Completed overtaking in a continuous manner, what a punishment

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.

Consequences of completing overtaking through a continuous line

According to the law, a maneuver performed by driving on a continuous line is an illegal act and is punishable in accordance with the current Code of Administrative Offenses. However, there are a number of exceptions to this rule. Moreover, situations often arise on the roads that are interpreted differently by traffic police officers and drivers. This also applies to completing overtaking through a continuous line.

Is it possible to overtake when there are solid markings?

Traffic regulations prohibit the movement of vehicles along a continuous road or entry onto this line. Such actions are interpreted as driving into the oncoming lane and are strictly suppressed. Disputes between drivers and police officers over whether motorists really violate traffic rules if they cross a solid marking line at the end of a maneuver are explained by two reasons:

misunderstanding of how the relevant norms of the Code of Administrative Offenses are interpreted;
damage (erasure) of road lines.

The general procedure, established by the decision of the plenum of the Supreme Court, is as follows: if motorists entered the oncoming lane on a broken line, but finished overtaking on a solid line, this is a direct violation of traffic rules. This interpretation is explained by the fact that drivers bear full responsibility for their own actions on the roads. That is, when driving a vehicle, a person is obliged to:

constantly monitor the situation on the road;
independently assess the distance between neighboring cars;
avoid actions that could lead to an accident.

This means that if he starts overtaking in an intermittent lane, the driver must complete the maneuver before the solid lane appears and return to his lane.

Road markings according to traffic regulations

In relation to the case under consideration, the PPD establishes three possible options for the marking line applied to the roadway:

The latter signals to drivers that a solid road will soon appear. That is, if overtaking begins in an intermittent lane, and a warning line appears, you must return to the previous lane. This rule also applies to cases when a maneuver is made next to a slow-moving vehicle (tractor, etc.), which is required to open the road for other types of vehicles.

There must be enough space to complete the overtaking maneuver before the solid road appears. And this should also be assessed by the motorist.

Moreover, even the absence of warning markings does not always allow one to avoid penalties.

What regulations is it regulated by?

The procedure and conditions for overtaking are regulated by section 11 of the traffic rules. The traffic rules also define information regarding the specifics of markings (location, type, color, etc.). Similar information is contained in Article 12.15 of the Administrative Code. And in paragraph 4 of this section of the Code, information is provided on penalties for cases when the driver did not have time to complete overtaking before the appearance of a solid road.

Situations in which you cannot complete a trip to this line

It is prohibited to perform a maneuver on a solid road, regardless of the circumstances on the road, including:

overtaking vehicles, including slow-moving ones;
turning onto an adjacent road;
when obstacles arise.

The last point means the following: if an obstacle appears in front of the car, the driver must turn in the direction opposite to oncoming traffic (even if he has to pull onto the side of the road).

When is the maneuver allowed to end?

The only case that is not punishable by fines if drivers have overtaken on a solid road is when the car is moving on a narrow road with markings that are worn out or hard to see due to dirt or other factors. The traffic rules also provide for two situations when such actions are not an offense:

both lanes are located together, and the car makes a U-turn or enters or leaves the parking lot;
the car moves out of the yard and turns left (in the direction of the rest of the traffic).

The Plenum of the Supreme Court determined another situation when it is allowed to overtake: the car is moving along the road, on the side of the road, and before leaving, the driver is convinced that the maneuver is safe (no other cars are moving in the oncoming lane).

How to react to the actions of a police officer when drawing up a report?

If the driver crossed a solid marking after the end of the intermittent line, and this action was recorded by a traffic police officer, it is recommended:

do not interfere with the recording of an offense;
justify the reason why the departure was made in violation of traffic rules;
provide convincing evidence that it was impossible to carry out the maneuver otherwise;
take photographs of the scene of the incident;
write “Disagree” on the police report if the motorist plans to challenge the decision.

It is also recommended to insist that the police officer inspect the condition of the road markings and note in the report that the road markings have been erased or covered with dirt.

Penalties

Crossing a solid line, regardless of the reasons for committing this act, is punishable by penalties.

What happens if you cross a solid marking line, and is it possible to complete overtaking through a solid line?

Crossing a solid line marking is a common violation, which, however, can be punished differently depending on the traffic situation. Let's figure out what punishment options are available and how to act in this or that case.

