Is it possible to avoid an accident using oncoming traffic?

Avoiding obstacles while driving into oncoming traffic is an illegal deprivation and sometimes a fine.

One of the most controversial road situations is avoiding obstacles. As a result of such a maneuver, the driver, in the vast majority of cases, will be deprived of the right to drive the car. But is this legal and how are traffic cops deceiving us?

So, you are driving your car and suddenly you notice an obstacle ahead, in the form of an incorrectly parked car, a car with emergency lights, a hole in the road, or any other obstacle that is simply impossible to go around without entering the oncoming lane through a solid marking line.

Case one is a road with one lane in each direction and no shoulder.

The situation for drivers is almost hopeless. And traffic police inspectors take advantage of this. Driving into oncoming traffic while avoiding an obstacle is in most cases classified under Article 12.15.4 of the Code of Administrative Offences, with subsequent deprivation of rights for 4-6 months. After all, the judge almost always trusts the inspector more: “There is no reason not to trust the inspector” - everyone who has been to court has probably heard this phrase from the judge.

The inspector himself states that

• there was no obstacle at all and you deliberately drove into oncoming traffic
• After avoiding the obstacle, the driver did not immediately return to his lane, but continued to move along the oncoming lane, at least 10 cm. At least 1 meter - it doesn’t matter.

Those few drivers who are able to confirm that there really was an obstacle and the detour was completed correctly will receive a fine of 1000-1500 rubles. under Article 12.15.3 of the Administrative Code.

In order to avoid the consequences of a dangerous maneuver in oncoming traffic, traffic police inspectors argue that it is necessary to stand behind the obstacle and call a traffic controller who will allow a detour. Imagine a picture, you decided to go on a visit in your favorite car, on the road you come across a broken car, which cannot even be parked on the side of the road because... it is not there and which of you, dear drivers, will call an inspector and wait an hour - two - ten for the inspector to arrive? Will he come at all? It's a funny situation isn't it?

Now let’s try to figure out how legal the inspectors’ actions are .
According to the new amendments to the traffic rules: “Obstacle” is a stationary object in the traffic lane (faulty or damaged vehicle, defect in the roadway, foreign objects, etc.) that does not allow further movement along this lane .
It is noteworthy that the traffic rules do not say anything about what should be done if this lane is the only one.
And nothing is said about the rules for avoiding such an obstacle. What is written about this in the Administrative Code? Article 12.15, paragraph 3: “ Driving, in violation of the Traffic Rules, into a lane intended for oncoming traffic, when going around an obstacle - imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles . ”

But does avoiding obstacles on the road with oncoming traffic fit under this article? The answer is yes, but only partially!

So, you are driving a car, an obstacle appears in front of you, you must go around such an obstacle on the right:

• You drove around an obstacle on the right - you did not violate anything
• You drove around an obstacle on the left, having previously given way to vehicles, and it was impossible to go around the obstacle on the right - according to the law, you are in absolutely no danger.
• You drove around Pripyat on the left, entering the lane of oncoming traffic, having previously given way to vehicles, but at the same time had the opportunity to go around the obstacle on the right, but for one reason or another did not do so - a fine of 1000-1500 rubles (Article 12.15 part 3)

The law clearly states that for this offense, if you violate it, an administrative fine is provided, why then are drivers deprived of the right to drive a car?

Article 12.15.p. 4 is applicable only when the protocol directly indicates the traffic rule that the driver violated by driving into oncoming traffic (“oncoming traffic can be different”). If it refers to another violation (marking 1.1, paragraph 1.3 of the Russian Federation Traffic Regulations - general provisions that do not prohibit anything - such a protocol has no legal force, and driving into the oncoming lane only accompanies it, deprivation of rights is illegal.

So, there are only four traffic rules that directly say about driving into the oncoming lane:

• clause 9.2. “On dual carriageway roads with four or more lanes, it is prohibited to drive onto the side of the road intended for oncoming traffic.”
• clause 9.3. “On two-way roads that have three lanes marked with markings (with the exception of markings 1.9), of which the middle one is used for traffic in both directions, it is allowed to enter this lane only for overtaking, bypassing, turning left or making a U-turn. It is prohibited to enter the leftmost lane intended for oncoming traffic.”
• clause 11.5. “Overtaking is prohibited at signalized intersections with entry into oncoming traffic and at the end of a rise, and on other sections of roads with limited visibility with entry into oncoming traffic. In this case, limited visibility is determined by signs 1.11.1, 1.11.2 “Dangerous turn”, 1.12.1, 1.12.2 - “Dangerous turns”, 1.29 “tunnel”, 1.31.1, 1.31.2 “Turn direction at the curve of the road radius with limited visibility."
• clause 15.3. It is prohibited to drive around vehicles standing in front of the crossing into oncoming traffic."

