If you drive under a brick, what is the punishment?
Fine for driving under a brick
There is a category of signs called prohibitory signs. If you do not comply with their requirements, a very severe punishment will follow, since such an offense is considered serious.
It’s worth taking a closer look at the features of the “brick” prohibition sign. Perhaps everyone knows that driving under it is strictly prohibited. It remains to be seen whether this rule applies in all situations, and what fines are provided for violating traffic rules in this case.
Use of the "No Entry" sign
The sign indicating a prohibition of entry is indicated as a rectangular white “brick” in a red circle. This is a prohibition symbol. It is installed in front of the zone into which any or specific vehicles are prohibited from entering. The sign is usually used to prevent travel in the oncoming lane, but different options for its installation can be specified.
- Preventing entry onto the road with the opposite direction of traffic. Having ignored the sign, the car will start driving towards the traffic flow. Serious accidents are inevitable.
- There are roads on which only route transport is supposed to travel. These lanes are specially designated for the movement of route public transport, and ordinary cars are prohibited from entering this part of the road.
- This sign is installed very often:
- in places for recreation;
- in parking lots;
- at gas stations.
In this way, it is possible to regulate and delimit traffic, indicating the entry and exit from a certain area.
- There may be a stationary obstacle on the road that cannot yet be eliminated. Then a sign is installed prohibiting travel in this direction, but allowing detour traffic. In this way, the driver is clearly warned that problems lie ahead.
- The sign is placed in front of those places where it is generally prohibited to enter.
Penalties for ignoring the "brick" sign
Entry is prohibited, but the driver continues following the sign. The punishment will depend on specific factors.
First, the location and meaning of the sign are taken into account. That is, you need to assess what consequences could accompany the violation of the rules.
Secondly, the inspector also takes into account the following circumstance:
- that the driver could have violated the ban for the first time;
- Similar violations of the rules have already been noted.
Measures of influence in different circumstances
First circumstance. The “brick” was installed on the adjacent territory. For example, in front of one of the entrances to the parking lot. Violation of the ban will not be severely punished. The driver will remain with a license, but will pay a fine of 500 rubles. (conditions of Part 1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation). Perhaps the inspector will condescend to issue a verbal warning.
Second circumstance. A more serious offense is considered to be entering a road on which only route transport can travel. They will be fined 1.5 thousand rubles. In the capital and St. Petersburg, the fine is twice as high - 3 thousand rubles.
Third circumstance. By driving into the lane with oncoming traffic, the driver puts the lives of many people in mortal danger. One of two possible punishments will follow under the terms of Part 3 of Art. 12.16 Code of Administrative Offences:
- fine - 5 thousand rubles;
- deprivation of rights from 4 months. up to 6 months
If a fine is imposed, it is not possible to further punish the driver by depriving him of his license.
Fourth circumstance. Traffic police officers recorded a violation in the form of driving onto the road with oncoming traffic. As it turned out, this is not the first time that the driver has neglected this rule. Then he will be deprived of the right to drive for 1 year.
However, if this violation was recorded by a road video camera, a more lenient sanction will be applied - a fine of 5 thousand rubles will be imposed.
What tips might be useful for a driver?
Advice one. It so happened that for some reason a citizen drove under a brick. Traffic police officers recorded a violation. You should ensure that the correct article applies to your particular situation. After all, they can impose the punishment required for driving into oncoming traffic. And instead of 500 rubles you will have to pay 5 thousand.
Tip two. The sign must be installed according to all rules. The management of an enterprise or organization may exceed their authority and install a “brick” without permission in order to protect themselves from other people’s cars entering the adjacent territory.
Such a sign is not valid if its installation has not passed all stages of approval by the relevant authorities.
Tip three. It happens that a sign is installed, but the driver cannot see it. That is, he:
- covered with wood;
- incorrectly deployed;
- at a certain moment he was covered by a large car.
