What is an obstacle detour?
Are very frequent between the driver and the inspector of traffic police there are disputes on a subject what exactly to consider as an obstacle. If not to defend the position on the road, then it is necessary to defend it in court. Both in one, and in other case you will need information given below.
It is known that for a detour of an obstacle only the penalty is provided of 1000 - 1500 rubles and it is punished according to Art. 12. 15. 3 and in case it is established that the obstacle was not, attraction will be qualified according to Art. 12. 15. 4 as departure on a strip of oncoming traffic for what unconditional deprivation of the rights within 4 - 6 months is provided.
Part 3 of Art. 12. 15 has the accurate formulation which second paragraph sounds as follows: “ … and equally the departure in violation of the rules of traffic on the side of the road intended for oncoming traffic connected to a turn, turn on the left or an obstacle detour - attracts imposing of an administrative penalty at the rate from one thousand to one thousand five hundred rubles “.
In this formulation the circumstance under which the structure of an administrative offense according to the p. 3 of Art. 12 is formed is accurately specified. 15, namely, “ connected with a detour of obstacles … “. Addressing structure of the phrase, it is necessary to deal with the fact that it means under the phrase “ obstacle detour “.
Having addressed Dahl and Ojegov`s explanatory dictionary, we find out that “ obstacle “ in correlation of this category there can be any subject or object which is on the way and interfering this way.
With value of an obstacle it is possible to distinguish certain groups of words from nouns:
1) abstract nouns with signifikativny " value; obstacles “;
2) the concrete nouns correlated to the artifacts which are functionally focused to be an obstacle: barrier, ditch, lock, obstacle etc.;
3) the concrete nouns correlated to the objects interpreted as an obstacle in a way to a goal: the stone on the road hindering the movement, the dog preventing to enter the house, etc. can become an obstacle. In that case the object role as obstacles eksplitsirutsya in the concrete statement. It is indicated an obstacle at action commission.
Thus, in case of a detour something unambiguously there is no structure of an administrative offense according to the p. 4 of Art. 12. 15 Administrative Code as the made maneuver is a detour as the obstacle in Russian as we understood from the analysis of the word, is understood as any at the concrete moment object. Following logic of concept, it is possible to claim what an obstacle will be both the cars standing one by one, and an automobile jam, but it has to be the object, immovable in a concrete unit of time.
And only the detour of any moving object will be overtaking or an advancing, and in this case if departure on a strip of oncoming traffic is made, departure and the movement on the strip intended for oncoming traffic will be formed by this departure. It is important to resort to literature and to take with itself in court the explanatory dictionary. The appeal to Russian - the essential moment. In due time to this reception I was taught by the current envoy of the Russian Federation in NATO Dmitry Rogozin what I am very grateful to it for. I think, as you need this way of protection, extremely effective in the most different life situations.
But how all - it is necessary to go round an obstacle in case maneuver of a detour can be made both on the right, and at the left? Unfortunately, there is no instruction anywhere on the fact that for a detour on counter the driver is subject to punishment only in case there was a possibility of such maneuver on the right. Let`s consider on a simple example.
On the road 2 strips - on one in each party and strips are divided by the continuous line of a marking 1. 1. It is not possible to go round the obstacle formed by the collided cars on the right and formally the driver is obliged or to stand still before elimination of such obstacle, or to violate traffic regulations and to make an obstacle detour on counter what it can be fined according to norms of part 3 of article 12 for. 15. Absurdity, but from it not to get to anywhere.
Quite often there were also situations when the inspectors who were making out road accident considered that the driver finished a road accident detour, having passed too far from the standing cars, respectively, made the movement on the strip intended for oncoming traffic. It is also caused by the fact that based on especially personal, therefore, subjective opinion, the inspector considered that “ detour “ it was already complete, but “ movement “ on an oncoming lane it was continued.
If you for the specified maneuver are tried to be attracted by one of parts of article 12. 15, be not lost. Photograph on the mobile phone camera or make record as such maneuver other drivers make, remove all road situation, the location of IDPS and reflect it in the protocol on an administrative offense, support with the scheme on front part of the protocol or a turn of the first copy.
By part 3 as we already established, you can be made responsible, however, can exempt from this liability, maneuver in the above-stated case is made because of impossibility of a detour on the right, therefore, there was no intention in commission of an offense. By part 4 it is also impossible to make responsible as all evidential base prepared by you refers to violation which is possible for qualifying only by the third part of article 12. 15 Administrative Code.
When studying a possibility of a detour of this or that obstacle the driver anyway can fall a victim of the inspector. If the detour can be made on the sidewalk or a roadside, and such maneuver is made - for it punishment is also prescribed.
If with a situation with an event in the direction of road accident everything is clear, then how to be with cases standing on the carriageway the vehicle, often even without the switched-on alarm system (and it is not necessary to speak about a sign of an emergency stop). The driver makes a detour, but at this moment the car which a second ago was standing begins the movement - seldom accident, and the militia setup which cannot almost be proved is more often.
And in this case it will be necessary to choose other position of protection, any broken or even just standing car was not! In that case there is only one exit: parted, forgive for the word, you - also you part! Put the car of the acquaintance or friend on the carriageway and take the picture, claiming in court that went round this car. You carry out own protection and according to the Constitution have the right for such actions, to make you responsible for reciprocal “ setup “ nobody has the right.
Protect yourself! Buy the Code, traffic regulations and the explanatory dictionary! Good luck on roads!