This means that it is absolutely illegal to deprive drivers of their rights on the basis of violation of markings and general provisions, without indicating the specific point of the traffic rules that the driver violated by driving into the oncoming lane.
And in the case of going around an obstacle, if it is impossible to go around on the right, such a point simply does not exist. Thus, based on the above, there is only one conclusion: the current situation with deprivations and fines is a big scam by the traffic police and judges.

What to do if you were illegally fined or deprived of your license? There is only one option - to defend your rights, complain and under no circumstances give up; the more drivers there are who fight for their rights, the greater the chances that the system, undoubtedly anti-people, will crack.

Rules for avoiding obstacles through a solid road

Drivers often face unusual situations on the roads, in most of which they need to think quickly and act correctly. Not only beginners, but also experienced motorists sometimes do not know how to get around an obstacle so as not to violate traffic rules. What raises the most questions for them is the algorithm for avoiding an obstacle through a single/double solid line. This situation often becomes the object of controversy, the reason for fines and even deprivation of the driver’s license for up to six months. Knowing the specifics of how such cases are interpreted will help you carry out a safe maneuver and protect yourself from negative consequences.

Need to understand the terms

When learning how to drive according to the rules, many drivers do not pay enough attention to terminology. In particular, not everyone understands the difference between overtaking and passing - basic car maneuvers. Some features that arise even in standard situations add complexity and often cause confusion.

Differences between overtaking and passing

Passing a moving vehicle is considered overtaking. Committing it on the left while crossing a solid lane in any case entails a violation of traffic rules and is most often punishable by a fine and can lead to deprivation of a license. Exceptions are cases when other driver actions are impossible, i.e. Even stopping is more dangerous for road users.

A detour is a maneuver in which a car bypasses a stationary vehicle or any other object that is an obstacle to its movement. At the same time, the driver who is avoiding an accident, an open hatch or other problem must act strictly in accordance with the established rules. Otherwise, he also risks breaking the rules and being held liable.

For example, going around a bus that has stopped at a stop as planned will be considered overtaking if you need to cross a solid road to complete the maneuver. Overtaking is defined as going around a traffic jam or a vehicle that is parked incorrectly. Even though the objects of movement are standing still.

Correct detour

Every driver must be prepared for the fact that at any moment it may be necessary to take a detour. For this reason, while driving a car, you need to monitor your surroundings, driving conditions, the behavior of other participants in the flow, and the type of markings.

Recommendations that, if followed, will reduce the likelihood of problems caused by incorrectly taking a detour while crossing a solid road:

• it is necessary to analyze the situation and make sure that the object is an obstacle and not a traffic jam or a temporary stop for transport;
• If possible, the detour should be made on the right side of the obstacle. It is better to drive onto the side of the road rather than cross a solid one;
• According to the official recommendations of the traffic police and other road services, ideally you should stop and report the situation by calling 112. The arriving inspector will assess the problem and suggest the best option for making a detour. In practice, this option causes serious congestion and is therefore rarely used;
• It is recommended to record the situation on the road on video using a phone or recorder, so that later you can prove the need to cross a continuous road. This is especially true if a situation arises on a two-lane road when it is not possible to make a detour on the right.

Passing a car or bus parked in the wrong place that is forced to stop on the road due to the lack of a separate pocket is considered a violation.

However, the inspector may have difficulty interpreting such a case and determining the punishment. Much depends on the specifics of the situation and the loyalty of the traffic police officer.

Maneuvering according to signs

As the driver moves, signs often appear that are posted by road services and traffic police inspectors. The motorist must be able to read them and act according to the situation.

Cases of displaying a “detour” road sign:

• carrying out repair work to improve the condition of the roadway;
• An accident requiring the closure of one or more lanes;
• work of public utilities, police.

Reacting to a sign requires performing a maneuver such as a detour. The posted sign will indicate which side it should be done from. In such a situation, even driving onto a solid line is not considered a traffic violation if it is caused by the appropriate sign.

