I drove into oncoming traffic, what a punishment
Fine for driving into the oncoming lane
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Along the route there are often obstacles that need to be avoided. These can be either moving or stationary objects. Then the number of dividing strips and the width of the roadway may not be enough to perform a maneuver (detour or overtake). The driver has to:
- drive into the adjacent lane;
- cross a double line.
Driving into the lane of oncoming traffic is not only risky, but also punishable. A fine will follow. Therefore, the driver must be well versed in the nuances of assigning a fine for driving into oncoming traffic. You need to know when a maneuver actually becomes an exit.
The concept of “oncoming traffic”
The oncoming lane is understood as the lane(s) of the road along which the flow(s) of vehicles is moving in the opposite direction. Naturally, even a short trip to such a lane poses a mortal danger, because oncoming cars quickly approach each other, and the traffic situation becomes uncontrollable.
Only if two-way traffic is provided is it possible for vehicles to follow the oncoming flow. Such movement is permissible on any road, and by default, if there is no sign indicating one-way traffic.
Driving is allowed, that is, entering the opposite lane, if:
- a corresponding situation has arisen when the indicated maneuver becomes the only possible one;
- this was required for security reasons.
Such situations are indicated in the traffic rules; they must combine the following factors.
First circumstance. The road width is small. Its transverse size does not allow it to accommodate 4 standard traffic lanes.
Second circumstance. There are no markings that are used to delimit the stripes from each other.
Third circumstance. There are no signs prohibiting overtaking.
All these conditions, if combined, allow the driver to enter the lane of oncoming vehicles and continue driving along it. Indicated maneuver:
- necessary to avoid obstacles;
- required for overtaking;
- should not become an obstacle to oncoming cars moving in its lane.
And in other cases, driving into oncoming traffic is not allowed. If a traffic police inspector notices this violation, or it is recorded by an automatic surveillance camera, the driver will be punished.
When driving into oncoming traffic should be considered an unacceptable maneuver
- The roadway has a continuous dividing strip. In this case, a left turn, as well as a turn crossing a lane, is allowed only if there are intermittent markings.
- If along the way there is a sign prohibiting overtaking, driving into oncoming traffic is absolutely prohibited. The prohibition applies for the entire length of the road that the sign covers.
- The width of the roadbed is enough to create a 4-lane traffic, but there are no markings. Then it is permissible to drive into oncoming traffic only in the following cases:
- changing the direction of movement, that is, turning back;
- when turning left.
- Traffic in the opposite direction is prohibited, which is intended for rail transport.
- If there is a 3-lane road surface, the middle lane is intended for vehicles making a U-turn or turning left. Markings on such a road must be present, otherwise it will be considered that this road has only two lanes.
Sanctions for illegally driving into the oncoming lane
Firstly, the driver is fined. The size of the fine will depend on the specific violation of the rules.
Secondly, traffic violators are deprived of the right to drive a vehicle.
The least likely to be paid is the driver who tried to avoid an obstacle and therefore drove into the oncoming lane. He is obliged to confirm that it was necessary for him to act in this way. He must indicate that in the passing lane:
- there was damage to the coating;
- there was a stationary object;
- There was transport that could not be moved.
Amounts of fines imposed
The violation was recorded by a surveillance camera or an inspector. Then a fine ranging from 1 thousand rubles is imposed. up to 1.5 thousand rubles. The traffic police representative independently determines the amount of sanctions, taking into account the circumstances of the case.
Let’s say that the object that forced the driver to move into oncoming traffic was in a traffic jam or was motionless with the emergency stop signal activated, that is, without violating the rules. In this situation, driving into the direction of oncoming traffic cannot be considered a detour around the obstacle. More severe punishment will follow.
- The inspector draws up a protocol imposing a fine. Similar sanctions may follow after an event is recorded by an automatic security camera. Amount - 5 thousand rubles.
- For such a violation, you may be deprived of your driving license for a period of 4 months. up to 6 months Here the punishment is assigned only by the inspector.
Punishment for relapse
If a similar violation of the rules is repeated, the driver will be punished more harshly.
First punishment. If such a violation is detected by an inspector, the driver will be deprived of his license for a period of 12 months.
Second punishment. If a violation is recorded by a camera, a fine of 5 thousand rubles will follow.
