Finished overtaking with a permanent deprivation or fine
Is it an offense to overtake on a continuous road?
Completing the overtaking of vehicles through a continuous line of road markings is one of the most controversial situations from the point of view of modern legislation.
Completing overtaking through a continuous road, as a problem, has periodically confronted drivers and traffic police officers for many years, and the developers of traffic rules are in no hurry to take measures to eliminate it.
Contradiction between traffic rules and administrative codes
According to the traffic rules established in 2019, standard overtaking consists of several basic manipulations.
This may involve driving into the oncoming lane, possibly getting ahead of one vehicle or several at once, and then returning to the lane that was previously occupied.
Many drivers are interested in the question of whether or not it is possible to carry out such a manipulation, how to cross a solid marking line when overtaking and avoid losing a driver’s license if a violation was detected by traffic police officers.
Is it allowed to overtake through a solid road?
The modern automobile market is developing quite rapidly. Brand new models are constantly appearing, each of which is equipped in such a way as to fully satisfy the requirements of buyers - experienced drivers and beginners.
The number of buyers who have the opportunity to purchase a personal car is increasing almost every day. People are simply beginning to switch to their personal means of transportation en masse.
For each individual driver this is not a problem, but for the whole world as a whole, for city and country streets, such an abundance of cars becomes a problem, since the number of accidents increases significantly.
If we take into account the latest trends, based on which the driver has at least once had an accident while driving, the legislation is gradually changing to suit this or that time, traffic rules are becoming more stringent.
Despite this, it is quite difficult to avoid various violations. The reason for the occurrence of such difficult situations lies primarily in the gradual decrease in the usual space on the road.
There are a huge number of cars on the roads with drivers sitting in them, where everyone strives to get to their destination as quickly as possible.
It is difficult to find a motorist who would not find himself in a situation where he has to drive for a very long time, moving along the highway at a fairly slow speed.
The reason for such a slowdown is often based on the fact that there is a real caravan of loaded trucks ahead of the car. It is clear that when a good moment arises, most motorists try to avoid an obstacle in the form of a slow-moving vehicle. Very often in such situations, advance is carried out in violation of certain rules.
In the process of overtaking cars, drivers very often begin overtaking on intermittent markings and complete the maneuver on solid ones. This is a direct violation of currently valid traffic rules.
Most drivers are sure that such a violation of the rules is interpreted in the law not entirely correctly, while current legislative standards stubbornly insist that crossing a solid line in the process of overtaking is a direct violation of traffic rules.
For such manipulations, a fine may be imposed for crossing a solid line when completing overtaking in 2019 . Depending on the situation, the driver may be subject to a monetary fine, as well as temporary deprivation of his driver's license.
No driver wants to lose his license, so it’s worth familiarizing yourself with the rules for such overtaking. You can learn how to get ahead of the curve and at the same time not violate the current traffic rules.
It is worth noting that nominally manipulations of this kind are both prohibited and permitted . The assessment of the situation in this case will depend on the traffic police officers, on the level of their responsibility and conscientiousness.
Features and conditions for completing overtaking
At its core, overtaking across a continuous road is one of the most serious violations . It is impossible to avoid punishment for this. On modern roads, GOST is valid regarding the features and rules for marking.
If these white lines were drawn without taking into account certain legal requirements, it will not be easy to prove your innocence.
In other words, the answer to the question whether overtaking on a continuous road is a violation will be positive.
According to traffic rules, before a solid dividing line appears on the highway, additional warning markings must be applied. We are talking about standard markings, which look like small white rectangular lines.
The distance between them is allowed to be quite large. As soon as the marking changes in appearance, that is, the lines become approximately three times longer than the usual short ones, and the distance between them becomes less and less.
In this section, overtaking will be quite difficult, fraught with certain penalties and emergency situations. The illegality of such an action is based on the fact that in the process of completing overtaking you can accidentally slow down and move to a continuous line.
According to GOST requirements, it is strictly forbidden to apply a continuous standard line immediately after a broken one . Between these categories of lines there must be special intermediate signs.