That is, when installing it, state regulations were not observed. standards. It should be confirmed that in the indicated position a person simply cannot see the sign. You will need to take appropriate photos or record the location of the sign, at least on your phone.
Such a fine can be challenged. The reason will be the following argument: the sign is poorly visible.
Read here what the fine is for failure to register a car.
Video: Fine for driving under a “brick”:
Is driving under the “Brick” sign revoked or is there a fine?
Deprivation under a brick
Driving under road sign 3.1 “Brick” is a violation in itself. But the severity and specific type of punishment for this does not depend on the violation of the instructions of this sign, but on what particular section of the road is hidden behind it. Simply put, what exactly is the root cause of what made the road services put up this sign at the entrance to this road. This will determine whether a deprivation or a fine will be imposed for driving under the notorious sign with a white rectangle on a red background.
Can you deprive your license for driving under a “brick”?
Yes. And only in one single case - for entering the road behind this road sign in 2019, the right to drive will be deprived if you find yourself on a one-way road and move against the direction of traffic established in this area.
This is what sign 3.1 “Entry prohibited” looks like, which was popularly nicknamed “brick”, installed to prohibit entry onto a one-way road, together with sign 5.5:
Please note, according to GOST R52289-2004, which is mandatory for execution in Russia (there are also advisory GOSTs), the entrance to any one-way road at its beginning, where the driver will be facing the direction of traffic, must be accompanied by a “Brick” sign.
So, as we already explained above, there is a violation of the entry ban for the rectangle itself on a red background. But there is also a failure to comply with the ban on driving against the grain on a one-way road. The Code of Administrative Offenses does not allow punishment twice for one offense (Part 5 of Article 4.1). But the Code also prescribes that in cases where a violation leads to 2 or more sanctions, a more severe one should be imposed (Part 2 of Article 4.4).
In our case, as of 2019, there are 2 penalties:
- fine for failure to comply with the requirements of the “Brick” sign is 500 rubles,
- deprivation of license for driving on a one-way street.
And, since deprivation is a more severe punishment, it is precisely such passage under the “Brick” sign indicated in the picture above that entails deprivation of rights.
How much will they be deprived?
For driving onto a one-way road under sign 3.1, one of 2 penalties may be applied depending on the repetition:
- deprivation of rights for 4-6 months or a fine of 5,000 rubles under Part 3 of Article 12.16 of the Code of Administrative Offenses for the first violation in a year,
- imprisonment for 1 year or the same fine of 5 thousand, but only in case of auto-recording on camera, in case of repeated violation within a year.
Please note that the year is counted from the date of full execution of the penalty for the first violation - that is, from the moment of full payment of the fine or the end of the period of deprivation of rights for driving under a “brick” for the first time.
When is only a fine imposed?
But the “brick” is not only installed in front of a one-way road. So, it can hang for the following purposes:
- to designate separate entry and exit zones at gas stations, parking lots and other adjacent areas: accordingly, at the end of the entry and exit there is a “brick”, turned in the other direction to prohibit entry from that very other side,
- to indicate a ban on entry into a specific lane (for example, bus lane, oncoming lane),
- to prohibit driving on the opposite side of the road if it is separated by a dividing strip,
- to prevent entry into any private territory where no vehicles are allowed to enter.
At a gas station
. And also in parking lots and other places where entrances and exits are separately regulated for driving under road sign 3.1 in 2019, according to the law, only a fine in accordance with the norm of part 1 of Article 12.16 of the Code of Administrative Offenses is imposed in the amount of 500 rubles or even a warning.
But there will be a fine only if the “brick” does not hide the sign 5.5 “One-way road”. Otherwise there will be deprivation of rights.
On the bus lane
In this case, a penalty is also imposed. But you can’t get by with 500 rubles, since it also provides for a more severe punishment specifically for driving in the lane for route vehicles:
- a fine of 1,500 rubles under Part 1.1 of Article 12.17 of the Code of Administrative Offenses for a bus lane,
- 3 thousand, if the same violation was committed in Moscow or St. Petersburg (Part 1.2 of the same article).
