Full text Art. 12.15 COAP of the Russian Federation with comments. New acting editorial With additions for 2020. Consultation of lawyers under Article 12.15 of the Administrative Code of the Russian Federation.
1. Violation of the rules for the location of the vehicle on the roadway part of the road, a counter-off, as well as the movement along the roads or the intersection of organized transport or walk columns or occupation of the place in it (paragraph in the editorial office entered into operation from November 21, 2010 Federal law dated July 23, 2010 N 175-FZ -
Shut down administrative fine In the amount of one thousand 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.
1.1. Non-fulfillment by the driver of a low-speed vehicle, a vehicle carrying a large cargo, or a vehicle moving at a speed not exceeding 30 kilometers per hour, out settlements Requirements rules road Skip the vehicles following him for overtaking or advance -
It entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
(Part additionally included from May 2, 2014 by the Federal Law of April 20, 2014 N 77-FZ)
2. Movement on cycling or pedestrian paths or sidewalks in violation of traffic rules -
It entails the imposition of an administrative fine in the amount of two thousand rubles.
3. Departure in violation of road traffic rules, intended for the oncoming movement, during the details of the obstacles either on the tram paths of the counter direction during the details of the obstacles -
(Abzatz, as amended from November 21, 2010, the Federal Law of July 23, 2010 N 175-FZ; as amended by the Federal Law of December 25, 2012 from January 1, 2013, No. 252-ФЗ.
it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Departure in violation of the rules of road traffic on the band, intended for the oncoming movement, or on the tram paths of the counter direction, except in cases provided by part 3 of this article -
(Paragraph in the editorial office introduced on November 21, 2010 by the Federal Law of July 23, 2010 N 175-FZ
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.
(Paragraph in the editorial office entered into force from January 1, 2013 by the Federal Law of December 25, 2012 N 252-FZ.
5. Re-execution administrative offenseprovided for in paragraph 4 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.
(Part additionally included on January 1, 2013 by the Federal Law of December 25, 2012 N 252-FZ)
(An article in the wording enacted from August 11, 2007 by the Federal Law of July 24, 2007 N 210-FZ.
Commentary on Article 12.15 Administrative Code
1. The objects of the considered administrative offenses are public relations in the field of road safety.
2. The objective side of the administrative offense provided for in Part 1 of this article is to violate the rules for the location of the vehicle on the carriageway of the road, a counter-off, as well as in motion on the roads or crossing the organized transport or walking columns or occupying a place in it.
General requirements for the location of vehicles on the carriage part are set by Section 9, the counter-section - section 11, the intersection of organized transport or walk columns or occupation of the place in it - para. 4 p. 2.7, in motion on the roads - p. 9.9 of the rules of the road Russian Federation, approved by the Decree Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090 (with change and extra.).
3. From the objective side of Part 2 of this article is expressed in motion on cycling or pedestrian paths or sidewalks in violation of the rules.
Only in exceptional cases specified by the rules, vehicle movement is allowed for the sidewalk. While in permitted cases on the sidewalk or pedestrian walkway, the driver does not have any advantage over pedestrians, and it lies with full responsibility for ensuring road safety.
4. Part 3 of the commented article provides for increased responsibility for departing in violation of road traffic rules, intended for the oncoming movement, during the details of obstacles. Paragraph 9.2 on the roads with double-sided movement, having four or more bands, it is prohibited to leave for a trace to the strip intended for the oncoming movement. In accordance with the rules of the obstacle, a fixed object on the movement strip (defective or damaged vehicle, a detection of roadway, foreign objects, etc.), not allowing to continue the movement along this strip.
5. For part 4, the article is qualified by departing in violation of the rules for the band, intended for the oncoming traffic, except in cases provided for in. 3 of the commented article. This part has increased responsibility for non-fulfillment of paragraphs 9.2, 9.3, 9.6, para. 2 and 6 p. 11.4 of the section "Obgon, ahead, counter-train", para. 8 p. 15.3 of the section "Movement through railways"Rules in accordance with paragraph 2 of paragraph 11.4 of the rules are prohibited to overtaking on adjustable intersections with departure on the head of the oncoming movement, as well as in unregulated intersections when driving on the road that is not the main one. According to the paragraph 6 of paragraph 11.4 of the Obgon Rules is prohibited The end of the lifting and on other areas of roads with limited visibility with the departure of the oncoming traffic. In accordance with the paragraph 8 of paragraph 15.3 of the rules, it is prohibited to travel around with the departure of the oncoming movement before moving vehicles.