Based on them, the driver must understand that after some time there will be a continuous line of markings on the road, and accordingly, overtaking is strongly not recommended.
If, during a difficult or emergency situation, the driver is sure that the markings on the highway are applied incorrectly, this must be indicated to traffic police officers . This will help you maintain your driver’s license and not face any punishment.
Penalties in 2019
The decision of the Supreme Court, in the process of legally deciding the question of whether it is possible to cross a solid line when overtaking, decided to classify such a process as a serious offense.
According to modern legislation, violation of such a rule must necessarily be punished. However, at the same time, the law regulated the possibility of effectively preventing, if not a dangerous situation, but the resulting liability.
A fine and deprivation of a driver's license can be successfully avoided if you prove the inattention of employees of modern road services who made a mistake in the process of applying markings on the highway.
Violations of this type fall under the category of cases of certain administrative liability. In full accordance with the rules of the Code of Administrative Offenses of Russia, the legal punishment for the violator may be a certain financial penalty or confiscation of the driver’s license.
It should be noted that the penalty is chosen strictly by the traffic police, who in most cases prefer to deprive the driver of his license rather than impose a fine.
The amount of the penalty in 2019 can reach 5,000 rubles, while back in 2015 the amount of the fine was only 1,500 rubles . In other words, there has been a significant increase in the amount, which is based on the rapid increase in the number of emergency situations.
Many road accidents when crossing a solid line lead to the most unforeseen and tragic consequences.
Very often, seemingly innocent overtaking of a car across a solid line becomes the cause of very serious accidents directly involving several vehicles at the same time.
Speaking about the terms of withdrawal of rights, they range from 4 to 6 months. The exact sentence to be awarded depends on the degree of guilt of the driver.
If during the process of violation the driver causes additional risks for other drivers, the person will be deprived of his license for a period of six months. If there are no serious consequences, the deprivation of rights will be 4 months.
Challenging violations and penalties
In certain situations, a driver has the right to challenge a violation while overtaking vehicles on a highway.
If the overtaking process was started on a broken line and completed on a solid line, this will be considered a fairly serious violation, which may result in a serious penalty.
It is possible to challenge the situation and thereby avoid possible liability for violating traffic rules and overtaking in only one situation.
This applies to the case when employees of public utilities and road services made certain mistakes in the process of marking the highway.
This is a serious shortcoming of road company employees, who are punished for the reason that road users are automatically placed in a risky position by means of such markings.
If the road markings were applied in accordance with established rules, it will be impossible to prevent punishment . The violator is guaranteed to pay a fine, and in more complex and dangerous situations will be deprived of his driver's license.
The exact punishment will be based on the severity of the violation and what consequences it caused.
What to do if a violation is detected?
If a driver is stopped and charged with a violation for crossing a solid median, and if he is confident of his innocence, it is important to take certain actions.
While the traffic police officer is busy with paperwork, it is worth studying and recording the general road situation. It is advisable to immediately photograph the emergency situation using your phone. This will be quite enough.
The resulting photo must include the following objects:
During the process of drawing up the protocol, you do not need to indicate your agreement with the violation, you do not need to register the fact of driving onto a continuous marking and how long it took to move along the oncoming lane.
It is enough to simply reflect all the measurements taken and indicate that a photograph is attached to the protocol.
During the conversation with the inspector, it is worth drawing his attention to the fact that it was not the rules of permissible advance that were violated, but the position of the car. It is wrong to advance and to overtake - these are two different things .
If there are any contradictions or disagreements with a traffic police officer, you should definitely record your disagreement in the protocol. It is imperative to require the inspector to draw up this document, the most detailed diagram of the violation.
It would not be out of place to mention that all the actions of the inspector and his reluctance to resolve the situation will be appealed in court.
Summing up
The driver will be guilty of committing a traffic violation if traffic police officers determine that he had the opportunity to comply with all the standards and rules established by law, but he did not take all the necessary measures to carefully comply with them.