It is necessary to periodically check whether fines have been imposed in order to be able to challenge such sanctions in a timely manner. You can carry out the check even at home by logging into the appropriate systems; you can also pay the fine via the Internet.
Useful tips
In case of unintentional driving along the perimeter of the oncoming lane, the driver may have the fine or deprivation of license canceled. After all, this could happen due to:
- bad weather conditions;
- disgusting condition of the road surface.
But you will have to prove your case in court. The driver will need to provide:
Let's say there is at least the slightest reason to challenge the inspector's arguments. Then the accident report should still be signed, but the driver needs to write down all comments there. Next, you should definitely make a note regarding your disagreement with the position of the traffic police inspector. The circumstances that forced the car owner to drive into the oncoming lane must be described in detail. The reasons must be objective and convincing.
There are precedents when it was possible to challenge the position of a traffic inspector, but it is still difficult for a driver to confirm that he is right. Traffic police officers take advantage of this, convinced that the car owner will not argue with them.
So there is only one way left to avoid paying a fine and not losing your license: you should not violate traffic rules, you need to follow the markings and signs. In large cities, this rule is especially relevant, since automatic surveillance cameras everywhere monitor violators on these highways.
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Fine for driving into the oncoming lane in 2020
Good afternoon, dear reader.
This article will talk about driving into the oncoming lane, as well as possible penalties for this violation of the rules.
Driving into oncoming traffic in any case is a rather dangerous maneuver. Well, in those places where such travel is prohibited by the rules, it is extremely dangerous. And it is no coincidence that you can “earn” not only an administrative fine from the traffic police, but also the deprivation of your driver’s license.
Driving into oncoming traffic without violating traffic rules
Therefore, I will answer this question right away - you can drive into the oncoming lane only in some cases, when this is not prohibited by traffic rules.
To put everything in its place, I will give several examples of traffic situations in which you can drive into oncoming traffic without fear of fines.
Situation 1. Not a wide road
A narrow road without markings (or with intermittent markings), without road signs “overtaking is prohibited” and other conditions prohibiting entry into oncoming traffic does not impose restrictions on driving in the oncoming lane:
Obviously, in this case, nothing prohibits driving into the left lane, for example, to overtake.
Let's take a closer look at this situation:
The road should not be wide , because In the absence of markings, the number of lanes for traffic is determined by drivers independently. Also of great importance is the fact that half the width of the roadway located on the left is considered the side intended for oncoming traffic. Both of these requirements are reflected in paragraph 9.1 of the traffic rules of December 21, 2018:
9.1. The number of lanes for trackless vehicles is determined by markings and (or) signs 5.15.1, 5.15.2, 5.15.7, 5.15.8, and if there are none, then by the drivers themselves, taking into account the width of the roadway, vehicle dimensions and required intervals between them. In this case, the side intended for oncoming traffic on two-way roads without a dividing strip is considered to be half the width of the roadway located on the left, not counting local widenings of the roadway (transition and express lanes, additional lanes on the rise, drive-in pockets of stops for route vehicles ).
A very important conclusion that follows from this paragraph of the rules: if there are no markings on the road, then the number of lanes on it must be even , because exactly half of the road is intended for oncoming traffic. Those. on a road without markings there can be either 2 lanes or 4 at once. There cannot be three lanes!
Therefore, in the situation under consideration with driving into the oncoming lane, the road should not be wide, because otherwise it will become four-lane, and driving into the oncoming lane will entail a fine or deprivation of rights.
Situation 2. Three-lane road
On a three-lane road (with markings) without signs and other conditions prohibiting entry into the middle lane, you can drive onto it without the risk of losing your driver's license, for example, to overtake:
Once again I emphasize the fact that a three-lane road must necessarily have markings. Otherwise, the road will be two-lane or four-lane (depending on the width of the roadway).
The two situations discussed above and some of their modifications are those exceptional cases when you can drive into oncoming traffic with impunity, because The listed maneuvers are permitted by traffic rules.
When is it prohibited to enter the oncoming lane?
Let's look at the main situations in which driving into oncoming traffic is prohibited.
Situation 1. Four-lane road
In this case everything is simple. Regardless of whether there are markings and signs on the road or not, driving towards oncoming traffic on a road with 4 lanes or more is prohibited.