In addition, under Part 4 commented on the article should qualify unlawful acts in the form of departure to the side of the road, intended for the oncoming movement, when driving on the road with one movement for each direction as a result of violation of the requirements of road signs 3.20 "Obgon is prohibited," 3.22 " Overtaking trucks Forbidden, "5.11" The road with a strip for the route vehicles ", as well as road markings 1.1. Also, at part 4 of the commented article, the departure to the tram routes of the counterpart is qualified. Paragraph 9.6 of the Rules provides an exception from general rules And it establishes that in the presence of tramways of the associated direction, located on the left on the same level, it is allowed to move when all bands are occupied. With this rules, it is prohibited to travel to the tram routes of the counter direction.
6. The subjects of the offenses are drivers of vehicles.
7. Subjective side Characterized by intentional wine.
8. Cases on administrative offenses, provided for by Part 1 - 3, as well as part 4 (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 means , video recording) commented on the 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). Affairs of administrative offenses under part 1 and 2 of this article can also be considered by the staff of the State Road Safety Inspectorate, which have a special title (Art. 23.3). Cases under Part 4 of this article (except in cases of fixing the administrative offense with special technical means working in automatic mode) are considered by the judges (part 1 of article 23.1).
Administrative offenses are drawn up officers Internal Affairs (Police) (Part 1, p. 1 h. 2, Art. 28.3).
Consultations and comments lawyers under Article 12.15 of the Administrative Code of the Russian Federation
If you have any questions about Article 12.15 of the Administrative Code of the Russian Federation and you want to be confident in the relevance of the information provided, you can consult the lawyers of our site.
You can ask a question by phone or on the site. Primary consultations are held free from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.
Road rules are prohibited from entering the road strip or a tram path that are designed for movement in the counter direction.
As an exception, situations are listed in the third part of the article.
The punishment measure in accordance with this administrative offense is:
- appointment of a fine of five thousand rubles;
- seizure driver's license For a period of four to six months.
In most cases, in such a situation, according to this article, the Protocol is issued if the driver carried out certain actions.
The actions are as follows:
- driver crossed a double continuous line of road markup;
- violated one continuous line;
- made overtaking on the road section, not paying attention to the sign that prohibits such an action;
- carried out a departure to the movement rails, which are intended for oncoming traffic;
- moved in the wrong direction one-sided roadwhere it is strictly expected to counter traffic.
The exceptions are those cases in which the rights of violators protect experienced lawyersowning the subtleties of automotive law. Sometimes the intersection of the road markup band is motivated by the need to drive around the interference. In this case, the deprivation of rights is estimated as a groundless, lawyer in the automobile law will be able to assist to retrain this case on another article.
Application administrative measures Punishment is illegally, if the car enthusiast was seen on the strip to move the movement in the counter direction on the site of the roadway, where the markup is not indicated. This also applies to those lines that cannot be identified due to large snow drifts.
Professional lawyers who understand the automotive law build a protective process to convert business qualifications to Article 12.16, when the rules that are provided for by road signs and markup are not complied with. In this case, the driver is made a warning or punishment in the form of a fine size of 500 rubles.
If the driver decided to overtaking on the part of the road, where the markup line is intermittent, and left in the place where it is continuous, such actions are considered by the staff of the traffic police in accordance with the first part of Article 12.16: in particular, it is envisaged to confiscate the rights for the fare under brick.
When lawyers are taken for business
Often, lawyers are taken to help drivers who have done a departure to configured stripe Movements, only in two cases.
First case
If a traffic police officer, in the course of attracting a violator to justice, made significant errors regarding procedural legislation. We are talking about changes in the algorithm for liability, as well as serious violations related to the filling of documents.
To determine which, actually actions were made incorrectly, it seems possible only after thorough familiarization with the materials of this administrative case.
Moreover, to detect significant procedural errors that are not reflected in the case file, real in the process court sessionWhen the testimony of witnesses is presented, recording cameras of DVRs and the testimony of witnesses.