Penalties will most likely be canceled if the driver would have to use even more dangerous emergency braking or suddenly wedge into a nearby column of vehicles to return to the designated lane.
Video: Started overtaking on intermittent - ended on continuous
Overtaking ended on continuous, starting on intermittent - deprived of license
Traffic rules have clear wording and definitions. Thus, the Rules prescribe that crossing solid and double solid lines is prohibited. But they also require being located exclusively to the right of such lines. The latter was introduced quite recently and is relevant for 2019. But what should you do if they want to deprive you of your license or issue you a fine if overtaking is completed on a continuous marking, having begun on an intermittent one, when you were a law-abiding driver? Is it possible according to the traffic rules to cross solid markings like this, including after the sign “Overtaking is prohibited” and, most importantly, how to avoid punishment for this? All this and let's find out!
Completing overtaking on a solid road - is it possible according to traffic regulations?
In fact, the situation is quite banal and, most importantly, widespread. You are driving on a 2-lane road, one in each direction, and begin an overtaking maneuver by crossing a broken line. But suddenly a solid road appears, and you can only return to your lane through it.
This is what the road situation looks like:
We are talking about 2 types of road markings:
- 1.1 – single solid, which is applied on 2-lane roads,
- 1.3 – double solid, applied according to the Rules on a road with 4 or more lanes, and all the requirements for it are the same as for 1.1, including the rules for crossing when overtaking is completed.
When asked whether it is possible to complete an overtaking maneuver on a continuous one if it was started on an intermittent one, the traffic rules give a clear answer - no!
And the reason for this is the description of marking 1.1 (as well as 1.3 - double solid), which directly prohibits crossing both lines. In addition, paragraph 9.1.1 of the Rules prescribes a complete ban on being on the left of any type of continuous road, except for the one that divides the curb or parking space.
Lines 1.1, 1.2 and 1.3 are prohibited from crossing .
9.1(1). On any two-way roads, driving in the lane intended for oncoming traffic is prohibited if it is separated by tram tracks, a dividing strip, markings 1.1, 1.3 or markings 1.11, the broken line of which is located on the left.
You can find similar explanations from the traffic police in posters on the walls of the State Traffic Inspectorate departments in your area.
If you started on intermittent and ended on intermittent?
The next situation is an even more cunning move by those who like to overtake - if the completion of overtaking occurred through an intermittent lane and began in an intermittent lane, although you drove along the oncoming lane, bypassing a solid one.
Please note that clause 9.1.1 was introduced not so long ago - a couple of years ago, and in 2019 it essentially replaces the opinion of the Supreme Court, which prescribed a similar ban on being to the left of the solid line. And at that time, such a decision made it possible to deprive drivers of their licenses or issue a large fine to those drivers who did not cross the solid road when maneuvering, but were to the left of it while driving through the solid road.
That is, paragraph 9.1.1 of the Rules directly prescribes that it is prohibited to drive in the oncoming lane if it is divided by lines 1.1 or 1.3.
If you finished after the “No overtaking” sign
The third situation: the continuous road is completely separated by intermittent markings, but there is a sign prohibiting overtaking. You, as a respectable car enthusiast, began to overtake another car before the 3.20 sign, but did not have time to complete the maneuver after it or simply did not notice it (for example, overtaking a truck).
Alas, the Rules are inexorable here too. You can't do that. The fact is that the overtaking maneuver ends only when you return to your lane. In the diagram above this did not happen before the sign. This means that you found yourself in the oncoming lane in violation of traffic rules, and this is already a compound for bringing you to punishment. And it is about responsibility for this that we will talk below, and then we will provide up-to-date information on how to avoid deprivation of rights for prohibited overtaking completed along a solid line.
Fine and imprisonment?
The main article under which you can receive a fine for completing overtaking through a continuous one, if you did not have time to do it on an intermittent one, is 12.15, part 4. It occupies the upper limit of possible financial sanctions for traffic violations and is 5,000 rubles.