9.2. On dual carriageway roads with four or more lanes, it is prohibited to overtake or pass into the lane intended for oncoming traffic. On such roads, left turns or U-turns may be made at intersections and in other places where this is not prohibited by the Rules, signs and (or) markings.
Those. on four-lane roads, it is allowed to enter the oncoming lane only in a perpendicular direction if the driver is making a left turn or a U-turn that is not prohibited by additional signs or markings. Overtaking or passing on oncoming traffic is prohibited in any case.
Situation 2. Prohibitory road markings
The road has markings prohibiting entry into oncoming traffic. In this case, regardless of the number of lanes on the road (the road can be two-lane or three-lane), driving into the oncoming lane is prohibited.
The type of markup also does not matter. This could be marking 1.1, 1.3 or 1.11 (directed with a solid line in your direction):
Situation 3. No overtaking sign.
In this case, also, regardless of the number of lanes and markings, it is prohibited to enter the lane of oncoming traffic.
The peculiarity of this situation is that if the road is two-lane, then you can make a left turn or a U-turn on it. As for overtaking, it is prohibited and the penalty for driving into the oncoming lane in this case is very significant, but this will be discussed below.
Situation 4. Entering the left lane of a 3-lane road.
In this case, it is obvious that entering the left lane of a 3-lane road is prohibited.
Fine for driving into oncoming traffic in 2019
In 2019 and 2020, there are 2 types of penalties for driving into the oncoming lane:
- Administrative penalty.
- Revocation of a driver's license.
Before moving on to a detailed consideration of penalties, I suggest you download and print the current table of fines for violating traffic rules:
Punishment for avoiding obstacles in 2020
First, let’s look at the concept of “Obstacle” from paragraph 1.2 of the traffic rules:
“ Obstacle ” is a stationary object in the traffic lane (faulty or damaged vehicle, roadway defect, foreign objects, etc.) that does not allow further movement along this lane.
A traffic jam or a vehicle stopped in this lane in accordance with the requirements of the Rules is not an obstacle.
In this case, the punishment is provided for avoiding traffic accidents, broken cars, damaged sections of the road, etc. If an arrogant driver avoids a traffic jam before a traffic light, then his maneuver is not an obstacle avoidance and is punished in a completely different way.
3. Driving, in violation of the Traffic Rules, into a lane intended for oncoming traffic when going around an obstacle, or onto tram tracks in the opposite direction when going around an obstacle -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
The fine for driving into the oncoming lane in this case will be 1,000 - 1,500 rubles (at the choice of the traffic police officer). A driver who wishes to drive around an obstacle along tram tracks in the opposite direction will receive exactly the same fine.
Penalty for turning left or making a U-turn
Punishment for turning or turning using the oncoming lane is provided for in Part 2 of Article 12.16 of the Code of Administrative Offenses:
2. Turning left or making a U-turn in violation of the requirements prescribed by road signs or markings of the roadway, -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
Thus, the fine for an incorrect left turn or U-turn can also vary from 1,000 to 1,500 rubles .
Penalty for overtaking and in all other cases
This paragraph deals with the punishment that is imposed when driving around a traffic jam or overtaking in oncoming traffic. Also, do not forget about the common situation when the driver crosses the markings with one or two wheels, for example, when turning.
In 2020, both an administrative fine and deprivation of rights may be imposed for driving into the oncoming lane. Let's look at Part 4 of Article 12.15 of the Code of Administrative Offenses:
4. Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for in Part 3 of this article -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.
So, the fine for driving into the oncoming lane in 2019 and 2020 is 5,000 rubles , and deprivation of rights can be imposed for a period of 4-6 months .
I note that if the violator is stopped by a traffic police officer, the case will be sent to court and it is the judge who determines the type and amount of punishment. If the violation is recorded by a camera operating in automatic mode, then in any case the driver will be fined five thousand for driving into oncoming traffic.