Lawyers argue that today there is also whole line Others, no less effective ways to excuse the violators in this case.
Second case
If the owner of the car is initially innocent in the impaired violation of an administrative nature. In particular, when the driver did not make overtaking. In this case, lawyers likely need to familiarize themselves with the materials of the case and determine all the important circumstances.
To get the expected positive outcome of the case, it is necessary to comply with a certain procedure for the transfer of the case to obtain legal aid.
The procedure is as follows:
- If the case of the alleged offender has already been transferred to higher instance, But the date of consideration has not yet been defined either before the hearings there are about three days left, do not worry: not all is lost. Lawyers are recommended in this case to fill in a petition () on familiarization with the materials of the case, which must be prepared in two copies. If the date of the meeting has already been appointed, and less than three days remained before the hearings, you need to fill in the petition for the depositing of the case ().
- After you need to transfer the prepared petition of the judge. In the first version, this can be done through the stationery, in the second - right during the meeting. Both options suggest the immediate transfer of the case file.
- The materials obtained should be photographed and convey to professional lawyers.
ST 12.15 COAP RF
1. Violation of the rules for the location of the vehicle on the carriageway of the road, the oncoming road, as well as the movement along the roads or the intersection of organized transport or walk columns or occupation of the place in it -
the imposition of an administrative fine in the amount of one thousand five hundred rubles is entitled.
1.1. Failure by the driver of a low-speed vehicle, a vehicle carrying a large cargo, or a vehicle moving at a speed not exceeding 30 kilometers per hour, beyond settlements, the requirements of the road rules to miss the vehicles following it for overtaking or ahead -
2. Movement on cycling or pedestrian paths or sidewalks in violation of traffic rules -
it entails the imposition of an administrative fine in the amount of two thousand rubles.
3. Departure in violation of road traffic rules, intended for the oncoming movement, during the details of the obstacles either on the tram paths of the counter direction during the details of the obstacles -
it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Departure in violation of the rules of road traffic on a band, intended for the oncoming movement, or on the tram paths of the counter direction, except in cases provided for by paragraph 3 of this article -
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.
5. Re-committing an administrative offense provided for in paragraph 4 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.
Comment to Art. 12.15 Code of Administrative Offenses of the Russian Federation
In the rules of the road traffic, the term "sidewalk" is considered as an element of a road intended for moving pedestrians and adjacent to the roadway, or to a bicycle path, or to a bicycle path or separated from them a lawn (clause 1.2).
The objective side of the composition of the administrative offense, provided for by Part 2 of the commented article, forms the movement of vehicles on cycling or pedestrian paths or sidewalks in violation of the rules of the road.
4. Paragraph 9.2 of the rules of the road provides that on roads with double-sided movement, having four or more bands, it is prohibited to travel to a trace on the strip intended for the oncoming traffic. In paragraph 9.6 of the rules of the road, the ban on the departure to the tram routes of the counter direction. The key value for the qualification of the offense under Part 3 of the article under consideration is the interpretation of the term "obstacle".
In the rules of road traffic, the obstacle is defined as a fixed object on the movement strip (faulty or damaged vehicle, a detection of roadway, foreign objects, etc.), which does not allow to continue the movement along this strip. It is not an obstacle to the tap or vehicle stopped on this strip of movement in accordance with the requirements of the Rules.
Thus, the objective side of the composition of the administrative offense, provided for by Part 3 of the Commented Article 12.15 of the Code of Administrative Offenses of the Russian Federation, forms a departure in violation of the rules of road traffic on a band, intended for the oncoming movement or on the tram paths of the counter direction during the details of the obstacles.