For oncoming traffic
But if a sign divides the oncoming lane, and you drive along it, you may again face deprivation of your license for the same period as for driving on a one-way street - from 4 months to six months, or a fine of 5 thousand.
There is also liability for repeated violations - imprisonment for a year or the same 5,000 fine if caught on camera.
The inspector charges deprivation - what to do and how to avoid it in 2019?
It depends on whether this type of punishment is imposed fairly or not.
If you repeatedly drive on one way against the grain or drive in the oncoming lane, then, unfortunately, there is practically no chance of avoiding deprivation of your license.
If a violation occurs for the first time, everything will depend on a number of circumstances:
- the presence of mitigating circumstances - they are all listed in Article 4.2 of the Code of Administrative Offenses, you should have as many of them as possible, including the absence of danger caused (road accident), remorse and admission of guilt,
- absence of aggravating circumstances - Article 4.3 of the Code, they should not exist,
- Another important factor is the absence of fines over the last year for any violations (including speeding, failure to pass a pedestrian, and others).
If a traffic police officer tries to charge you with deprivation of your rights at the exit from a gas station or in any other case when there is no oncoming traffic or one-way lane hidden behind the “brick”, then rest assured - this is a scam for a bribe or work for the sake of the “stick system” - collect statistics on deprivation.
And your model of behavior in this case should be simple. The fact is that no inspector is authorized to deprive rights himself - only the court does this. Your task is simply to provide the judge with confirmation that there is no one-way road on this section, and you were not driving in the oncoming lane. A DVR is ideal for this. But you can also take a photo or video of the beginning of a section of a given road for the absence of a one-way road sign.
What is the penalty for driving under a “brick”?
Sign 3.1 “Entry prohibited” (the so-called “brick”) is installed (clause 5.4.2 of GOST R 52289-2004):
- on sections of roads or carriageways with one-way traffic to prohibit the movement of vehicles in the opposite direction;
- on roads marked with sign 5.11 “Road with a lane for route vehicles” - to prevent vehicles from entering towards the general flow, and with a sign 8.14 “Traffic lane” - into the lane allocated for route vehicles;
- to organize separate entry and exit points at vehicle parking areas, rest areas, gas stations, etc.;
- to prohibit entry into a separate lane or section of the road.
Responsibility for driving under a “brick”
Responsibility for the driver’s failure to comply with the requirements of road sign 3.1 “Entry prohibited” (“brick”) depends on the location of this sign.
If a sign is installed at the entrance to a road on which only route vehicles are allowed to move in this direction along a dedicated lane, then in case of violation of its requirement, the driver will be subject to an administrative fine in the amount of 1,500 rubles, in Moscow or St. Petersburg - 3 000 rub. (Parts 1.1, 1.2 of Article 12.17 of the Code of Administrative Offenses of the Russian Federation).
If the sign is installed at the entrance to the adjacent territory, entry into which from this direction is prohibited, then the driver will be given a warning or an administrative fine of 500 rubles will be imposed. (Part 1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
The strictest liability is provided for driving under a brick onto a one-way road in the opposite direction. For this violation, the driver can be held accountable in the form of deprivation of the right to drive a car for a period of four to six months or in the form of an administrative fine in the amount of 5,000 rubles.
For repeated commission of such an offense, liability is established in the form of deprivation of the right to drive a car for a period of one year, and if the offense is recorded by video cameras operating in automatic mode, you will be held accountable in the form of a fine of 5,000 rubles. (Part 3, 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
In case of payment of a fine for the specified offenses (with the exception of a repeated offense when entering under a “brick” onto a one-way road in the opposite direction), no later than 20 days from the date of the decision to impose it, the size of the fine is halved. If the execution of the decision was delayed or spread out, the fine is paid in full (Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation).
Prosecution for driving under a “brick”
The official makes a decision in a case of an administrative offense when imposing an administrative penalty in the form of a warning or a fine. When brought to justice in the form of deprivation of the right to drive a car, a protocol is drawn up (Part 1 of Article 28.6 of the Code of Administrative Offenses of the Russian Federation).
