Punishment for aggressive driving

Fine for dangerous driving

About a year ago, certain amendments were made to the state traffic rules regarding such violations as various types of dangerous driving on the highway.

In this article you can find out what such a movement is, as well as what the fine may be for dangerous driving in 2019.

Dangerous driving on the highway - what is it?

Everyone knows that aggressive driving causes a variety of accidents. Among the most common accidents are:

Collisions with pedestrians who are calmly waiting for public transport at bus stops. Accidents, the consequences of which are associated with injury and death.
Departures to pedestrian crossings or to roadsides located next to the road, and so on.

According to certain statistics, every year in Russian cities several tens of thousands of people die due to the fault of drivers, and even more are injured.

Dangerous traffic is the numerous illegal maneuvers on the roads that pose a danger not only to pedestrians, but also to other car drivers.

There are several options for actions taken by drivers when performing dangerous maneuvers. Here are some of the most common situations that will help determine what dangerous driving is:

sudden and unreasonable braking on the road;
violation of lateral distance;
creating obstacles to overtaking;
violating the distance from vehicles ahead;
an attempt to change lanes when the highway is seriously loaded in all its flows;
moving and changing lanes not according to traffic rules;
In the process of changing lanes, the driver does not yield to vehicles that have priority.

Due to all the extreme traffic options listed above, emergency situations arise that lead to injury or death of people - pedestrians, passengers and drivers.

If you move on the roads without following standard rules, there is a risk of causing serious damage to other people's cars, city buildings and road objects.

Fines for aggressive driving are imposed on those drivers of vehicles who violate the established rules several times over a relatively short period of time.

In modern legislation, the emphasis in the process of issuing a fine is precisely the established chronology of events. Dangerous driving is punishable under Article 12.38 of the Administrative Code.

In the European Union and Asia, situations with dangerous movements are not so critical. Drivers there are more responsible, which is why much fewer mistakes are included in the category of dangerous driving options.

This could be a standard undercut, the absence of a turn signal, or even a regular sound signal.

Who classifies dangerous movement and how?

Many modern drivers ask the question, who registers dangerous traffic according to traffic rules? Recording of cases related to dangerous traffic is carried out by the same organizations and services as ordinary emergency situations, in particular the traffic police.

In other words, if a traffic violation occurred on the road, regardless of the driver’s fault, the case will become the prerogative of the traffic police.

Traffic police officers have the right to compare the main facts of violation of the rules, as well as their general chronological order. Only a road service specialist can determine which maneuver is dangerous.

Professional and experienced traffic police officers will qualify dangerous driving options. The law on dangerous driving is planned to be supplemented and appropriate changes made.

Traffic police officers will decide whether the driver is guilty or not, in which cases dangerous driving was carried out one after another, and when the general chronology was violated. It is also within the competence of employees to decide whether or not to consider a particular violation dangerous.

Based on this, we can conclude that modern drivers have only two options - under no circumstances violate traffic rules or rely on the literacy and decency of traffic police officers.

Fixation of violation and fine

Many drivers are interested in how the fine will be recorded and the driver’s guilt will be proven..

Proof will require not only photographic evidence, but also a video of the recorded violation. Recordings from the DVR installed in the car must be taken into account.

Also, traffic police officers pay attention to the sequence of fixations to prove that dangerous maneuvers were performed several times in a row.

After receiving such evidence, the driver is automatically assigned a certain, legally established punishment and liability for dangerous driving.

Answering the question whether there is a fine for dangerous driving, it can be noted that a certain amount of money is provided as a monetary penalty. On average it is 5000 rubles.

This amount is indicated in the modern Code of the Russian Federation, which talks about special administrative offenses related to Article 12.38.

Many parliamentarians believe that penalties for dangerous driving will need to be slightly tougher. In special cases, it can be expressed in the confiscation of the driver’s license or in imprisonment for a period established by law.

Currently, the Code of Administrative Offenses provides for the opportunity to pay a fine with a 50% discount..

Such an official provision specifically regulates the established deadlines for payment - no more than 20 days should pass from the date when the decision on punishment was made.

Previously, it was also impossible to pay, since the fact of the offense was not entered into the traffic police information database. You need to wait until the fine takes effect.

Conclusion

The official website of the modern traffic police contains special video materials that explain to drivers what falls into the category of dangerous traffic and which movements fall under the updated legislative amendments.

