Whether it is possible to overtake in a sign " area of coverage; Overtaking is forbidden “? Repair of the road
Sometimes you are surprised how the inspector can convince the driver of that violation which that did not make at all and as drivers, having obediently inclined the head, go to the car of traffic police for registration of the protocol. One of such illegally responsible violations is “ departure on counter in a sign 3 area of coverage. The 20th overtaking is forbidden “. Let`s try to understand who is right and in what case it is possible to give firm repulse to the traffic police officer and if necessary to defend the correctness in court.
On the under repair and again under construction sites of highways drivers should come up against situations when the staff of traffic police interprets a road situation exclusively in own favor, and the driver absolutely could not object.
For example, rather typical situation: a site of the road on reconstruction. The road wide - it is visually established that there are at least two rows in each direction. There is no marking. At entrance on a site the sign " hangs; Overtaking is forbidden “. The car driver moving in the left row from in passing going vehicles, the staff of traffic police stops and accuses of violation of requirements of a road sign 3. 20 “ Overtaking is forbidden “ and it is persistent “ part “ on deprivation of the rights, for example, extorting a bribe.
Unfortunately, leaning on explanations of the Supreme Court, inspectors treat the designated maneuver or a trajectory of the movement as violation of the requirement of a road sign 3. 20 “ Overtaking is forbidden “ also make protocols with qualification of violation under article 12. 15. 4 Administrative Code. It is not necessary to speak about illegality of such qualification, but it would be desirable to note that it becomes only partly consciously - in view of need of performance of a quantitative index under protocols, and partly on illiteracy: ignorance by inspectors of traffic regulations - long ago an established fact!
Nevertheless, how to behave in a similar situation? I Suggest to understand and establish a behavior position in court under such circumstances.
Under such circumstances when there is no marking, the driver is obliged to be guided by pct 9. 1. Traffic regulations of the Russian Federation that is to define the imaginary axial line dividing transport streams. But what it this imaginary axial? For the inspector it one, for the driver - another. Remembering a certain line of protection and the list of necessary actions, we will add this list with one more - shooting of a site, beginning from the beginning of an area of coverage of a sign 3. 20, for the purpose of establishment that the quantity of strips more than one in each direction and driving into the oncoming lane at commission of maneuver is not made for the movement.
Having made an advancing or even overtaking, firmly insist on the: article 12. 16 Administrative Code and violation of pct 1. 3 traffic regulations of the Russian Federation - a penalty of 100 rubles for failure to meet requirement of a sign. Not each violation of the requirement of a sign 3. 20 involves attraction according to Art. 12. 15. 4 Administrative Code, and only that which entailed departure on a strip of oncoming traffic and is a basis of bases. The Supreme Court established that for involvement of the driver under this lishenchesky article in specifically described situation there has to be a marking 1. 3 (double continuous) which is not in our case.
You as a result of carrying out measurement or even visual survey established that width of the carriageway allows to carry out freely and smoothly the movement to four cars - respectively, are available on two directions in each party. With article 12. 16 it is necessary to agree - violation of a sign is obvious, but here departure on counter and, as a result, structure on 12. 15. 4 Administrative Code are not present and cannot be.
Also let`s pay attention as we got to a sign 3 area of coverage. 20 “ Overtaking is forbidden “. If the wide road has no narrowing and at the same time suddenly there was a sign when you move on the second, that is left, to a strip - continue the movement. You do not make overtaking. It is about an advancing (I will remind, overtaking is connected with departure from the occupied strip, and the advancing is made in passing going the HARDWARE without departure from the occupied strip). In that case even accountability according to Art. 12. 16 will be considered as unreasonable.
If the protocol on 12. 15. 4 make, you take the mobile phone or the camera and you make photographing of a site of the road, you suggest the inspector to block a stream of vehicles for carrying out measurements of width of all paving. The inspector refused - come to the road and begin measurement. Once, when I began to stop cars and to carry out measurement at rather intensive stream of vehicles, the inspector who was frightened of the arisen situation just gave the rights and advised to leave quicker until he changed the mind.
If the protocol is made, draw the scheme with the indication of strips and the movement of your vehicle (draw in any empty seat of the protocol, and specify in an explanation that the scheme which the inspector refused to sign is filed, 22 photos (do not forget that on one of a photo the car of traffic police with a license plate was accurately visible) and testimony. Then it will serve as good protection in court.
I have a big personal request to drivers who are stopped as witnesses and ask to sign the protocol. Seeing that there is a frank lawlessness, put the signature in the protocol and specify that you apply written explanations on a single sheet. Spend 5 minutes, write testimony and give them to the driver of the car who is made responsible. Do not forget to specify in the beginning that from Art. 17. 9 Codes of the Russian Federation on Administrative Offences are acquainted. This your personal record to help the driver or not, but at some moment you can appear in a similar situation too.
In the second part we will continue consideration of a question of overtaking in a sign 3 zone. 20, but already on other sites. To a meeting in Shkolezhizni!