Deprivation of rights for repeated driving into the oncoming lane
In 2019 and 2020, the driver may also be subject to an additional deprivation of license for repeatedly driving into oncoming traffic. Let's consider part 5 of article 12.15 of the Code of Administrative Offenses:
5. Repeated commission of an administrative offense provided for in part 4 of this article -
entails deprivation of the right to drive vehicles for a period of one year, and in the event of an administrative offense being recorded by special technical means operating in automatic mode, having the functions of photography, filming, video recording, or means of photography, filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles
For repeated driving into the oncoming lane, which is personally recorded by a police officer, the driver will be deprived of his license for 12 months . Well, if this violation is recorded by an automatic camera, the fine will be 5,000 rubles.
Note. A violation is considered repeated if less than a year has passed since the payment of the fine or the return of rights after deprivation.
Driving into the oncoming lane is a fine in 2019
What is the fine for driving into the oncoming lane?
Penalty for crossing double solid markings when turning left
Article 12.16. Part 2 of the Code of Administrative Offenses of the Russian Federation
Penalty for driving into the oncoming lane when going around an obstacle, driving onto oncoming tram tracks when overtaking
Article 12.15. Part 3 of the Code of Administrative Offenses of the Russian Federation
Penalty for entering the oncoming lane when not passing, driving onto oncoming tram tracks not when passing
Article 12.15. Part 4 of the Code of Administrative Offenses of the Russian Federation
Penalty for repeated entry into the oncoming lane not while passing, repeated entry onto oncoming tram tracks not while passing
Article 12.15., Part 5 of the Code of Administrative Offenses of the Russian Federation
Fine for driving in the opposite direction on a one-way road
Article 12.16., Part 3 of the Code of Administrative Offenses of the Russian Federation
Repeatedly driving in the opposite direction on a one-way road.
Article 12.16., part 3.1 of the Code of Administrative Offenses of the Russian Federation
What is the fine for driving into oncoming traffic/oncoming traffic in 2019?
In 2019, drivers will be fined under a number of articles for driving into the oncoming lane. The fine and article depend on the specific circumstances in which the offense was committed: whether the driver entered the oncoming lane, whether the driver entered the oncoming lane intended for minibuses and taxis, whether the driver drove into the oncoming tram lane, drove around a slow-moving vehicle, or simply overtook “overtaking prohibited” sign. Depending on the danger and severity of the violation, the fine will range from 1,000 rubles to deprivation of rights for a year.
An article that describes in detail all possible options for entering the oncoming lane is called Fines for violating the “No Overtaking” sign.
What are the penalties for driving into oncoming traffic?
1. Drifting into the oncoming lane when overtaking on the highway
The most common case is when a driver drives into the oncoming lane when overtaking on the highway, where it is prohibited: overtaking is prohibited in the area of the sign or through continuous lane(s).
For this violation, traffic police officers will fine the driver under Parts 4 and 5 of Article 12.15 of the Administrative Code, the fine will be 5,000 rubles or deprivation of rights from 4 to 6 months.
2. Drifting into the oncoming lane when overtaking at an intersection
Drivers often forget that overtaking at an intersection is also prohibited if the intersection is controlled, or the driver is not driving on the main road at an uncontrolled intersection. In this case, the driver will also be fined under Parts 4 and 5 of Article 12.15 of the Administrative Code. The fine is also 5000 rubles.
3. Driving through a roundabout in the opposite direction
This violation is punishable under Parts 4 and 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation. The fine is also 5000 rubles.
4. Entering oncoming traffic when making a left turn
Drivers need to be especially careful when making left turns at intersections or in areas where a double solid line breaks. There is a misconception that when performing this maneuver, you don’t have to monitor the vehicle’s trajectory. However, you can earn a fine for this maneuver. After all, this action is interpreted as entering a lane intended for oncoming traffic. Punishment - a fine of 1000-1500 rubles. under Article 12.16 Part 2.
5. Driving in the oncoming lane on a one-way road.
The penalty for this violation will be 5,000 rubles, or deprivation of rights from 4 months for the first violation, up to a year for the second one. The driver’s actions fall under Article 12.6 Part 3 of the Code of Administrative Offenses.
This violation is interpreted in the same way as driving in the oncoming lane. The punishment in this case is 5,000 rubles or deprivation of rights for a period of 4 to 6 months in the first case. In case of repeated violation, the driver will be deprived of his license for a year.
Punishment for driving into oncoming traffic
It is difficult for a person to fill out five legislative norms and ten exceptions to traffic rules at once. For this reason, the issue of punishment for driving into oncoming traffic can be described in simple and easy-to-remember formulas.