Based on these materials, the driver will be able to understand and understand for himself how it is not recommended to behave on the highway, so as not to be fined a decent amount and not lose his license if the rules are repeatedly violated.

Video: The fine for dangerous driving has been established

Traffic police: there will still be a fine for dangerous driving

The term “dangerous driving” appeared in the traffic rules back in the summer of 2016, but a fine for reckless drivers has not yet been introduced. The head of the State Traffic Inspectorate, Mikhail Chernikov, said that the relevant amendments to the Code of Administrative Offenses have not been forgotten and are being considered by State Duma deputies.

It is well known that the State Duma, when it is really necessary, passes laws with lightning speed, but the law on a fine for dangerous driving was not included in the list of very necessary ones for unknown reasons. The term “dangerous driving” was introduced into the traffic rules on June 8, 2016, and on July 7 of the same year, the Ministry of Internal Affairs submitted to the State Duma a bill introducing a fine of 5,000 rubles for dangerous driving. So far, the relevant amendments to the Code of Administrative Offenses have been adopted only in the first reading, after which the document has hopelessly stalled. Relevant committees and departments proposed supplementing it with clauses on liability for identified repeated cases of dangerous driving - administrative arrest, deprivation of a driver's license for a period of two years to life, but they did not receive support, and so far the bill exists in its original form.

In today's interview with TASS, the head of the State Traffic Inspectorate, Mikhail Chernikov, said that the bill provides for a fine of 5,000 rubles for dangerous driving, and that the document is still being reviewed by deputies. It is unknown when it will be adopted—perhaps they want to coincide with its final approval in conjunction with a package of additional legislative measures aimed at taming reckless reckless drivers. So, in February of this year, the government proposed introducing an increasing coefficient when purchasing compulsory motor insurance for those who were accused of dangerous driving, but since the main law on compulsory motor liability insurance is also in the process of a protracted evolution, the amendments related to the coefficients for reckless drivers are still stuck.

Let us recall that the cumbersome official definition of the term “dangerous driving” is contained in paragraph 2.7 of the traffic rules, but since it is difficult to understand in this form, a special website dangerous driving.rf was launched for citizens who do not have a legal education, where it is clear, with pictures and videos show which aggressive maneuvers in the future may result in a fine of 5,000 rubles. Offenses that fall under the definition of “dangerous driving” are divided into six types with popular names: “Checkers” - repeated lane changes, “Nervyaki” - cutting off when changing lanes, “Toropygi” - failure to maintain a safe distance, “Beds” - failure to maintain a lateral interval, “Educators “—sharp braking in front of another vehicle, “Stubborn”—obstructing overtaking.

What is the punishment for dangerous driving in 2018-2019

The most common cause of accidents on the road is dangerous driving. The statistics are relentless: 90% of cases of aggressive driving are fatal. Given such a difficult situation, there is an urgent need to create an effective system at the legislative level that would prevent unreasonably harsh driving. In the current year 2018, various fines have been established for dangerous driving. In this publication, we will look in more detail at what is meant by dangerous driving and what the fine for dangerous driving is in 2018-2019.

Criteria for dangerous driving on the road

The cause of all kinds of road accidents is aggressive driving - everyone knows this. But how do accidents happen most often? According to statistics, we are talking about:

Collisions with pedestrians waiting at public transport stops (such accidents often involve not only injuries, but also deaths)
Traveling to the side of the road or to pedestrian crossings;
Collisions of varying severity with other cars.

In case of a dangerous maneuver, the driver has several options for action:

Sudden braking on the road for no apparent reason;
Sharp overtaking;
Violation of the safe distance between cars;
Moving a vehicle while changing lanes that does not comply with the rules;
Creating barriers to overtaking;
Attempts to change lanes in situations of heavy congestion on the route on all streams

Dangerous driving is often referred to as aggressive driving. The term “dangerous driving” itself was introduced into official use only in June 2016. This definition means the implementation by a person of all kinds of acts that entail the risk of death or injury to people, and also lead to material damage to individuals, public or private enterprises. The situation is significantly aggravated when dangerous acts are committed several times in a row and follow each other.

How is dangerous movement classified?

How exactly is dangerous movement recorded according to traffic regulations? The determination of cases directly related to dangerous traffic is carried out by the same services that deal with typical emergency situations. Among them is the traffic police. In other words, if a violation of traffic rules occurs on the road (it does not matter whether the driver is guilty or innocent), only the police can consider such a case.