Before agreeing with the position of a traffic police officer and signing a protocol or resolution on an administrative offense, you should determine the degree of your guilt. Remember, that:
1) entry onto a one-way road must be prohibited by sign 3.1 “Entry prohibited” (“brick”);
2) a one-way road in the opposite direction must be marked with signs 5.5 and 5.6 “Beginning and end of a one-way road”;
3) at exits from adjacent territories onto a one-way road, signs 5.7.1 and 5.7.2 “Exit onto a one-way road” must be installed;
4) road signs are installed, as a rule, to the right of the roadway or above it, however, in any case, the visibility distance of any road sign must be at least 100 m (clause 5.1.4 of GOST R 52289-2004).
Thus, if the above signs are missing or sign 3.1 cannot be seen (the sign is hidden by the foliage of a tree, blocked by a parked truck), then the driver should be exempt from liability.
Appeal against the actions of a traffic police officer
You have the right to appeal the decision made by the traffic police officer to a higher authority, a higher official, or to the district court at the place of consideration of the case within 10 days (Clause 3, Part 1, Article 30.1, Part 1, Article 30.3 of the Code of Administrative Offenses of the Russian Federation).
Also, in the protocol on an administrative offense, if you disagree, you have the right to make an entry, for example: “I don’t agree with the protocol, I didn’t have the opportunity to see sign 3.1, since it was blocked by a parked truck.”
For violating the requirement of sign 3.1 “No Entry” installed in any place (parking lot, gas station) where there is no one-way traffic, you cannot be deprived of your license.
What to do when drawing up a protocol for traffic violations? Find out →
What happens if the fine for traffic violation is not paid? Find out →
What is the penalty for driving under a “No Entry” sign in 2019?
“Brick,” as motorists call a road sign prohibiting entry anywhere, is the most recognizable. In the traffic regulations it has the number 3.1. Every driver should understand the meaning of this prohibition sign, since there is also a fine for driving under a brick. And who can escape punishment? Information on how to challenge a collection will be useful.
What does the “No Entry” sign mean?
The sign in question not only prohibits the entry of vehicles into a certain area. The territory is not limited to the adjacent road, but also includes moving along the oncoming lane of a one-way section. The road sign looks like a red circle with a transverse rectangle located in the middle. When such a sign appears on the way, you should find another solution to continue moving. In the traffic regulations you can find an explanation regarding each location of its installation.
- On sections of the road with one-way traffic. The sign is attached to prohibit the movement of vehicles in the opposite direction.
- On highways with several carriageways separated by markings or curbs. A sign is installed on each of them with one-way traffic.
- On lanes allocated exclusively for public (municipal) transport. In such a section, the “brick” is placed together with the “Traffic Lane” sign.
- In order to restrict entry into the territory of medical and administrative institutions and private property.
- On sections of the road where repair work is underway.
- For delimiting entry and exit in parking lots, recreation areas, gas stations.
But not all vehicles have a prohibitory sign. If the car drove under a “brick”, and at the same time belongs to one of the categories listed below, sanctions for the driver will not follow.
Who is not subject to punishment
Not all citizens understand when it is possible to ignore a prohibitory sign. Is it allowed to drive under a “brick” to your place of residence? This reason does not apply to the list of exceptions. If, in order for a motorist to get to the place of permanent or temporary registration, he violates the rules and drives under a prohibitory sign, he will be subject to sanctions. Exceptions apply to the following categories of vehicles:
In a word, if the driver has an order to move along a specific route, he has the right to proceed under the “brick”. In all other situations, a fine is imposed on the person driving the vehicle for driving under a “No Passing” sign. Therefore, having seen a “brick”, you need to look for another path to follow.