There are two main types of punishment for “oncoming traffic”:
Consequences of driving into the oncoming lane
Driving a car out of its lane and then driving into oncoming traffic creates a dangerous situation on the road. Even in the absence of restrictive markings and prohibitory signs, it is recommended to resort to this maneuver as little as possible. Drifting into oncoming traffic in an area where it is prohibited by traffic rules threatens the driver with a monetary penalty or deprivation of his license for up to a year. The size of the fine for unauthorized driving in the oncoming lane depends on the characteristics of the situation, the behavior of the offender, and his reputation.
What is driving into the oncoming lane according to traffic rules?
Traffic on the roadway can be one-way, when all cars go in the same direction, or two-way - vehicles drive parallel, but in opposite directions. In the second option, vehicles, leaving their flow to the left, enter the lane of oncoming traffic. The set of traffic rules clearly states in what situations such maneuvers are permissible, when they are prohibited, and what threatens drivers who violate the rules. When planning to leave your zone, especially one limited by law, it is important to remember that such an action can result not only in a fine or deprivation of your driving license for driving into oncoming traffic, but also in human casualties.
When turning or turning
Any maneuvers that involve entering the lane of oncoming traffic must be performed strictly in those places where this is not prohibited by markings or road signs. Only in such a situation the driver is not in danger. Even a short stay of a car in the path of traffic can lead to an accident. For this reason, driving into oncoming traffic when making a left turn or a U-turn in violation of the markings should at least be carried out perpendicularly. Then the punishment will be limited to a fine of 1-1.5 thousand rubles.
In a situation where the turn or u-turn was followed by at least a short movement of the vehicle in the oncoming lane, the punishment will be more severe. It provides for a fine of 5 thousand rubles or restriction of the right to drive a vehicle for 4-6 months. The same consequences can occur when performing a maneuver along an oblique rather than perpendicular trajectory (at the discretion of the inspector). A U-turn through a double continuous or single continuous marking is punished equally. In the first case, no more stringent sanctions are provided.
Avoiding obstacles
An obstacle is any stationary object on the roadway that prevents a vehicle from following its lane. The exceptions are traffic jams, incorrectly parked cars, or cars simply stopped for some reason. If driving on the wrong side is caused by the need to go around an obstacle, avoiding a collision with it or creating a more dangerous situation, the traffic police fine will be 1-1.5 thousand rubles. In cases where traffic is regulated by additional signs or by a traffic police inspector, the driver is not given a penalty at all.
For driving in the oncoming lane, provoked by the driver’s desire to avoid a traffic jam, he is subject to a fine of 5 thousand rubles or deprivation of his license for up to six months.
At the crossroads
The intersection is intended for U-turns, turns and transitions to other roads, but practice shows that many drivers violate the rules for its use. In particular, when turning left at an intersection, you need to reach a place where the markings allow you to perform the maneuver. Otherwise, it will be regarded as an intersection of a solid line. You also need to wait for the moment when such an action does not create interference for anyone. A vehicle entering the oncoming lane at an intersection is permitted only if the car is walking on the main road and observing the markings.
It is strictly forbidden to maneuver at an uncontrolled intersection while driving on a secondary road. In such a situation, the driver will be fined for driving in the oncoming lane in the amount of 5 thousand rubles. It is also possible to impose restrictions on driving a vehicle for up to 6 months.
Overtaking on oncoming traffic while crossing a solid line or despite prohibiting signs is one of the most serious offenses. During such a maneuver, the vehicle ends up in oncoming traffic for an extended period, becoming a source of danger. The law punishes not only direct violation of traffic rules; in a number of controversial situations, the driver can also suffer serious punishment. In particular, it is illegal to begin or complete a maneuver by crossing a continuous marking line. Depending on the specifics of overtaking in oncoming traffic, the violator may be given a fine of 500 to 5,000 rubles or a license restriction for 4-6 months.
The exception is situations when the driver performed the action according to the rules and clearly calculated everything, but the markings were applied with violations. It is also considered a mitigating circumstance if the car did not have time to return to its lane due to the presence of an obstacle on it.