Only a specialist can say which particular car maneuver poses an increased danger on the road. So drivers can either not violate traffic rules at all, or rely on the decency and literacy of traffic police officers.

Dangerous driving of a vehicle on the road creates several standard situations:

The so-called game of checkers is changing from row to row without order;
Braking without reason suddenly and sharply;
Row spacing - driving in the very center of the roadway along the road marking line;
Controlled skidding or drift.

Please note: dangerous driving is considered not just a violation of the rules, but the creation of a stressful situation on the road, if such a situation threatens life and is fraught with large property damage for all participants in the accident.

A special case is drunk driving. Please note: if extreme driving occurred while intoxicated, not only administrative liability in the form of a fine is provided, but also criminal liability.

The punishment for the driver depends on certain circumstances. Among these:

Refusal of a motorist to undergo a test for alcohol intoxication. The situation becomes especially complicated if the driver does not have a license.
Transferring control of a car to a person who is drunk.
Death of a person due to dangerous actions of an intoxicated driver.

Other special cases of violations include driving under the influence of drugs and repeated registration of driving under the influence of drugs or while intoxicated. For such violations, the driver is subject to criminal and administrative penalties. In addition, administrative measures are possible in the form of arrest, fine, deprivation of the right to drive a vehicle, as well as criminal punishment in the form of imprisonment and forced labor.

On fines and recording of all kinds of violations

The question of how exactly the fine will be recorded and then the driver’s guilt will be proven is always one of the most popular among motorists. Typically, videos from cameras on the roads are used as evidence, and recordings from the dash cams of other road users are also taken into account. Traffic police officers also pay attention to the sequence of events. This is important to prove the numerous and systematic nature of the dangerous maneuvers. If the above evidence has been obtained and confirmed, the driver will be punished as prescribed by law and liable for dangerous driving.

As a rule, a fine of 5,000 rubles (on average) is provided for dangerous driving. This amount is indicated in the Code of the Russian Federation. At the same time, deputies argue: it is extremely important to significantly tighten penalties for such violations. In special cases, withdrawal of rights and even imprisonment may well be necessary. But no changes have yet been made to the law on administrative offenses, which means that in 2019 the punishment for dangerous driving remains the same as it was before.

At the same time, a separate fine is provided for the driver’s failure to maintain distance as one of the types of dangerous driving. The fine is 1,500 rubles. In this case, you can avoid liability if the violations are not recorded in photos or videos.

The driver has the opportunity to pay the fine with a 50% discount. This possibility is established by the administrative code in case of prompt payment of the fine (no later than twenty days from the day the ruling was made). You can also challenge the decision by sending a complaint to a judicial authority or addressed to a higher official whose employee drew up the protocol.

About the most important

What evidence can you use to defend yourself and dispute a fine? First of all, the testimony of witnesses and the car registrator recording, which very clearly shows that the vehicle did not in any way violate the legally permitted distance to another car.

Is it possible to avoid severe sanctions? The answer is clear - just don’t create dangerous situations on the road, follow the traffic rules and under no circumstances allow an aggressive driving style, as it causes harm to absolutely everyone around you.

Dangerous driving in traffic rules in questions and answers

Dangerous driving [current-date:custom:Y]

Aggressive driving has never been welcomed by those in power, represented by traffic police officers. And in the summer of 2016, a corresponding ban appeared in the traffic rules. But there was no fine for dangerous driving for a very long time. What is the “ law on dangerous driving ”, how to avoid punishment for it in 2019, what article and paragraph of the Code of Administrative Offenses and Rules regulates it, and what is generally considered dangerous driving? Let's find out in order!

What is considered dangerous driving?

This term is discussed in sufficient detail in the corresponding paragraph 2.7 of the Traffic Rules. But due to the volume of the text, unfortunately, it did not become clear and definite.

So, dangerous driving is a combination of certain maneuvers that the driver performed more than once. Such maneuvers include:

changing lanes causing interference,
changing lanes during heavy traffic (even if an obstacle was not created, it will still be considered dangerous driving), if the maneuver is not made to turn or turn around, or to avoid an obstacle or stop,
failure to maintain distance,
non-compliance with the lateral interval,
if you brake sharply, and this was not required to avoid an accident,
if you prevented overtaking.