But the fine is not the most frightening thing about this standard of punishment. The same article provides for deprivation of rights for a period of 4 to 6 months.
There are no other security measures or additional punishment for this:
- if you have finished overtaking on a continuous road and started on an intermittent one, then you do not have the right to evacuate to the impound lot for this (Article 27.13 of the Code of Administrative Offenses),
- Removal of license plates with prohibition of use is also not allowed,
- just as there will be no other punishments: administrative arrest, confiscation of anything.
A fine or deprivation of rights is provided as a variation: either one or the other. Deprivation of rights in administrative law is considered a more severe punishment and can be applied to you in the following cases (at least if one of the following is present):
- presence of traffic police fines - especially early fines for overtaking,
- consequences of a maneuver (accident),
- if you overtook while intoxicated,
- and others.
And, on the contrary, if there are mitigating circumstances, then a fine may be imposed:
- if you contributed to the discovery of the violation (turned yourself in) and did not deny it,
- if you are a pregnant woman or have a young child,
- if you are a minor,
- you repent of what you did,
- and others.
Who decides whether to impose a fine or deprivation of rights? The case, which is considered according to this norm, is first sent to the head of the traffic police department at the place of overtaking through a continuous road. A traffic police officer on the road does not have the right to make a decision - only to write out a protocol, thereby initiating an administrative case.
Next, you are called for a debriefing to this unit, where you can (and should) report all the circumstances and state your position. You don’t have to show up for the traffic police inspection. But in this case, the chances of deprivation of rights increase.
No traffic police officer can deprive you of your rights. Only judges do this. Therefore, the inspector considering the case of prohibited overtaking, if there are circumstances for which he decides that the driver is subject to deprivation, sends the materials of this case to the court. And then the judge at the second stage decides whether to impose a fine or deprive the driver of his rights.
Repetition
Completing overtaking through a solid road while starting on an intermittent road also has a relapse - if you are caught with this violation twice within a year, then you will already be deprived of your license for a year. If only the violation is recorded on an auto-recording camera, then there will be a fine of 5,000 rubles.
How to count this year correctly? It begins from the date of execution of the first decision - full payment of the fine or the end of the period of imprisonment.
Important note!
- This article provides basic information, but each case is different.
- In 92% of all situations there are important nuances that can affect the outcome of the entire case.
- An experienced lawyer will study all the materials of the case and indicate in which direction to move.
Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.
or consult toll-free: 8 (499) 938-43-58 (Moscow), 8 (812) 425-13-31 (St. Petersburg), 8 (800) 350-14-83 (all of Russia).
How to avoid deprivation?
If they want to deprive you of your rights or impose a fine, then there are a number of subtleties that will allow you to evade responsibility. But they should also be approached with great care.
Markup 1.16
This is a broken line with long strokes and short distances between them. But what we need in it is that it must be applied before solid and double solid. It is designed to warn drivers that continuous markings will soon begin and overtaking will not be possible.
So, according to GOST on road markings (clause 6.2.8 of GOST R52289-2004), it must be at least 50 meters long. In short, and this is part of a cause-and-effect relationship with the fact that you did not have time to complete the overtaking before the clear one, then the attraction is illegal, because your violation is not your fault, but the fault of the road workers.
You can also measure the length of the markings after involvement: at the stage of consideration of the case or if the deadline for appealing the punishment has not passed. But this requires evidence. Video measurement with the ability to recognize your location in the frame (house numbers and street names, other noticeable data) is also suitable.
Requalification for a fine
If you are deprived of your license for completing overtaking through a solid road and starting on an intermittent one, then above we have already described in detail how to do as much as possible so that a fine is assigned.
If the traffic police officer does not have video evidence
This is a low chance of avoiding deprivation of a driver’s license, but it exists nonetheless.
The protocol is to blame for this - according to the established judicial practice in 2019, it is evidence. To be more precise, the proof is the keen eye of the inspector who took the oath, and a priori he has more trust from the judges than an ordinary citizen who is defending himself.