The consequences of a vehicle entering oncoming traffic threaten to be so catastrophic that even for driving into oncoming traffic with one wheel, the punishment can be a fine of 5 thousand rubles or deprivation of rights for six months. In some cases, if the driver manages to prove with the help of video materials that he only touched the markings, and parts of the car did not go into the oncoming lane, the penalty is mitigated. In particular, a fine of 500 rubles or more may be issued for driving on a continuous road.
One Way
Following a one-way road in the direction opposite to the flow of traffic is regarded as a direct exit into oncoming traffic. Such a maneuver is punishable in the most severe manner - a fine of 5 thousand rubles or deprivation of rights for up to 6 months.
Reverse movement
In populated areas with very dense traffic, reversible lanes are actively used. They are regulated by special signs and traffic lights, which allow you to change the direction of flow at will. As a result, it is possible to achieve unloading of a certain line on which a traffic jam has formed, due to the spare lane. When using such sections of the road, drivers must exercise increased attention to avoid accidentally driving in the oncoming lane. Otherwise, their actions risk falling under non-compliance with a number of articles of the Code of Administrative Offenses of the Russian Federation.
Ignoring a traffic light signal, as a result of which the driver drove into the oncoming lane, will cost a fine of 1 thousand rubles.
An incorrect exit from such a lane is fraught with a penalty of 500 rubles. Driving a vehicle into the oncoming lane when the traffic light is off is punishable by a fine of 5 thousand rubles.
Oncoming tram tracks
The legislation provides for a maximum fine for driving a vehicle into oncoming traffic if the car then enters the oncoming tram lane. This qualifies in the same way as overtaking while crossing a solid line. The consequences of the maneuver are a fine of 5 thousand rubles or deprivation of rights for a period of 4 months to six months.
The same penalty is provided if the driver drove in that direction even a few centimeters and turned left from the oncoming lane. Citizens who do not want to waste even a few minutes often engage in such maneuvers, creating dangerous situations on the roadway.
Driving into oncoming traffic without violating
There are situations in which driving into oncoming traffic is not considered a violation and does not entail administrative liability. The driver must not only know about his rights, but also remember that in the event of an unusual or controversial situation, he himself must take care of collecting evidence of the correctness of his actions. Photographs, videos, and witness statements are considered as such.
Situations in which driving a vehicle in the oncoming lane is not considered a violation:
- absence of prohibitory signs - if there are no restrictions in the form of continuous markings or a road sign “overtaking is prohibited”, driving into oncoming traffic is possible. The main thing is to carry it out with extreme caution and within the framework of traffic rules;
- inconsistency of markings and signs – it happens that the lines on the roadway and signs contradict each other, confusing traffic participants. According to the law, in such situations it is necessary to perform maneuvers in accordance with the signs, they are considered a priority. But if you ignore them, you will have to suffer administrative punishment;
- the presence of a traffic controller - in such areas it is necessary to follow the instructions of the inspector and temporary signs, if any, neglecting the markings and signs;
- narrow road - if there are no markings on the road surface, then it can be two or four lanes. In the latter case, they rarely do without dividing lines, so most often questions about the possibility of driving into oncoming traffic arise on two-lane roads. In such a situation, the absence of a continuous line allows you to freely enter oncoming traffic if this does not interfere with the traffic going along it;
- road with three lanes - if three lanes are separated on the road using broken lines, then drivers of both outer lanes have the right to enter the middle lane as necessary, for example, to overtake;
- bypassing an obstacle - if possible, it is recommended to go around an obstacle on the right, if the width of the road allows or there is a shoulder. Otherwise, you can go around a stationary object on the left, entering the lane of oncoming traffic. It is important to ensure that such actions do not lead to negative consequences.
If you are not sure of the legality of your actions, it is better not to drive into the oncoming lane. The main thing is not to repeat them in such a situation after other drivers who may deliberately commit a violation.
What is the fine for driving into the oncoming lane?
The amount of the fine for driving a vehicle into the oncoming lane depends on the type of violation, its consequences, and the specifics of the situation. It can range from 500 rubles to 5 thousand rubles. It is extremely rare to get by with a verbal warning for such a maneuver.
The inspector’s attitude to the situation often plays an important role in determining the final amount. For this reason, it is not recommended to be rude to a traffic police officer; it is better to calmly point out mitigating circumstances, and, if possible, confirm them with evidence or testimony of witnesses.