What can be considered an obstacle on the road?

The Code of Traffic Regulations calls an obstacle a stationary object in the lane that prevents a car from passing. Most often it turns out to be another car that has stopped as a result of a problem. According to the rules, its driver must turn on warning triangles and place objects behind the car that additionally indicate an obstacle. Also, the reason for a detour may be the presence of a massive object on the road, a malfunction of the roadway itself, or the work of special services.

According to the set of traffic rules, a car can be parked provided that a distance of at least three meters is maintained from the dividing strip. In practice, many drivers ignore the standard, which leads to difficulties with travel. Moreover, according to the law, such an object is not an obstacle, to bypass which you can drive onto a continuous road.

Driver's actions when drawing up a protocol

Violations of traffic rules are recorded by a special camera or a traffic police inspector. In the latter case, a protocol is drawn up, which is subsequently sent to the court. The offender may ask to indicate in the document that he is asking for the proceedings to be conducted at his place of residence. If the specifics of the situation are not recorded through photography or video, two witnesses to the incident are involved in drawing up a report.

While the traffic police officer is preparing the documents, the driver is advised to start documenting the conditions in which he violated the law. Using a phone or recorder, you need to take a picture of the overall picture, the signs posted, the markings applied, and the features of the obstacle that caused the exit onto the unbroken road. You can only sign a protocol that fully reflects the specifics of the case and does not leave any controversial issues.

Penalty for incorrectly avoiding an obstacle

Drifting into oncoming traffic, tram tracks or ignoring the rules for crossing a solid dividing line are serious offences. Most often, their commission entails punishment in the form of a fine or deprivation of rights. Since 2018, the fine can reach 5,000 rubles, and the period of deprivation of a driver’s license ranges from 4 to 6 months. Punishment is imposed in case of overtaking, when going around a traffic jam, as well as entering the oncoming lane before making a left turn. A similar offense repeated within a year will result in deprivation of rights for up to 12 months.

Crossing a solid and double solid marking line - fines in 2018

It doesn’t matter whether you crossed a single or double solid marking line, this does not affect the amount of the traffic police fine. Such a violation affects an impressive list of possible consequences, up to a fine of 5,000 rubles or deprivation of the right to drive a car for up to 1 year.

Controversial situations

A mitigating circumstance for driving onto a continuous road in violation of traffic rules may be the presence of a sign warning of danger when moving forward. When drawing up a protocol, it is worth paying attention to the state of the markings - if they are erased and difficult to distinguish, this will become a factor in favor of the innocence of the offender.

The presence of evidence will allow the fine to be limited to 1.5 thousand rubles for violating the position of a vehicle on the road.

Also, driving onto a continuous road at the time of leaving the parking lot or yard is treated as a controversial issue - you can limit yourself to a fine of 500 rubles.

The unexpected occurrence of an obstacle (accident, fallen tree) serves as a mitigating circumstance. This requires evidence that the only way to continue driving or avoid an accident was to drive onto a solid road.

In what cases can a fine be avoided?

A situation in which the violation is considered minor usually allows for a verbal warning. Typically, this outcome occurs in cases where the case is dealt with on the spot by a traffic police inspector. If the materials reach the court, you can petition to remove the administrative liability from the violator on the basis of mitigating circumstances.

Avoiding an obstacle on the road - fine or imprisonment?

For reference. Punishments for driving into oncoming traffic are regulated by two articles of the Code of Administrative Offenses (CAO). Perhaps they are worth quoting:

12.15 Part 3. Driving, in violation of the Traffic Rules, onto 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 1,000 to 1,500 rubles.

12.15 Part 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 5,000 rubles or deprivation of the right to drive vehicles. for a period of four to six months.

But here it is worth defining what an obstacle is. Let us turn again to the legislation, namely to 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.

Thus, a bus disembarking passengers, a traffic jam, a small unevenness or pothole on the road, a puddle, broken glass, and even a crawling drunken pedestrian are in no way an obstacle!

Obstacles may be:

• barriers in connection with road works;
• failure or hole in the road;
• a car with a warning sign displayed;
• fallen tree and the like;
• other objects that do not allow passage.

When mandatory detour direction signs are placed on the barriers installed on all lanes in the same direction, then follow their instructions strictly. In other cases, having let the cars pass, go around the obstacle on the side of the road, and if this is not possible, then, using precautions, you can go around in the oncoming lane.

