commented article 12.9 of the Administrative Code of the Russian Federation.
From the objective side, the action provided for in Part 3 of this article is expressed in exceeding the established velocity speed of the vehicle by 40 to 60 kilometers per hour.