Overtaking or advancing? For as as deprive of the rights of
Departure on a strip of oncoming traffic on sites where it is forbidden by traffic regulations, involves accountability under article 12. 15. 4 Administrative Code, prescribing punishment in the form of deprivation of the right of management. But whether always the maneuver made by the driver can be qualified as overtaking and whether always it happens to departure on a strip of oncoming traffic?
Before commission of any maneuver the driver has to understand accurately that he makes - overtaking or an advancing. Let`s address two of these concepts. Overtaking is the maneuver of an advancing which is carried out with departure from the occupied strip. The advancing , in turn, is made without departure from the occupied strip. Creation of the line of protection is also based on these two offers.
We will consider two the most often found of a situation .
The road with a wide roadside has on one strip for the movement in each direction, the marking divided by the continuous line 1. 1. The truck driver, going ahead, noticing for itself the car is displaced to the right, it is possible even leaving on a roadside, including the right index of turn, showing thus intention to pass the car. Having convinced of safety of maneuver and taking into account carriageway width, the driver of the car makes an advancing of the going ahead vehicle.
Through 500 meters it is stopped by the inspector of traffic police, imputing the violation expressed in departure on a strip of oncoming traffic which was made for the purpose of overtaking. What will lead dispute with the inspector to, it is unknown, but to be prepared for drawing up the protocol on an administrative offense extremely important and the first that needs to be made is to write down number of the truck which you outstripped. Inspectors seldom trouble themselves a stop of real witnesses and never do it if for hundred percent are sure of absence of structure and an event of an offense from the stopped driver. Everything should be taken in hand. If the protocol nevertheless is formed - enter in it brand, model, color and the state registration number of the car.
It is absolutely clear that from distance of 500 and more meters, and on some sites and from distance of 300 meters, it is objectively impossible to define that the driver - overtaking or an advancing made and also to establish that fact whether departure on a strip of oncoming traffic as a result of maneuver was made. It is known that visibility is influenced by a land relief, weather conditions, eventually sight of the inspector of traffic police.
If the advancing, and the car which you outstripped was made it was not stopped by traffic police, and his driver was not brought in as a witness, then you should act. As a rule, similar violations are imputed on the route, therefore, practically it is always possible to try to catch up with this truck after drawing up the protocol and to receive from it written explanations. Fortunately, driver`s mutual assistance still exists. Besides explanations in which all data of the driver will be specified including contact phone, it is necessary to take the picture of this truck on the general background of the route for the purpose of identification of a site.
Having considered a case which can happen to the driver on the route we will be transferred by to city conditions . In the city on different sites of the road quite typical situation at which two cars quietly are located on one strip meets. A strip one, but on it two cars can carry out the movement and being at the left does not drive at the same time into the lane intended for oncoming traffic. The same advancing at the moment when the car which is on the right is displaced to a roadside is made, in fact. Registration not of a perfect offense happens according to the scheme described above.
In the first and second case, besides already specified, also carrying out one more procedure - measurement of a site of the road for the purpose of confirmation of a possibility of an arrangement of two vehicles going in the passing direction on one strip both with capture of a roadside, and without its capture will not prevent.
According to Construction Norms and Regulations 2. 05. 02 - 85 “ Highways “ width of strips is defined by category of the road and there can be 3,75 m, 3,5 m, and 3 meters. In Construction Norms and Regulations 2. 07. 01 - 89 “ Building of the cities “ it is specified that for drives width can make 2,75 meters. In GOST P 52289 - 2004 the reference is had: “ Technical means of the organization of traffic “ “ width of the marked lane has to be not less than 3,00 m. It is allowed to reduce width of the strip intended for the movement of cars to 2,75 m on condition of introduction of necessary restrictions of the mode of the movement “.
Knowing about what car you outstripped, without driving into a lane of oncoming traffic, and having reflected its brand, model and a license plate in the protocol, specify that in the presence of IDPS measurements of width of the carriageway are carried out. Measurements support a photo - or relatives, friends, passengers of the car operated by you can be video filming, and also signatures of witnesses among which, I will remind.
Be attentive! Do not give to the inspector the chance to confuse you and to indulge in wishful thinking! Remember the rights and remind of them to the inspector! Good luck on roads!