5. For h. 4 tbsp. 12.15 The COAP of Russia is subject to qualifications of actions that are associated with violation by drivers of the requirements of road traffic rules, road signs or markups, entrusted to the departure to the band, intended for the oncoming movement, or on the tram paths of the oncoming direction, except in the cases provided for by Part 3 of the commented article. Directly such requirements are set in the following cases:
On roads with double-sided movement having four or more bands, it is prohibited to leave for overtaking or tracing on the strip, intended for the oncoming traffic (clause 9.2 of the rules of the road). In this case, violation of this requirement associated with the detour of obstacles should be qualified under part 3 of Art. 12.15 of the Administrative Code;
On the roads with double-sided movement having three bands designated by markup, the average of which is used to move in both directions, it is prohibited to travel to the extreme left band, intended for the oncoming movement (clause 9.3 of the traffic rules);
It is prohibited to overtaking on adjustable intersections, as well as in unregulated intersections when driving along the road that is not the main one; on pedestrian crossings in the presence of pedestrians on them; on railway moving and closer than 100 m in front of them; at bridges, overpass, overpass and under them, as well as in tunnels; at the end of the lifting, on dangerous turns and in other areas with limited visibility (clause 11.4 of the rules of the road);
It is forbidden to turn around with the departure of the oncoming movement facing the railway transportation vehicles (paragraph 8 of section 15.3 of the traffic rules);
It is forbidden to travel to the tram paths of the counter direction. However, the movement along the tram paths of the associated direction, located on the left at one level with the carriageway, when all the bands of this direction are occupied, as well as during the circulation, turning to the left or reversal, taking into account paragraph 8.5 of traffic rules, if the tram is not created (n . 9.6 road rules);
The turn should be carried out in such a way that when traveling from the intersection of the passage parts, the vehicle was not on the side of the oncoming traffic (paragraph 8.6 of the rules of the road).
Movement on the road with a double-sided movement in violation of the requirements of road signs 3.20 "Obgon is prohibited", 3.22 "Obgon trucks forbidden", 5.11 "Road with a strip for route vehicles" (when such a band is intended for the oncoming traffic), 5.15.7 "Direction The movements on the stripes ", when this is due to the departure on the oncoming movement, and (or) road markings 1.1, 1.3, 1.11 (separating the transport streams of opposite directions) also forms an objective side of the composition of the administrative offense, provided for by Part 4 of Art. 12.15 Administrative Code. In addition, the objective side of this composition of the administrative offense is formed a traffic sign 4.3 "Circular Movement".
Considering that the road sign 3.20 means a ban on the implementation of overtaking for all vehicles, with the exception of low-speed, as well as manpieces, mopeds and two-wheeled motorcycles without a carriage, overtaking such means in the area of \u200b\u200bthis sign by other vehicles in the absence of other prohibitions established by the rules Road traffic (for example, paragraph 11.4), does not form an objective side of the composition of the administrative offense, provided for by Part 4 of Art. 12.15 Administrative Code.
It is also necessary to keep in mind that the overtaking of low-speed vehicles cannot be qualified under Part 4 of Art. 12.15 COAP of the Russian Federation in cases where:
In the road sign zone 3.20 there is road markup 1.1 or 1.11, because, according to paragraph 1 of Annex N 2 to the rules of road traffic, in contradiction, the values \u200b\u200bof road signs and lines of horizontal markup, the priority has a road sign that the driver must be guided;
The driver in the zone of the road sign 3.20 was overtaking the vehicle for which the manufacturer was installed with a maximum speed of not more than 30 km / h, including in the absence of an identification mark that informs the participants in the road to the affiliation of this vehicle to the lowest vehicles . In this case, the driver made a maneuver in accordance with the requirements of the specified road sign, and therefore it cannot be attracted to administrative responsibility for the inaction of the owner (owner) of a low-speed vehicle that did not establish an appropriate sign on this vehicle in violation of the requirements of P. 8 basic provisions for the access of vehicles to operation.
The actions of the driver who performed in the zone of the sign 3.20 overtaking a mechanical vehicle, which was moving at a speed of no more than 30 km / h, but not in their constructive peculiarities of low-speed vehicleare subject to qualifications for h. 4 tbsp. 12.15 Administrative Code of the Russian Federation (paragraph 8 of the Resolution of the Plenum Supreme Court RF N 18).
6. Re-committing an offense provided for in Part 4 of the commented article forms an objective side of the administrative offense provided for in Part 5 of the analyzed article.
7. The subjects of the offenses provided for by the commented article are drivers of vehicles, their actions are characterized by a deliberate form of guilt.