Important point! For crossing a solid road into oncoming traffic, the driver can only face a fine if the maneuver was recorded by a camera. The court can make a decision to temporarily suspend the validity of a driving license only if a report is drawn up by a traffic police inspector. The same authority sets the period of deprivation of rights.
Repeated violation
If the car repeatedly enters the lane of oncoming traffic, the penalty automatically takes the form of suspension of the driving license for 1 year. According to the rules prescribed in the Code of Administrative Offenses of the Russian Federation, an unlawful act of this type is considered repeated if it was committed within a year after the end of the previous punishment. To avoid deprivation of your license for driving into oncoming traffic, you can try to negotiate with the inspector drawing up the protocol. Only evidence of the presence of mitigating circumstances will help with this; traffic police officers rarely give in to the persuasion of persistent violators.
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Drifting into the oncoming lane: fine, what is considered driving into oncoming traffic, what is the penalty for such a violation
For driving into the oncoming lane, the fine in 2019 remains the same; as a rule, it is deprivation of rights. Let's understand the situations, what is driving into oncoming traffic and what is not.
It should be noted that driving into oncoming traffic in order to overtake vehicles moving ahead is the most dangerous maneuver in the arsenal of motorists. By using it, drivers endanger not only their health, but also the health of those people who conscientiously “walk” in the proper lane. Therefore, the most desperate motorists risk losing their driver's license altogether for abusing overtaking in the wrong places.
When can you drive into oncoming traffic?
The current automobile legislation of the Russian Federation is very vague in explaining in what situations driving into oncoming traffic is permitted and, in general, what is considered driving into oncoming traffic. Those who like to "get dirty" take advantage of this to avoid paying a fine. You can’t find exact instructions in the laws, but they still set some rules.
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There will be no punishment for driving into the oncoming lane in 2019 if:
- A motorist is driving along a road that has no markings at all. In this case, what is not prohibited is allowed: if you don’t see a sign prohibiting overtaking nearby, you can safely make the maneuver (but only if the current situation on the road allows it).
- A motorist is driving on a three-lane road. Such roads are rare, and if the driver finds himself on it, he can consider it a pleasant bonus. The middle lane of such a road is designed specifically for road maneuvers. Any driver can use it, regardless of the direction of travel. The main thing: do not accidentally end up in the far opposite lane - this will already be a serious traffic violation.
The rules seem pretty clear - where does the aforementioned vagueness lie? Here's where: according to traffic rules, overtaking is prohibited by special restrictive signs. Therefore, there is no sign - you can overtake, and there will be no fine for driving into oncoming traffic. Also, according to the traffic rules, when entering the oncoming lane, the motorist is obliged to take into account the width of the roadway and the dimensions of his vehicle, but there is no information on what criteria he should focus on.
Such vagueness of traffic rules transfers them to the category of recommendations, which, as we know, experienced “drivers” do not need.
When you can’t drive into oncoming traffic
In 2019, a fine will follow for driving into the oncoming lane if:
- The markings divide the road along which the motorist is moving into an even number of lanes (usually two or four). This limitation is established by clause 9.2 of the Traffic Regulations. Overtaking on a highway, for example, with two lanes, is only possible if there is a permit sign.
- There are markings prohibiting maneuver or a “No overtaking” sign. In this case, the width of the canvas and the number of stripes do not matter at all.
What threatens a careless driver?
What are the dangers of driving into the oncoming lane? One of two measures is applied to the violator:
- Revocation of a driver's license.
- Fine.
What is the current fine for driving into the oncoming lane?
It’s worth starting with the fact that fines increased significantly in 2015. If previously reckless drivers could get away with a symbolic sum of 1 thousand rubles, then in 2019 the fine for driving into oncoming traffic will be as much as 5 thousand rubles. Such sanctions are a sensitive blow to the wallet of a middle-income Russian and a serious motivation to behave carefully on the road.
Important: it doesn’t matter whether the motorist crossed a solid road with one wheel or two – the fine is the same.
Deprivation of a driver's license for a period of 4 to 6 months occurs if the camera recorded the same car driving into the oncoming lane for the second time in a year (relapse).