All types of horizontal markings are listed in Appendix 2 to the traffic rules, and there, in part 1, it is explained which markings can be crossed and which cannot. The single solid line is designated 1.1, and the double solid line is designated 1.3, with line 1.2 marking the edge of the roadway.

According to the traffic rules, “ lines 1.1, 1.2 and 1.3 are prohibited from crossing ,” but there is a reservation that “ line 1.2 is allowed to be crossed to stop a vehicle on the side of the road and when leaving it in places where stopping or parking is permitted ” - otherwise the driver may be punished for driving on the side of the road or stopping or parking in unauthorized areas. In addition, we can conclude that the single and double continuous lines separating traffic flows in opposite directions are equal from the point of view of traffic rules - neither one nor the other can be crossed.

Another line that cannot always be crossed is the double broken marking 1.9: in the absence of reversible traffic lights or when they are turned off, it is allowed to cross it if it is located to the right of the driver ; when the reversible traffic lights are on - on any side, if it separates the lanes along which traffic is allowed in one direction , but when the reversible traffic lights are off, crossing the 1.9 markings is prohibited.

In addition, there is marking 1.11, which separates traffic flows of opposite or similar directions on sections of roads where changing lanes is allowed only from one lane - such markings can only be crossed from the side of the broken line, but crossing it from the side of the solid line is prohibited - this is equivalent to crossing solid line 1.1.

Another clarification concerns damaged, inconsistent and temporary markings. The traffic rules state that “in cases where the meanings of road signs, including temporary ones, and horizontal marking lines contradict each other or the markings are not sufficiently distinguishable, drivers must be guided by the road signs. In cases where temporary marking lines and permanent marking lines contradict each other, drivers must be guided by the temporary marking lines.” Simply put, if, for example, next to the white intermittent marking 1.5 there is a temporary orange marking 1.1, it is the temporary marking that has priority, and you cannot cross it .

Crossing a solid line, whether single or double, can be punished differently depending on the situation. Let's consider all cases in order.

As we remember, you can cross line 1.2 only to stop in places permitted for this. If the driver crossed the line marking the edge of the roadway and continued driving, this will be interpreted as driving on the side of the road and will be punished in accordance with Part 1 of Article 12.15 of the Administrative Code: “driving on the side of the road entails an administrative fine in the amount of one thousand five hundred rubles .”

Crossing a solid marking line is prohibited even when going around an obstacle and is punishable under Part 3 of Article 12.15 of the Code of Administrative Offences: “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 of in the amount of one thousand to one thousand five hundred rubles .

Just in case, let us remind you that according to the traffic rules, an obstacle is a stationary object in the traffic lane (faulty or damaged vehicle, defect in the roadway, foreign objects, etc.) that does not allow you to continue moving 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.

If the driver did not go around the obstacle, but crossed a solid marking line for overtaking or for other reasons, driving into the oncoming lane, then the punishment will be more severe. According to Part 4 of Article 12.15 of the Code of Administrative Offences, “driving in violation of the Traffic Rules into a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, entails 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 .

If within a year after committing such a violation the driver is caught again, the penalties will be even more severe. Part 5 of the same article 12.15 states that a repeated violation “shall entail 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 automatically , having the functions of photography and filming, video recording, or photo means and filming, video recording - imposition of an administrative fine in the amount of five thousand rubles .”

If entering the oncoming lane through a solid line is a conscious violation, then unsuccessful overtaking, which ends after the appearance of a solid line between the lanes, is not always the case. However, from the point of view of traffic rules, both are different violations that fall under the same part 4 of article 12.15 as mentioned above. Moreover, the recent resolution of the Plenum of the Supreme Court of the Russian Federation No. 20 dated June 25, 2019 not only explains how to prove your case in an accident with a roadside driver or a driver driving in the oncoming lane, but also further clarifies that “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.”

The only case where the penalty for completing overtaking through a solid line can be avoided is if the markings are incorrect: if the beginning of the solid line was not preceded by a long broken marking 1.6, warning of approaching markings 1.1 or 1.11. According to GOST 52289-2004, in a populated area, marking 1.6 should appear 50 meters before the start of the continuous line, and outside the city - 100 meters.

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.