8. Affairs on administrative offenses, provided for in part 1 - 4, part 5 (in the case of fixing the administrative offense, working in automatic mode with special technical means that have functions of photo and filming, video recordings, or photo and filming, video recording ) The commented article is considered by the head of the State Traffic Inspectorate, his deputy, head of the Center for Automated Fixation of Administrative Offenses in the Traffic Area of \u200b\u200bthe State Traffic Inspectorate, his deputy, commander of the regiment (battalion, company) of the road-patrol service, its deputy (). Affairs on administrative offenses under part 1 - 3 tbsp. 12.15 The Administrative Code of the Russian Federation can be considered by the staff of the traffic police who have a special title (Art. 23.3 of the Administrative Code of the Russian Federation). For hours, the article may be considered by the judges in the case when the official of the traffic police, to which the appropriate case received, transmits it to the judge (). At part 5 of the commented articles of the case are considered by the judges (except in the cases of fixing the administrative offense working in automatic mode with special technical means that have functions of photo and filming, video recording, or photo and film photography, video recordings) (Part 1 of Art. 23.1 Code RF).
9. Protocols on relevant administrative offenses are compiled by officials of the internal affairs bodies (police) ().
Employees of the traffic police this rate is applied incorrectly, since in Part 4 of Article 12.15, the COAP clearly states that the punishment is provided for departing to the side of the road intended for the oncoming traffic only in cases where it is prohibited by traffic rules. And these cases are specified in the specific points of the road traffic rules. In addition to the rules of the road and the Code of administrative responsibility, there are Resolution of the Plenum of the Supreme Court of the Russian Federation, which regulate their use, as well as other regulations, allowing to qualify this or that act of software, let's call it that correct item.
Article Codepa 12.15 Part 4 - deprivation or penalty, with comments of a lawyer
Attention
The employee find out the address of the traffic police department in order to send a complaint to his head, who does not follow the correctness of the placement of technical means of organizing road traffic on the entrusted section of the road. To the court, where your case will be considered, a request to request the deployment of road signs on this section of the road is the only thing that may testify to your favor.
Info
See also explanations in the human language to Article 12.9, part 2 and 3 of Article 12.16, the solid began suddenly. Driving on the road. There is no markup. On the roadside there is a wagon (or another big car).
Suddenly neither with anyone appears Solid line Marking. GOST R 52289-2004 5.1.4. The range of visibility of the sign should be at least 100 m.
6.2.8.
How to avoid deprivation of rights for departure to the oncoming lane?
Overtaking, counterclocking 11.2. The driver is prohibited from performing overtaking in cases if: - a vehicle moving in front produces overtaking or trading the obstacle; - a vehicle moving in front of the same strip, filed a signal to the left; - the next vehicle is the beginning of the overtaking; - At the end of the overtaking, it will not be able, without creating dangers for movement and interference to the transported vehicle, return to the previously occupied strip. 11.4. Obgon is prohibited: - on adjustable intersections, as well as on unregulated intersections when driving on the road that is not the main one; - on pedestrian crossings if there are pedestrians on them; - on railway moving and closer than 100 meters in front of them; - at bridges, overpass, overpass and under them, as well as in tunnels; - at the end of the lift, on dangerous turns and on other areas with limited visibility.
Penalty or deprivation of rights if the CFA article provides for a fine and deprivation?
Departure in violation of road traffic rules, intended for the oncoming movement, or on the tramways of the counter direction, except in cases provided for by part 3 of this article - entails the imposition of an administrative fine in the amount of 5,000 rubles or deprivation of the right to manage vehicles for a period of 4 up to 6 months. (as ed. Fed.Zak.OT 25.12.2012 N 252-ФЗ) Source - consultant, which is broken: - Road rules (traffic rules): 9.1.
The number of movement strips for firewood vehicles is determined by markup and (or) signs 5.15.1, 5.15.2, 5.15.7, 5.15.8, and if there are no, then drivers themselves, taking into account the width of the roadway, the dimensions of vehicles and the necessary intervals Between them.
403 - Access is prohibited
Markup 1.1 are used in the following cases: 1) to separate vehicle flows moving in opposite directions (axial line) on roads having two or three stripes for movement in both directions: - before crossroads in the intensity of motion on crossing road at least 50 ./set. The markup is applied for at least 20 (40) m from the edge of crossing roadway (Figure V.7); the first value on the roads with a permitted speed to 60 km / h, the value in brackets - at a speed of more than 60 km / h.