So, you did everything correctly, let the oncoming traffic pass and drove around the obstacle in the oncoming direction, since it was not possible to do this on the right due to the artificial fence. But then, out of nowhere, a traffic police inspector appears and is going to draw up a report on you, accusing you of driving into oncoming traffic. This is called "divorce". There can be no talk of any deprivation of a driver's license.

Your actions?

First: ask the inspector to present his official ID and record his details.

Second: tell the inspector that you were forced to drive onto the oncoming roadside (roadside) due to an obstacle and the lack of another detour option. And at the same time, ask the inspector why he is not taking all the necessary measures to organize a route around the obstacle that has arisen, as required by Article 49 of Order No. 185 of the Ministry of Internal Affairs of the Russian Federation, but instead he is hiding in ambush. There is complete inaction on the part of the traffic police inspectors.

And finally, third: tell the inspector that you will appeal all his actions through the prosecutor’s office and the court, and now you intend to call 102 and report his inaction. Demand that a protocol be drawn up, a detailed diagram of the location of the violation be drawn up, take a photograph of the place where the interference was created and where the inspector “played hide and seek”.

If the inspector nevertheless drew up a protocol, then in the person’s explanation column we write:

“I did not move along the oncoming lane (or side of the road), but used part of the oncoming road to go around the obstacle, since there was no other way to go around. The inspector showed complete inaction in organizing a detour around the obstacle. I need the help of a lawyer. The inspector refused to draw up a diagram of the violation. I have a video recording from the motion recorder.” (If available.)

And within 10 days, send an application immediately to the court with a request to appeal the decision made against you.

Penalty for avoiding an obstacle

Even if you had no choice, driving around an obstacle in violation of traffic rules is punishable by a fine. Alas, these are the realities of our legislation. The Traffic Rules do not explain in any way what you need to do if there is a tree on the road in front of you, an emergency vehicle or any other obstacle that can only be avoided in the oncoming lane. There is neither a corresponding paragraph, nor even the term “Detour”.

Acting strictly according to the letter of the law, you need to stop and wait until someone removes the obstacle.

And yet there are points that indirectly relate to our case:

• clause 9.2 of the traffic rules. “On dual carriageway roads with four or more lanes, it is prohibited to overtake or pass into the lane intended for oncoming traffic. ";
• clause 15.3. Driving through a railway crossing: “It is prohibited to drive around vehicles standing in front of the crossing into oncoming traffic.”

Thus, if a car makes a lane change due to the fact that the lane is blocked by something or someone, then its maneuver can be considered as a detour. In all other cases, i.e. if there is some activity in the lane in the form of a moving vehicle, the maneuver can be considered as overtaking or overtaking.

Is it possible to avoid an accident in the oncoming lane?

Sometimes unexpected obstacles appear on the roadway: colliding cars, a fallen tree or a broken down truck. To get around them, you have to move into adjacent lanes. What to do if only the oncoming section of the road is free? Member of the Russian Lawyers Association Yulia Marenkova helps to understand the situation .

Detour according to the rules

Drivers who see an accident and stand on a blocked section of the road have two options: wait until traffic police officials register an accident and order the damaged cars to be removed from the road, or drive around the accident in the oncoming lane or on the side of the road.

It would seem that driving onto the side of the road, sidewalk, lane intended for oncoming traffic, or onto tram tracks in the opposite direction, coupled with crossing a solid marking line, threatens the driver with administrative liability. Some inspectors even try to punish drivers for driving into oncoming traffic under Article 12.15 of the Code of Administrative Offenses of the Russian Federation, which implies a fine of 5 thousand rubles or deprivation of rights. However, in the case of avoiding an obstacle, the actions of drivers should not always be interpreted as deliberate overtaking across a continuous road.

A fallen tree or a section of the roadway excavated due to utility repairs are insurmountable obstacles. In addition, in accordance with paragraph 1.2 of the Road Traffic Rules (TRAF), any accident also constitutes an obstacle. Its participants must leave the damaged vehicles at the scene of the accident, and place appropriate signs in front of them. After this, the accident acquires legal status and special rules of behavior begin to apply in relation to it on the road. Thus, driving next to a fallen tree or cars damaged in an accident should not be regarded as overtaking them in oncoming traffic, but as oncoming traffic.