Thus, if an employee in court or at a traffic police hearing simply states that he saw you overtaking through an intermittent traffic signal, but finished the maneuver already at a solid one or after the 3.20 sign, then the court will most likely believe him. Even if the truth is on your side, then, alas, without you having a DVR with a recording that you did not violate traffic rules, the prospects for the matter are bad.
However, in 2019, judicial practice is still slowly but surely moving towards drivers in this regard. This became possible thanks to the decision of the Supreme Court, which recognized that the protocol is not enough to attract drivers to a fine or deprivation of their license - more compelling arguments are needed.
The inspector did not show the video of the overtaking
A police officer claims to have a recording of your violation but refuses to provide it? Alas, the 2019 law does not oblige him to do this.
Meanwhile, the absence of video recording affects the outcome of the case, but the fact that you see it here and now will not change anything - a protocol will be drawn up and handed over to the head of the traffic police.
Continuously not visible due to snow or mud
But this is already a compelling argument in your favor. In this case, there is no element to hold you accountable if you have finished overtaking on a solid road, because for this it must be your fault. There is no fault, since the markings are covered with snow or are under a layer of mud on the road.
But again, you need to take care of collecting evidence in advance - even at the time of the violation. Moreover, in such a way that the date and time of filming can be determined from the video, and that it coincides with the time of attraction.
Arbitrage practice
- In the Stavropol region, the driver did not agree with the punishment imposed on him in the form of deprivation of his license for the fact that he began overtaking on an intermittent line and ended on a continuous one, citing the fact that it does not matter where the maneuver is completed - the main thing is that it began at the permitting markings. The judge, as you can see from the link, rejected such objections, but nevertheless commuted the punishment to a fine of 5 thousand rubles.
- Another similar decision, where the driver asked to cancel the punishment because he did not see the “Overtaking prohibited” sign.
- In Dagestan, the driver simply asked for a reduced sentence because he has a young daughter and the car is a source of income. The court upheld the complaint and imposed a full fine for overtaking.
- In the Krasnodar Territory, the driver appealed the decision, arguing that the driver of the overtaken car began to increase speed, thereby preventing overtaking. Unfortunately, the court did not listen to this argument.
- The Ivanovo District Court dismissed the case for lack of a violation, since the length of the 1.6 marking when approaching a continuous line was not in accordance with GOST (less than 50 meters).
Completing overtaking through continuous markings
Good afternoon, dear reader.
Many drivers are interested in what punishment they face for overtaking across a solid marking line. This is primarily due to the fact that on many country roads the sections of intermittent markings are too short and not every overtaking can be completed in a timely manner.
Crossing solid markings when overtaking
Crossing the solid marking line 1.1 in any case is a violation of the rules:
1.1 — separates traffic flows in opposite directions and marks the boundaries of traffic lanes in dangerous places on the roads; indicates the boundaries of the roadway to which entry is prohibited; marks the boundaries of vehicle parking spaces;
Lines 1.1, 1.2 and 1.3 are prohibited from crossing .
In addition, paragraph 9.1 1 of the traffic rules, which was introduced on July 12, 2017, prohibits the driver from being in the oncoming lane, which is separated by a solid marking line:
9.1 1. On any two-way roads, driving in a lane intended for oncoming traffic if it is separated by tram tracks, a dividing strip, markings 1.1 , 1.3 or markings 1.11, the broken line of which is located on the left.
Thus, completing overtaking through a continuous marking is a violation of traffic regulations.
Clarification of the Supreme Court on the completion of overtaking
The position of the Supreme Court, which is given in paragraph 15 of the Resolution of June 25, 2019, is fully consistent with the above paragraph 9.1 1 of the SDA:
15. Actions of the driver associated with violation of the requirements of the Russian Federation Traffic Regulations, as well as road signs or markings, resulting in driving into a lane intended for oncoming traffic, or onto tram tracks in the opposite direction (except for cases of avoiding an obstacle (clause 1.2 of the Russian Traffic Regulations), which are qualified under part 3 of this article), are subject to qualification under part 4 of article 12.15 of the Code of Administrative Offenses of the Russian Federation .