- before rail crossing - for 100 meters from the near rail; - in areas of roads where the visibility distance of the counter car is not provided - in accordance with Table 3; - before pedestrian transitions, intersections with bicycle paths - at a distance of 20 (40) m; - In areas of roads with three stripes for movement in both directions.
12.15 Part 4 ...
Important
The proceedings in the case of an administrative offense in the world court 1. You need to familiarize yourself with the case of an administrative offense case.
To do this, you must submit a petition for familiarization with the case file. 2. You need to grant written explanations in the case of an administrative offense.
2.1. In the case of fixing the administrative offense, an employee of the IDPS and the lack of evidence of an offense in the case of the case [in the case file there are no photographs that have imprinted a perfect violation] - you have a very real chance to avoid punishment for committing an administrative offense provided for in Part 4 of Art. 12.15 Administrative Code.
Claim Article 12.15 Part 4 of the Administrative Code
And once again we remind you that in affairs, for which, you should not neglect the help of professional lawyers. Qualified legal assistance has never prevented anyone else.
If you are not lucky and the court still deprived you of rights under Part 4 of Art. 12.15 Administrative Code, it is not worth a despair. First, you still have the chances of "breaking" this decision in appeal CourtAnd secondly, the period of deprivation of the right of office for departure to the oncoming was not so great and is from 4 to 6 months.
This is important: h. 4 tbsp. 12.15 Administrative Code of the Russian Federation provides for responsibility only for the "first" departure to the oncoming. If you already have in your baggage repeated punishment According to this article, and during the year is re-entering a similar violation, it will not be qualified under Part 4, but under Part 5 of Art. 12.15 Administrative Code, which provides for non-alternative deprivation of rights per 1 year.
Article 12.15 Part 4 Fine or deprivation
One of the compositions of the offense, according to Part 4 of Article 12.15 of the Administrative Code, is "Departure to the side of the roadway, intended for the oncoming traffic, in cases, if it is prohibited by the rules of the road." Some traffic police inspectors, not burdened with good knowledge of traffic rules, interpret the above article COAP in its own way.
According to the guards of the road order, you left on the head of the oncoming movement, thereby already committed an offense, provided for in Part 4 of Article 12.15 of the Administrative Code, and you can immediately select driver's license. In the future, on the basis of a compiled protocol, the traffic police decided to address the issue of depriving the right to control the car.
Article 1215 Part 4 Fine or deprivation
In the Decree of the Plenum of the Supreme Court of the Russian Federation No. 18 "On some issues arising from courts when applying the special part of the Code of the Russian Federation on Administrative Offenses" dated October 24, 2006, it is indicated for which violations a citizen can be held accountable when traveling to the oncoming lane Article 12.15.4 of the Administrative Code. Directly by MDDs such a ban is set in the following cases: P 9.2 - on roads with double-sided movement with four bands and more, it is prohibited to leave for overtaking, turning, turning to the side of the road intended for the oncoming traffic.
According to the sense of these norms, the right of persons for consideration of the case at his place of residence corresponds to the court's duty to provide the person who declared the corresponding petition, such an opportunity. " The signature of the person with respect to which the case of an administrative offense was initiated: should you sign a protocol on an administrative offense if you disagree with the offenses you sane? Yes, you need to sign any case, since the change in the administrative offense will be reflected and your explanations made. In the event that your signature is missing - consider that you have spent the time in vain.
If your signature on the protocol is missing, the IDPS employee will not be difficult to rewrite the protocol or contribute to it any corrections at its discretion, and your signature will protect you from reworking the protocol by the DPS inspector.
Despite the obligation to indicate the Administrative Offense Protocol, along with other information listed in Part 2 of Article 28.2 of the Code of Administrative Code, articles KoP RF or the law of the constituency of the Russian Federation providing for administrative responsibility For a person committed by a person, the right of the final legal qualifications of actions (inaction) of the personnel of the Code of the Russian Federation refers to the authority of the judge. If, when considering the case, it will be established that the protocol on an administrative offense contains incorrect qualifications of the perfect offense, the judge may retracted the actions (inaction) of the person to another article, which provides for the composition of the offense having a single generic object Encourse, provided that this does not impair the provisions of the person in respect of which the case was initiated, and does not change the jurisdiction of its consideration.
