For what driving into the oncoming lane can deprive of the rights?
a Large number are standard - legal acts in the field of traffic and unpreparedness of the driver at a meeting with the inspector of traffic police often leads to the fact that the citizen is made to serious and gross violation, than was made actually.
Tens of disputes are conducted on the fact that is departure on a strip of oncoming traffic and for what deprive of the rights. Therefore today we will also consider what departure on counter can cause deprivation of the right of management.
Article 12. 15. Violation of the rules of an arrangement of the vehicle on a carriageway, counter travel or overtaking.
3. Departure on the tram ways of the counter direction, and equally in 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.
4. Departure in violation of the rules of traffic on the side of the road intended for oncoming traffic except for the cases provided by part 3 of the present article - attracts deprivation of the right of control of vehicles for a period of four about six months.
We will begin with the fact that not each departure on the strip intended for oncoming traffic involves deprivation of the right of control of vehicles. We will also deal with it.
Besides traffic regulations and the code about administrative responsibility as we found out in last articles, there are Resolutions of Plenum of the Supreme Court of the Russian Federation which regulate their application, and also others is standard - the legal acts allowing us to qualify this or that act on, we will call it so, the correct article.
In the Resolution of Plenum of the Supreme Court of the Russian Federation No. 18 “ About some questions arising at vessels at use of special part of the code of the Russian Federation about administrative offenses “ from 24. 10. 2006 it is specified for what violations the citizen can be made responsible at driving into the oncoming lane under article 12. 15. 4 Administrative Code.
I pay attention that in article 12. 15 there were changes and was allocated separate 4 - I part, however, the Resolution did not cease to work therefore we at once corrected a number of articles in subparagraphs, and changed excluded.
According to item 12. As regards the 4th article 12. 15 Codes of the Russian Federation on Administrative Offences it is necessary to qualify directly forbidden traffic regulations of action which are connected with departure on the party of a carriageway intended for oncoming traffic.
Directly a ban is established to traffic regulations of such in the following cases :
a) on the two-way roads having four strips and more it is forbidden to leave for overtaking, a turn, turn on the side of the road intended for oncoming traffic (point 9. 2 traffic regulations). Such ban has to be designated by a road marking 1. 3;
b) on the two-way roads having three strips designated by a marking, average of which is used for the movement in both directions, it is forbidden to drive into the extreme left lane intended for oncoming traffic (point 9. 3 traffic regulations);
c) overtaking at adjustable intersections with departure on a strip of oncoming traffic, and also at unregulated intersections is forbidden at the movement on the road which is not main except for overtaking at intersections with a roundabout, overtaking of two-wheeled transportnykhsredstvo without lateral trailer and the allowed overtaking on the right (the paragraph of the second of point 11. 5 traffic regulations). Overtaking at the end of rise and on other sites of roads with limited visibility with departure on a strip of oncoming traffic is also forbidden (the paragraph of the sixth of point 11. 5 traffic regulations);
d) it is forbidden to go round with departure on a strip of oncoming traffic the vehicles facing a railway crossing (the paragraph of the eighth of point 15. 3 traffic regulations).
Violation by drivers of requirements of road signs or a marking which entailed departure on the party of a carriageway intended for oncoming traffic also should be qualified by part 4 (earlier according to the p. 3) article 12. 15 Codes of the Russian Federation on Administrative Offences as this norm is special in relation to article 12. 16 Codes of the Russian Federation on Administrative Offences.
At the same time, treat such road signs: 3. 20 “ Overtaking is forbidden “ 3. 22 “ Overtaking is forbidden trucks “ 5. 11 “ The Road with a strip for route " vehicles; and also road marking 1. 1. Violation by the driver of requirements of a road sign 3. 1 “ Entrance is forbidden “ the entailed movement in the counter direction on the road intended for one-way traffic forms structure of the administrative offense provided by part 4 (earlier according to the p. 3) article 12. 15 Codes of the Russian Federation on Administrative Offences.
Article 12. 15. 4 Codes of the Russian Federation on Administrative Offences say: “ Departure in violation of the rules of traffic on the side of the road intended for oncoming traffic, … “. Thus, this part of article refers to direct violation of traffic regulations, therefore, only if it is specified in the description of structure and an event of an administrative offense about departure on counter in defiance of traffic regulations, and also it is specified and accurately the traffic regulations point corresponding to the description and explanations of PPVS Russian Federation reveal, then attraction can be considered lawful. Proceeding from the Resolution of Plenum we draw a conclusion that the traffic regulations points which are directly forbidding departure on counter, only four: Item 9. 2., Item 9. 3., Item 11. 5. and Item 15. 3.
In case of violation, often, of the inspector, without reflecting, define that the driver broke pct 1. 3 traffic regulations Russian Federation. Let`s consider this point.
Point 1. 3. Traffic regulations of the Russian Federation demands from the driver nobility and observe requirements of road signs and a marking. Having read it, we find out that it is the traffic regulations information point and it is impossible to break it simply. It is stated above, as to punish the person according to Art. 12. 15. 4 in case other is imputed to it, except as 9. 2, 9. 3, 11. 5 and 15. The 3rd point governed, it is also impossible.
Besides, the protocol containing the instruction on pct 1. 3 traffic regulations of the Russian Federation, have no validity at all : the inspector has to specify concrete violation, but not simply that the driver broke something. It agrees “ To Methodical recommendations “ The Minister of Internal Affairs of the Russian Federation, IDPS are obliged to specify article Administrative Code corresponding to an offense and also the traffic regulations point which actually opens an event of an offense and allows “ to avoid formulations of the general character “. Pay attention, point of rules has to open an event.
In case by the inspector it is established that the driver violated any other paragraph, except four stated above, it means that the structure and an event of an administrative offense will not be comparable to its qualification and will form structure on other, than 12. 15. 4 Administrative Code to article. Under such circumstances case papers have to be returned in bodies of traffic police for elimination of a shortcoming.
Do not argue with the inspector who writes in the " protocol; not that and not so “. Reflect the explanations in the corresponding column of the protocol and carry out the protection! Good luck on roads!