Directly such requirements of the Russian Federation Traffic Regulations are established, in particular, in the following cases:
a) on any two-way roads, driving in a lane intended for oncoming traffic is prohibited if it is separated by tram tracks, a dividing strip, markings 1.1, 1.3 or markings 1.11, the broken line of which is located on the left (clause 9.11 of the Russian Traffic Regulations);
In this case, the actions of a person who entered the lane intended for oncoming traffic, in compliance with the requirements of the traffic rules of the Russian Federation, but who completed this maneuver in violation of these requirements, are also subject to qualification under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation.
That is, crossing a solid road at the end of overtaking falls under Part 4 of Article 12.15 of the Administrative Code.
Penalty for crossing a solid road when overtaking
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.
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 case of recording an administrative offense using 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
If overtaking through a continuous line is the first such violation for the driver, then he will receive a fine of 5,000 rubles or will be deprived of his license for 4 - 6 months .
If the driver has previously driven into oncoming traffic, that is, the violation is repeated, then the punishment will be more severe - 1 year of deprivation of license (or 5,000 if the violation is recorded by an automatic camera).
What to do if the intermittent marking ends?
If the driver began overtaking through intermittent markings, but while in the oncoming lane he noticed solid markings ahead, then the most correct decision would be to slow down, stop overtaking and return to the passing lane behind the overtaken vehicle.
Let's figure out at what point you need to stop overtaking and return to the passing lane.
When applying road markings, the following sequence is used:
That is, after the usual intermittent markings, first the intermittent markings with long strokes appear, and only then the solid ones.
So, if you see that a long intermittent marking begins ahead, and your car is not yet completely ahead of the one being overtaken, then you need to slow down.
Naturally, in practice the driver always has a choice:
- slow down and refuse to overtake;
- complete overtaking through a continuous lane (risking your license).
And depending on the traffic situation, any of these options can be selected.
For example, you see that the intermittent road ends and you do not have time to complete overtaking. However, at the same time as you, another car began overtaking, which is located directly behind you. In this case, braking may lead to a collision, because the driver of the second overtaking car does not expect such a maneuver.
In this situation, it is rational to complete overtaking in violation. Even if this leads to a fine or imprisonment, the consequences of an accident in the oncoming lane can be much more serious.
In conclusion, I would like to remind you that if you are driving on a narrow road and for a long time you cannot choose a suitable place to overtake, then it makes sense to choose a place and stop for a few minutes. A short break will allow you to catch your breath. At the same time, a car that you could not overtake will go far enough and you are unlikely to cross paths with it in the future.
What happens if you start overtaking on intermittent and end on continuous?
Overtaking on broken lines does not always result in the same type of road markings. There is a possibility of completing the maneuver on a solid lane, for which drivers face punishment, up to and including deprivation of their license for six months. We will describe below what fines motorists will face for crossing a continuous road in 2018.
Is overtaking across a solid line allowed?
Overtaking across a solid line is one of the most common violations on the road. According to traffic regulations, such maneuvers create an emergency situation and interfere with traffic for other motorists. Drivers are given an administrative fine for speeding across a solid line. In case of repeated violation, citizens may be deprived of their driver's license for a period of 2 to 6 months. However, there are exceptions to the rules.
Overtaking across a solid line is permitted in the following cases:
- Completing overtaking through a solid line is a necessary measure to avoid an accident. But only when the cause of the pre-accident situation was not the driver himself;
- The length of the marking does not meet the established requirements of GOST. According to the law, the distance between intermittent markings 1.5 and continuous markings 1.6 must be at least 100 meters (50 meters in a populated area). If the duration of the marking is less than the established values specified in the regulations, overtaking will not be a violation of traffic rules.