Each driver knows that every departure on the counter movement is dangerous. However, do not everyone know what to do in order to avoid punishment with the offense.
The counter of the movement is the most dangerous part of the road, as when leaving for it, road accidents may occur.
Practice shows that in such situations, cars move towards each other twice as fast, because the speed is doubled, and that is why the time to take a right decision is catastrophically a little.
Looking at all the terrible situations, it becomes clear why this route rule belongs to the group of the most dangerous offenses. In addition, for violation, the driver will be obliged to pay a large fine, and if the violation is even more serious, it can lose their rights to driving a car.
If there was a stop for violation of Article 12.15 and the inspector leads to what is threatened by deprivation of rights, however, you are sure that it is not right, then you need to consider on the example, as you can get out of such a situation.
First of all, examine the protocol as much as possible, which was the traffic police officer, since on the basis of it, deprivation of rights to control the vehicle will occur.
If you have objections to the presentation of the violation or by other circumstances, specify this in the protocol. During the trial, it will be excellent evidence, perhaps even basic.
An excellent option to confirm the need for actions - take a picture or to take on the video road conditions under which there was a departure to the oncoming lane and other facts that can confirm the driver's right.
After the violation protocol was drawn up and the driver received him a copy of his hands, he has 10 days to appeal. However, if for any reason he failed to appeal during these days, valid reason You can apply for the restoration of the term in the judicial authority.
The main thing is to pay attention to, - search for evidence and a qualified lawyer, since the decision to deprive the right to control the vehicle can only be discussed.
There are the following extenuating circumstances In these situations, which are provided for by Art. 4.2 Administrative Code:
- If a person has committed a violation of the rules of the road at the time of spiritual excitement, which was caused by tragic events in life - the death of relatives or loved ones, illness, etc.;
- If the driver repented in the deed;
- Good reputation (a positive characteristic of work is necessary) and a good driving story, namely the lack of previously perfect administrative offenses;
- Poor well-being either pregnancy at the time of the violation (medical confirmation is required);
- If the driver recognizes his guilt. It can work in the event that he has not previously been in police bases as an active offender and will be able to prove that the departure to the oncoming lane was unintentional. The need to go to the oncoming card can be considered bad road conditions, covered with snow, or if parked cars limited the ability to make a maneuver in their lane.
However, it is worth remembering that Art. 2.7 The Code of Administrative Offenses of the Russian Federation states that the departure to the oncoming lane may not be considered a violation if it was caused extreme necessity To prevent an emergency situation.
In addition, when preparing for legal proceedings, ask through the court a project or a road management scheme with all signs and markings on the road area where an offense happened. This will help to comprehensively consider the situation that happened and take the most objective decision.
A large role in this moment plays the terrain, the maintenance of roads and their repair and documentary confirmation of their states.
Buildings, the presence of various vegetation on the road, construction and vehicles and their effect on the road situation are related to the subsequent adoption of the relevant decision.
There are excellent ways to refute the traffic police officer and confirm your own. For this during court proceedings Give elementary mathematical calculations that will be able to confirm the established situation on the road section.
They only once again confirm linear, temporary and other parameters, as well as the distance on the actual circumstances of the event that has happened.
Thanks to this, there will be great chances to convince the judge that the perfect offense was insignificant. Moreover, in accordance with Part 1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation, such situations confirm the need and determine the departure to the oncoming lane.
Punishment for repeated departure to the oncoming
There is a punishment for re-committing this offense. It may be like this:
- part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation states that if the driver re-performs a violation in the exit to one-sided lane and moves in the counter direction, he faces the deprivation of rights to driving a vehicle for a period of one year;
- part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation states that if the driver comes from the head of the oncoming movement or on the tram paths of the oncoming direction, he threatens two outcome. The first is the deprivation of rights to driving a vehicle for a period of one year. The second is when fixing the administrative offense with special technical means that operate automatically and photographs and video recording, threatens a fine of up to 5000 rubles.
That's why repeated exit on the head of the oncoming movement, on the tram paths of the oncoming direction either when moving on the part of the road with one-sided direction In the opposite direction, leads to the following possible consequences:
- Deprivation of rights to managing the vehicle for a period of one year;
- In order to return the right, you need to pass theoretical exam on the knowledge of the rules of the road traffic of the Russian Federation.