What will be punishment for journey under “ brick “?
So turned out that taking into account all explanations and comments, journey under “ brick “ it began to be qualified under article 12. 16th p. 3 Administrative Code. As if it is silly sounded, but inspectors of traffic police without analysis to the right and on the left make protocols with the indication of this lishenchesky article.
To understand, who in what cases at violation of requirements of a road sign 3. 1, called in the people “ brick “ can get under Art. 12. 16 h 3 Codes of the Russian Federation on Administrative Offences or to manage a penalty according to Art. 12. 16 p.1 of the Code of the Russian Federation on Administrative Offences, we will understand.
We will address the p. 3. Art. 12. 16 which says: “ The Movement in the counter direction on the road with one-way traffic - attracts imposing of an administrative penalty of five thousand rubles or deprivation of the right of control of vehicles for a period of four about six months “.
Sign 3. 1 can be established in some cases and not always for full restriction of entrance.
We will understand what “ brick “ on our way can lead to deprivation of the right of management and what unconditionally forms structure of an offense under article 12. 16 p.1 the Code of the Russian Federation on Administrative Offences with punishment in the form of a penalty of 300 rubles.
In the National standard of the Russian Federation “ Technical means of the organization of traffic of the Rule of application of road signs, marking, traffic lights, road protections and guides of " devices; and also we will find a number of discrepancies in GOST P 52289 - 2004.
5. 4. 2 Sign 3. 1 “ Entrance is forbidden “ establish:
- on sites of roads or carriageways with one-way traffic for prohibition of the movement of vehicles in the counter direction. On roads with several carriageways separated from each other by the boulevard or a dividing strip, the sign is established for each carriageway with one-way traffic;
- on the roads designated by a sign 5. 11, for prevention of entrance of vehicles towards to the general stream;
- for a detour of obstacles with installation of the sign specifying the direction of the movement.
Pay attention to that fact that signs 5. 5 and 5. 6 (the beginning and the end of the road with one-way traffic) form a site of the road or the road “ with one-way traffic “ and sign 3. 1 “ brick “ forbids entrance on sites of roads or carriageways with one-way traffic for prohibition of the movement of vehicles in the passer to the main stream of vehicles the direction. At the same time departure on the side of the road intended for oncoming traffic is simply impossible. In that case, if one-way traffic is organized, it is formally possible to agree that having made such maneuver, the driver left on counter only on the basis of a trajectory of his movement - that is against the main stream of vehicles.
If signs 5. 5 and 5. 6 are absent, taking into account the data specified in the National standard of the organization of traffic, journey under a sign 3. 1 unambiguously forms violation according to Art. 12. 16 p.1 Code of the Russian Federation on Administrative Offences.
What to do if sign 3. 1 driver did not notice?
B it to the driver is helped by point 4. 3 National standards.
4. 3. Signs and traffic lights place so that they were perceived only by participants of the movement for whom they are intended, and were not closed by any obstacles (advertizing, green plantings, support of external lighting, etc.) provided convenience of operation and reduced probability of their damage. Pay attention as the sign 3 is looked through. 1 whether there are other signs of the instruction indicating that it was impossible to make entrance on this site.
Dostatochnochasto signs 3. 1. meet in shopping centers and on departures from the territory of refueling complexes. The problem of this sign consists in a departure ban on this site of the road for the purpose of ensuring uninterrupted entrance of other vehicles, at the same time violation of requirements of a sign 3. 1 does not involve departure neither on a strip of oncoming traffic, nor on side of the carriageway intended for oncoming traffic. In this case it is possible to claim unambiguously about violation, responsibility for which is provided by Art. 12. 16 p.1 Administrative Code.
In cases, so far as concerns departure under “ brick “ on the strip intended for public transport service there is also a structure of an offense on St. 12. 16 p.1 Administrative Code. There is no departure on a strip of oncoming traffic, on the road with one-way traffic as a road sign 3. 1 in the specified case limits the movement of vehicles. Withdrawal of the driver`s license will be illegal.
It is necessary to consider that even if the driver makes direct entrance under a sign 3. 1 “ The Movement is forbidden “ the driver cannot know that the movement in the counter direction comes out to the road with unilateral, thus - the maximum violates traffic regulations, responsibility for what it is provided according to Art. 12. 16. p.1. According to the Code of the Russian Federation on Administrative Offences, the citizen bears responsibility only for those offenses which are made by it deliberately.
In some cases IDPS specify that the instruction of a sign 5 is violated. 5 “ The Beginning of the road with one-way traffic “ however it is impossible to make it already even because it is on the opposite end of the street or a site of the road, on which under “ brick “ the driver drove.
Be attentive and do not break! Good luck on roads!