What is a zone of limited visibility?
Each of us should meet the staff of traffic police sooner or later. One business when checked documents was released, but absolutely another when the driver is accused of commission of an offense which he did not make. One of disputed issues is overtaking in a zone of limited visibility. We will also talk about it.
Actually I prepared this article in the form of an instruction, and all who quite often leave on the route can unpack it and get into professional dispute with the traffic police officer. Overtaking in a zone of limited visibility with departure on a strip of oncoming traffic is qualified as violation of pct 11. 5 traffic regulations of the Russian Federation and responsibility for such violation is provided according to the p. 4 of Art. 12. 15 Codes of the Russian Federation on Administrative Offences.
Traffic police officers often use incorrect concept, and also substitution of the concepts “ visibility restriction “ and “ insufficient visibility “.
Traffic regulations give definition of insufficient visibility : visibility of the road less than 300 meters in the conditions of fog, a rain, snowfall and to that similar, and also in twilight. Studying definition, we establish that the concepts “ limited “ and “ insufficient “ absolutely different.
In various normative documents it is about “ minimum distance of visibility “ and about “ the smallest distance of visibility “ etc. The similar divergence assumes double interpretation in this connection it is necessary to address to “ To Rules of the account and the analysis of road accident on highways of the Russian Federation “. In them the table for restriction of visibility is given in turns.
On restriction of visibility for descents - rises these Rules are specified in Construction Norms and Regulations 2. 05. 02 - 85 “ Highways “. In the table the concept “ visibility restriction “ it is replaced with definition “ the smallest distance of visibility “ and visibility for turns, but more rigid, than in " is given in it; Rules of the account and analysis of road accident “. And this table is used in GOST P 52289 - 2004 “ Technical means of the organization of traffic “ in which “ visibility restriction “ it is treated as “ minimum distance of visibility “. Let`s study information provided in this table.
The minimum distance of visibility ensuring traffic safety at a speed of 30 km/h - 90 m, 40 - 110, 50 - 130, 60 - 170, 70 - 200, 80 - 250, 90 - 300, 100 - 350, 110 - 400, 120 - 450 m
play an Important role also of the note to this information.
1. For roads under construction accept the speed corresponding to 70% of rated speed, and for the operated roads - the speed which on this site is not exceeded by 85% of vehicles.
2. As distance of visibility of the oncoming car it is necessary to consider distance at which from height of 1,2 m (level of eyes of the driver of the car) it is possible to see the subject which is at the height of 1,2 m over carriageway level.
3. As visibility distance for a stop it is necessary to consider distance which from height of 1,2 m (level of eyes of the driver of the car) provides visibility of any objects not less than 0,2 m high which are on the middle of a lane.
According to GOST P 52289 - 2004 in dangerous places with limited visibility the signs " have to be established; Abrupt descent “ “ Steep slope “ “ Overtaking is forbidden “ “ Dangerous turn “ to the right or on the left the continuous marking is also put. If there are no these signs on a site, it means that dorozhno - operational services or ignored need of installation of signs, or the traffic police which is responsible for safe operation of this site of the road has reasons to believe that the zone “ limited visibility “ no.
As in the first case connected with sloppiness of road builders and in the second, but with competent opinion of officials, is established that formally regarding visibility the site of the road is safe and any statements of the inspector that in his opinion, the zone of limited visibility exists, these statements and statements will be unfounded.
The statement of the inspector that he qualifies any maneuver on this site as overtaking in a zone of limited visibility is insolvent and in order to avoid drawing up the protocol remind him of GOST. GOST cannot contradict traffic regulations and vice versa.
Rules are based on state standard specifications. Cases of a contradiction of traffic regulations and GOST should not be, it is enshrined in the law “ About traffic safety “ to Art. 22 of item 1, and a priority it is always sent to normative documents, that is state standard specifications.
As it was already established, overtaking in a zone of limited visibility is legally qualified according to Art. 12. 15. 4 Administrative Code, however pct 11. 5 traffic regulations of the Russian Federation, the establishing such ban, is rather extensive and covers also a ban on overtaking at adjustable intersections with departure on counter, at crosswalks in the presence on them pedestrians, before railway crossings. Therefore if violation of this point of rules is imputed to the driver, pay attention to what was written by the inspector in the column “ being of an offense “. If in the protocol the structure and events of pct 11 is not revealed. 5 or it does not coincide with specified in traffic regulations, it will form the basis for return of materials to bodies of traffic police for elimination of inaccuracies.
Be attentive on the road! Know the rights and do not break!