If a police officer has personally recorded a drive into oncoming traffic, he can choose what punishment to apply to the violator - a fine of 5 thousand rubles or deprivation of rights. You don’t need to have a wild imagination to imagine how traffic police inspectors can enrich themselves through such a right. The stakes are especially high if the driver is caught by the inspector illegally overtaking for the second time - in this situation, the traffic police officer has the right to deprive the motorist of his license for a whole year.
Please note: the norms of the Code of Administrative Offenses apply to drivers only if the violation they committed did not lead to a traffic accident and human casualties. If the violator provoked a traffic police accident in which someone was injured, he will not get away with deprivation of his rights and a fine - he will be tried to the fullest extent of the Criminal Code.
The inspector is wrong - how can the driver protect himself?
The situation when traffic police officers stop a decent driver and accuse him of crossing a solid road seems absurd - the motorist risks losing his license out of nowhere. However, this happens all the time.
Fortunately, the driver has ways to defend himself against unfounded police charges. A motorist who finds himself in such a ridiculous situation needs to follow these recommendations:
- You cannot immediately sign a protocol on an administrative violation. Most likely, the inspector will not reflect the driver’s opinions regarding the “pseudo-violation” in the report. The motorist’s task is to carefully read this document and mark his disagreement with the circumstances described by the inspector and the need to involve a lawyer in the case. If you have to go to court, the protocol will be the key evidence - if there is a driver’s signature on it (in fact, with his consent), there is nothing to argue about.
- As evidence, it is worth presenting a recording from the Roadgid DVR .
Now Roadgid devices have penetrated the vehicles of even the most conservative motorists, which is completely justified: video recording is an “iron” argument, you can’t argue with it. Advice: do not transfer the recording from the registrar for storage or even for viewing by traffic police inspectors. You will deprive yourself of your “ace in the hole” and most likely you will not get the recording back. - The motorist should definitely warn the inspector that he will appeal the case to the prosecutor's office. Perhaps the driver's assertiveness in wanting to defend justice will make the police officer wonder whether he is really right.
Based on the results of the “violation”, the driver must have a copy of the protocol in his hands. With this document, as well as with all kinds of evidence that can confirm the absence of a violation, the driver needs to go to the prosecutor's office.
It is important to do this within 10 days from the date of the “violation”. If the deadline is missed for a good reason (say, due to illness of the motorist), it can be reinstated. The procedure is the same as, for example, when reinstating the deadline for an appeal.
Another way to avoid deprivation of rights
Even if the driver actually drove into oncoming traffic, he has the opportunity to escape punishment. According to GOST, between the intermittent markings 1.5 (at which overtaking is possible) and the solid line there must be a marking 1.6, warning that a solid line will soon begin. Marking 1.6 looks the same as dashed, but the length of the lines is 3 times the distance between these lines.
If there were no 1.6 markings and the 1.5 line immediately became solid, the driver can claim that he was not warned about the impossibility of overtaking. There is a clear violation of GOST, which means it will not be so easy to file a claim with the driver.
A motorist needs to act like this:
- take a photograph of the transition of the markings to solid;
- photograph the kilometer pole (if there is one);
- reflect in the protocol that the violation was committed precisely because of incorrect markings.
Extreme necessity - what are we talking about?
The term “extreme necessity” appears in Article 2 of the Administrative Code of the Russian Federation. This article actually gives drivers the opportunity to exercise the right to freedom of movement guaranteed by the Constitution. What is it about?
An extreme necessity when entering the oncoming lane arises, for example, if the main lane is clogged with a broken down bus - in such a situation, the driver has no choice but to make a detour through the solid one. The paradox is that if the motorist stops and waits for the bus to continue moving, he will again become a violator. In fact, he impedes the freedom of movement of other citizens: those who gradually begin to form a “traffic jam” behind him.
If you believe the explanations of the traffic police about driving into the oncoming lane, the driver has the right to cause harm to the state through illegal actions if the damage caused is less than what was prevented. Thanks to this postulate of the Code of Administrative Offenses, motorists can actually break the law without fear of remorse.
Although there are many ways to get away with driving into oncoming traffic, you shouldn’t tempt fate. The consequences of a violation are more serious than a fine - the violator endangers the lives and health of people.