Before entering oncoming traffic, you need to make sure that there are no other ways to go around. If there is no shoulder or it is also blocked and there are no other ways, then you can pass the problem area in the oncoming lane without fear of getting a fine.

In some cases, to indicate detour routes in areas of accidents or construction works, traffic rules require the placement of additional signs on the road (4.2.1 - 4.2.2 traffic rules), indicating the direction of travel for other cars and allowing a detour if traffic is blocked due to an accident . This sign is installed by the road service or traffic police officers.

Detour by order of the inspector

In addition, avoiding an accident through a solid line is possible if the traffic flow is controlled directly by traffic police inspectors, since traffic rules unconditionally establish the priority of signals and orders of the traffic controller over traffic light signals, the requirements of road signs or markings.

If police officers arrived at the scene in a service vehicle, turned on the flashing lights and are engaged in eliminating the consequences of the accident, then legally this means that all signs and markings on the problem section of the road are canceled, and inspectors take over traffic control.

Often, police officers give the command to the first car standing near the blocked area to avoid the accident, and then the remaining cars repeat the perfect maneuver. Inspectors may not interfere in the process, but they are required to position their patrol car in such a way that drivers in oncoming traffic can see from afar that their lane is being used to avoid an obstacle.

If traffic police inspectors have not yet arrived at the scene, before starting to avoid the accident, you must make sure that the drivers of the colliding cars have posted signs and that driving along the side of the road is not possible. Only in this case can you get out into oncoming traffic through a solid line.

A hopeless situation - when traffic rules are prohibited by everyone

A fairly typical case: you are driving along a two-lane road (one lane in one direction, the other in the opposite direction, oncoming directions are separated by a solid marking line, on the right in the direction of travel there is a shoulder and sidewalk) and suddenly you come across cars frozen on the road after an accident. How to go around an obstacle?

Let's look at the options.

First, let's look at the text of the traffic rules and see what the obstacle is.

An obstacle is a stationary object in a traffic lane (a faulty or damaged vehicle, a defect in the roadway, 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.

Cars after an accident fit this term quite well. Is it possible to go around them in this case without violating traffic rules?

, driving into the oncoming lane is prohibited by clause 9.1(1), which appeared in the Rules this summer. Although such a maneuver was prohibited before, it’s just that now the ban has been prescribed in more detail.

Drive on the side of the road? This is also not an option; clause 9.9 of the Rules prohibits such a maneuver. There is, however, one caveat. Paragraph 12.1 of the traffic rules allows stopping on the side of the road. So you can cheat a little. Pull over to the side of the road, stop, you can even get out of the car and sympathize with the victims. Well, then continue moving.

If the width of the curb does not allow such a maneuver, then you can only drive around on the sidewalk. But this cannot be done either. The ban is established by the same paragraph 9.9.

Maybe give it back? So you are unlikely to travel far. After all, reversing is prohibited at intersections, pedestrian crossings, in tunnels, on bridges and overpasses, at railway crossings, where visibility is limited and in places where public transport stops. That is, you will clearly not be far away.

If the obstacle is cars involved in an accident, you can wait until those involved in the incident remember their responsibilities and move the cars to the side of the road. After all, clause 2.6.1 of the Rules requires exactly this. True, the cars can be severely damaged, and there is no way to pull them away. And then, instead of them, anything could turn out on the road - a hole, a pile of snow. All we have to do is wait for the traffic police to arrive. But how long will it take - a few minutes or an hour? So, maybe we should drive around carefully along the indicated trajectories?

And if you mistake a bus or trolleybus at a stop for an obstacle (when there is no parking space and it is impossible to pass), then in this case Part 4 of Article 12.15 of the Code of Administrative Offenses will apply, providing for a fine of 5,000 rubles or deprivation of rights for 4-6 months. After all, public transport stopping to pick up and drop off passengers is not considered an obstacle.

This is on the one hand. On the other hand, a normal traffic police inspector simply does not have the right to deal with issuing fines in such a situation. Its main task is to prevent crime and ensure unhindered passage. Therefore, if an inspector appears, we act on his instructions. If there is no inspector, then the only option is to go around the obstacle. For example, along trajectory 1. Of course, after making sure it is safe. But remember that traffic rules prohibit this. Yes, and sometimes there are set-ups from the traffic police.