Until recently, the Rules under number 3.2 included the sign “Through passage is prohibited.” This name misled not only citizens, but also the traffic inspectors themselves. The sign has now been renamed “No Traffic”. It is intended to warn about the presence of a pedestrian zone on a further section of the route, about traffic closures due to celebrations, and repair work. It is not placed before turning onto a one-way road.
Entry under the “brick”: Video
Amount of fine
When driving under a prohibitory sign, one should not forget about the unpleasant consequences of such a violation. They may result in monetary and other types of sanctions. The amount of the fine for driving under a “brick” is fixed in Article 12.16 of the Code of Administrative Offences. If such an illegal act is committed, the driver must be prepared to pay 500 rubles. This is stated in paragraph 1 of this article.
A completely different punishment awaits you if you drive under a “brick” into oncoming traffic on a one-way road. If the vehicle finds itself head-on with the main flow, such a dangerous maneuver provides for a measure of influence regulated by paragraph 3 of the mentioned article. Responsibility will come in the form of a monetary penalty in the amount of 5 thousand rubles. It is also possible to lose your license for 4-6 months.
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Even if the traffic police inspector does not stop the violator and does not write a report on the spot, the punishment may come later if the citizen ignored the “brick” under the camera. There are more and more devices for video recording of violations on the roads every day. Such devices can reduce accident rates in some of the most dangerous areas. Non-compliance with the rules, recorded automatically, ultimately catches up with the offending citizen in the form of a “chain letter” about a monetary penalty.
Read also:
When rights are deprived
As already noted, the driver can receive not only a fine for driving under a “brick”. The amount of the penalty or the severity of the sanctions is influenced by several factors:
- what consequences such a maneuver might entail;
- way of recording what happened;
- whether the action is repeated.
If you drive under a brick, what to expect: deprivation of your license or a fine - depends on how the act was recorded. If a traffic police officer, and even when, as a result of the specified violation, the car ends up on the oncoming lane of the road, then the person driving may have his license withdrawn for a period of 4 to 6 months. If the illegal action is recorded on camera, the rights will not be confiscated.
Is it possible to challenge a fine?
A “No Entry” sign cannot be posted anywhere; certain rules must be followed.
- Placement of the sign within the city: no less than 25 m before the prohibited area, height varies from 2 to 4 meters.
- Installation of a “brick” outside the city: distance to the site – 50 m or more, vertical location – 150-300 cm.
- The sign must be visible. It cannot be covered by tree branches, billboards, or building elements.
If the listed rules are not taken into account, there is a basis for the driver, who has been fined for driving into oncoming traffic or into a “brick,” to challenge the penalty. There are two options for action: right at the scene of the incident when deciding on the severity of the punishment, or no later than 10 days from the moment the protocol is drawn up. Photo or video evidence will be useful to confirm that the driver is right.
A traffic police officer would be wrong if he imposes a fine of 5 thousand rubles for “brick” without oncoming traffic. This requirement is illegal, since the statutory penalty for such a violation is 500 rubles. If on the spot you cannot convince the traffic inspector that he is wrong, it is recommended to make a note in the protocol about your disagreement.
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What happens if you drive under a “brick” sign?
Drivers call one of the prohibitory signs “brick”. The sign got its name for its resemblance to an object of the same rectangular shape.
Many drivers are confident that those who drive beyond this sign will at least face deprivation of their driver’s license for a certain period of time. Such punishment exists, but it is not always introduced.
Description and purpose of the road sign
Such signs are usually installed to restrict travel on a single-lane road. And so that different traffic flows do not meet each other.
Driving a car under a brick - see the most common situations in this video:
The only exception for bricks is minibuses . And drivers in other cars should react to this sign in the same way as to a red traffic light. Sometimes bricks are placed at gas stations to restrict movement in one direction.
Only sometimes the designation is supplemented with clarifying inscriptions or images. For example, it indicates the time during which travel in one direction or another is prohibited.
Violations and passage under the sign: in which article are they regulated?
When interpreting a violation, inspectors prefer to rely on Article 12.15 of the Administrative Code of Offences.