If the driver started ahead of a slow-moving vehicle on a broken line and ended on a solid line, then, based on Article 12.15 of the Code of Administrative Offenses of the Russian Federation, such an action is a violation of traffic rules. The traffic police inspector has the right to draw up a protocol on the administrative violation. However, it is worth taking into account that the person driving the vehicle is innocent until proven otherwise in court. The presence of an authorized person when recording traffic violations is not a mandatory condition in 2018. There is special technical equipment (video recorders, cameras) that are located in areas of the highest traffic flow. The cameras record any traffic violation and automatically send the data to the road inspection register. This fine for crossing a solid road line will be sent to the driver by mail.
The procedure and features of completing overtaking
Overtaking is the act of exceeding the speed of a vehicle in order to get ahead of other vehicles. Such a maneuver involves the exclusive departure of the car into the oncoming lane and subsequent return.
The order of advancing through a solid line:
- Over speed;
- Turning on the turn signals (warning the driver of a slow-moving vehicle about the need to overtake);
- Entering the lane with the opposite traffic;
- Advancing a slow-moving vehicle;
- Completing overtaking and returning to the right lane.
Before overtaking, the driver must carefully assess the situation on the road and take into account several factors:
- the approximate speed of the vehicle in front should not exceed the established standard;
- the driver needs to analyze the distance and speed of oncoming traffic;
- condition of the road surface. Potholes and other obstacles take time to overcome; therefore, overtaking in such places is prohibited;
- It is necessary to assess the vehicle's ability to overtake the vehicle in front.
Overtaking must be completed according to certain rules specified in the traffic rules. After the motorist has gotten ahead of the vehicle and is ready to return to his lane, it is necessary to turn on the right turn indicator, and only then change the car. It is also necessary to look in the side and rear view mirrors so as not to create a threat to other road users. At the end of overtaking, it is prohibited to cross the solid line of the road, pedestrian crossings and railway crossings. Particular attention must be paid to signs and indicators that prohibit overtaking on this section of the road. For such a violation, drivers are fined from 500 to 2,000 rubles.
Amount of fine
Violation of traffic rules, in particular, overtaking on a solid line, is punishable by a monetary penalty in the amount of 500 to 2,000 rubles if the receipt is paid within 10 days. This fine is imposed on the driver for violating road markings and creating an emergency situation.
According to Article 12.15, Part 4 of the Code of Administrative Offenses of the Russian Federation, the driver is given a fine of 5 thousand rubles or deprivation of his driver's license for a period of 4 to 6 months if he overtook a car and accidentally drove onto a solid line of the road. For repeated traffic violations, a citizen is subject to double administrative liability.
When recorded by photo or video cameras, failure to comply with traffic regulations entails a fine of 5 thousand rubles.
Is it possible to challenge the punishment?
You can challenge a traffic police fine for violating road marking rules only if the citizen driving the vehicle is confident of his innocence. This may be facilitated by certain circumstances of hitting or crossing a solid marking line when overtaking, for example:
- Poor visibility and quality of road markings. If they try to hold a driver accountable for such a violation, it is necessary to obtain evidence - photograph the state of the markings that do not comply with GOST, your vehicle against the background of a traffic police inspector’s car or a fixing device, the road situation and the location of the car relative to the road. The punishment is disputed in the arbitration court at the place of residence;
- A forced collision with a solid line when overtaking can be confirmed by a recording from the dash cam.
The fine must be contested within 10 days from the date the protocol is issued.
Is overtaking through a continuous lane a penalty?
Many drivers are interested in whether it is possible to overtake through a solid line, because according to traffic regulations, crossing such a line is not allowed. The answer to this question is contained in the Traffic Regulations and the Code of Administrative Offenses, according to which the driver may be held administratively liable for violations of the rules. To understand the topic in more detail, read our article.
Is it possible to overtake through a continuous lane?
A solid marking line is a special line that, relatively speaking, limits the possibility of drivers entering the oncoming lane for the purpose of overtaking. They are prohibited from crossing it until a broken line appears, on which overtaking, turning or turning around is allowed - it all depends on the road situation and the presence of other signs.