According to this article, there are two possible penalties for violators:
- Withdrawal of driving rights, 4-6 months.
- Use of administrative fines.
In case of violation, rights are deprived only if a solid white line was depicted on the surface.
You can refer to the 16th part of the article if the signs are installed in hard-to-reach places or are missing altogether.
There are only two penalties provided for such situations:
- Warning.
- Administrative penalty.
A minimum fine of five thousand rubles is imposed upon detection of violations related to parking or parking signs.
Driving under a brick - fine or deprivation?
What situations are most common?
Many drivers use tricks after committing a violation. This is done in order to, if not avoid fulfilling duties, then at least reduce them to a minimum.
Such violations occur in two cases.
- There was a need to cross a road where traffic was only one-way. For such an offense, a possible violation is a fine or deprivation of a driver’s license.
- The need to drive under a sign that limits the very possibility of passage. This case requires the use of a minimum penalty of half a thousand.
Are there exceptions to the rules?
No rule is complete without exceptions.
- The sign is not installed correctly.
- Its action is limited. For example, it does not apply to vehicles that use a separate lane for movement. But this restriction does not apply to drivers of ordinary cars or trucks.
The main thing is that the sign remains visible to most drivers. When visibility is limited due to any obstacles, this is considered a violation of the current rules.
What is the fine for a repeat violation?
If violations are committed repeatedly, the driver may also be deprived of his license. Only the term of this punishment will no longer be six months, but all 12 months. The fine is increased to 5 thousand rubles if the violation was recorded by surveillance means.
In general, the size of sanctions varies depending on the situation in a particular case. That is why a large number of controversial situations arise.
Drive under the brick.
What to do if the driver does not agree with the inspector’s decision
The decision can be appealed 10 days after it is issued if there are any objections. To do this, contact the district court or another higher authority.
In this case, a separate note is made in the resolution confirming the existence of claims from the second party. This happens especially often when a driver’s license is revoked.
On the legality of installing a sign
Installation of the signs themselves is usually carried out only after agreement with the traffic police. It is important to comply with all standards established in GOSTs.
Some institutions are engaged in spontaneous installation of limiters. In this case, the installation violates legal regulations.
If the brick is in front of a one-way road
In this case, you face a five thousand fine, or 4-6 deprivation of your driver's license. The main thing is that the inspector himself correctly determines the type of violation.
When imposing such penalties, it is necessary to make sure that the sign is blocking one-way traffic . Or the stripe that represents it. In other situations, measures against violators should be different.
When the sign hangs over the strip
If there is an image of a stripe next to this prohibitory sign, this means that the “brick” applies to only one stripe. There are two possible situations here.
- The image of a white rectangle is located at the top above the lane along which route vehicles move.
- The sign was hung above the image of a passing lane.
Entry under a brick, nuances and rules for its installation, see this video:
If necessary, the use of a fine is not a consequence of violation of the sign itself. And for the fact that the driver entered a lane for which it was prohibited. Then the amount of funds for 2017 is equal to one and a half thousand rubles. Residents of Moscow and St. Petersburg give twice as much, up to three thousand.
Moreover, in this case, the effect of the brick does not apply to minibus taxis . They can drive under the image with this sign.
How to avoid a fine
The situation of drivers driving under a brick seems hopeless only at first glance. But a way out can always be found. The main thing is not to rush to sign the protocol with the accusation. It is necessary to orient yourself and correctly assess the situation. You can at least try to mitigate the administrative punishment as a last resort.
You can insist on a reduction in penalties if there are no signs indicating that vehicles are entering the territory with certain restrictions.
Finally, it can be proven that the sign was in a hard-to-reach place. To do this, it is recommended to take a photograph, at least from a distance of about 100 meters from the sign. Where it is clearly visible that there are obstacles during inspection.
It’s good if a fragment of the road was recorded by a video recorder. Then it will be easiest to convince the inspector that the GOST requirements were not met. The punishment will not be removed completely, but its amount will at least be much less than the original one.