The purpose of the solid line is to prevent accidents. It is usually applied in emergency areas with limited visibility, multiple exits from a secondary road, and other places where an accident could potentially occur if a car is in the oncoming lane.
A continuous line can be drawn by road workers in combination with an intermittent line. In this case, cars moving on the side of the intermittent lane are allowed to overtake, but drivers from the opposite direction are prohibited from doing so.
If one or two solid lines are drawn on the road surface, overtaking through them is prohibited for absolutely all road users, regardless of their location in a certain lane.
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Thus, if you decide to overtake a car moving in the same direction through a solid road, you will definitely have to pay a fine. The same applies to completing a maneuver through such a line, but in some cases drivers manage to avoid liability.
What are the conditions for completing overtaking?
Even before overtaking begins, the driver must make sure that he will have time to complete it before the start of the continuous line or the place where there is a sign prohibiting this maneuver.
When deciding to overtake a slow-moving car, it is important to follow several rules:
- Make sure that the car can be returned to its lane before the start of the solid line or prohibition sign. To do this, you need to take into account the number of vehicles that will have to be overtaken. If it is clear in advance that you will not have time to overtake without violations, it is better to wait for the most favorable moment and drive at the speed of the traffic.
- Return to your stripe if the strokes of the broken line gradually increase in length: this means that it will soon become solid. You must occupy the appropriate lane before it starts. If other cars do not allow you to enter in violation of traffic rules and there are no other cars in the oncoming lane, it is better to slow down slightly and wait until there is a sufficient gap between the vehicles to return to your original place.
- Pay attention to the signs. Usually a sign prohibiting overtaking is combined with a solid line, but if there are intermittent markings on the road and at the same time there is a prohibition sign, you should focus on it.
Traffic regulations and all kinds of GOSTs say that a broken line should not be immediately after a solid line - this is a violation. The nature of the markings should change gradually: broken lines gradually increase and turn into one solid one. The same applies to the opposite situation: if you are driving in traffic and want to overtake it, as soon as the continuous one begins to gradually turn into intermittent traffic, you have the right to do this, making sure that the maneuver is safe.
The amount of the fine for overtaking through a continuous line
Violation of the rules of overtaking is grounds for prosecution under the Code of Administrative Offenses of the Russian Federation. Only a traffic police inspector can punish a driver, but in some cities cameras have already been installed that record cars in oncoming traffic in violation of traffic rules.
If such a maneuver is recorded by an inspector, you will have to pay a fine of 5,000 rubles. Also part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation provides for the deprivation of a driver’s license for a period of 4 to 6 months, but it is usually applied for a repeated violation.
What to do if overtaking is completed according to the rules, but you are held accountable?
The only reason why a driver can be released and not prosecuted is if the rules for applying road markings were violated by the workers themselves servicing this section of the road.
If you find yourself in a situation where a continuous line begins suddenly immediately after an intermittent one and the inspector nevertheless draws up a protocol, you need to perform several actions:
- Take photographs and video of the section of road where overtaking was completed. The markings must be clearly visible on the frames: they will be needed in future for legal proceedings.
- Sign the protocol and indicate your disagreement. There is no point in refusing to sign - the inspector will, in any case, hand over all the materials to initiate enforcement proceedings.
- Obtain a decision to prosecute.
What happens next depends on the punishment. If you were simply issued a fine, it is enough to contact a higher-ranking head of the traffic police or challenge the decision in court. if we are talking about deprivation of a driver’s license, all proceedings in any case will be conducted through a judicial authority, where you need to provide evidence to support your case. The court does not take into account unfounded facts.
If they want to deprive you of your rights, you can immediately begin to defend your opinion in court by presenting evidence. If you have witnesses, their testimony will become an additional argument in your favor. The end result is a cancellation of the decision, but only if you manage to convince the court of your innocence.
By law, any driver can be deprived of his license if he overtakes through a single or double line. To prevent this, it is recommended not to make rash maneuvers and always calculate the place where it will end, taking into account the markings and road signs.