There are 2 important conditions under which all of the listed maneuvers fall under the term “dangerous driving”:

they must be committed repeatedly - and a combination of any two (even different) actions already constitutes dangerous driving,
such actions must entail a real risk of an accident, including the death or injury of people.

The official interpretation of the corresponding paragraph of the traffic rules is as follows:

2.7. The driver is prohibited from:

dangerous driving, expressed in the repeated performance of one or several consecutive actions, consisting of failure to comply with the requirement to give way to a vehicle using the right of way when changing lanes, changing lanes in heavy traffic when all lanes are occupied, except when turning left or right , turning, stopping or driving around an obstacle, failure to maintain a safe distance to the vehicle moving in front, failure to maintain a lateral interval, sudden braking, if such braking is not required to prevent an accident, obstruction of overtaking, if these actions resulted in the driver creating a situation in the process of traffic in which its movement and/or the movement of other road users in the same direction and at the same speed creates a threat of death or injury to people, damage to vehicles, structures, cargo or other material damage.

Thus, if you are in traffic more than once: you brake for no reason, change lanes causing interference, change lanes in heavy traffic when all lanes are occupied, interfere with overtaking, get too close to the car in front or drive too close to the side of another car , and thereby created the threat of an accident, then as of 2019, this is dangerous driving.

Typical examples of aggressive driving are cutting off another car or “stealing”, when you are ahead of/overtaken and then brake another car. This is what legislators most likely thought about when introducing this term into the traffic rules.

What doesn't count?

Certainly, the following situations and driver maneuvers according to the definition of the term cannot be considered aggressive driving:

changing lanes without the turn signals on,
turning from the second row (in cases where this is prohibited by the Rules),
“wobbling” from side to side within one’s lane (if there are markings),
failure to maintain a distance or lateral interval from a car standing in front/to the side (in a traffic jam, for example),
speeding, as well as accelerating too quickly from a traffic light,
drifting,
and any other maneuvers or traffic violations that are not expressly listed in the terms of clause 2.7.

What's the fine?

There is no fine for dangerous driving as of December 6, 2019. But it is being actively planned. Thus, a corresponding bill has already been developed to introduce a new fine for this violation into the Code of Administrative Offences. At the moment it has been adopted in the first reading.

This draft law involves the introduction of a new article into the Administrative Code - 12.38. All articles with a number starting with 12 are responsible for fines in the field of traffic and now the numbering goes up to 12.37.

This is what the new punishment will sound like:

Article 12.38. Dangerous driving

Dangerous driving is subject to an administrative fine of 5,000 rubles.

Thus, the fine for dangerous driving can be 5 thousand rubles. No further punishments are planned for this violation: no deprivation of rights, no administrative arrest, no additional punishments and enforcement measures in the form of evacuation to an impound lot, confiscation of something, etc.

At the moment, the draft fine for aggressive driving has been adopted in the first reading. He has 2 more readings ahead, within which he will be accepted or rejected. View the official text of the bill.

Will it be possible to get a fine for dangerous driving on camera?

No. Not only is nothing said about this in official sources yet, but auto-recording cameras are simply not capable of detecting such a technically complex violation in 2019. After all, let us remind you that in order to impose a punishment, 2 important conditions must be met:

each maneuver listed under dangerous driving conditions must be performed repeatedly within a short period of time,
such maneuvers should create a risk of an accident.

Moreover, the camera also cannot detect the fact that interference was created, because the interference must necessarily be accompanied by a change in the speed and/or trajectory of the person to whom it was created. Therefore, cameras will not be able to issue a fine for aggressive driving.

How can you get it?

Even a traffic police officer on the road will not be able to issue a fine for dangerous driving. But this does not mean at all that the ban is introduced only on paper, but in fact can be violated.

Here the situation is similar to many other violations that are difficult to detect, and the traffic police inspector on the road will only have the right to draw up a report. That is, if you discover dangerous driving, an employee will still stop you and initiate an administrative case. But he is not authorized to consider it. And only his boss has the right to do this.

Thus, the procedure for a traffic police officer on the road will look like this:

the inspector sees that you repeatedly violate traffic rules with aggressive maneuvers (for example, you first changed lanes, creating an obstacle, and then cut off),
stops you and draws up administrative material - a protocol; the protocol initiates a case of an administrative offense, which includes all the circumstances related to the violation, as well as your full name, inspector data, place, date and time of the violation, place, date and time of consideration of the case, your explanations,
Next, the inspector will tell you. sends you on your way with a copy of the protocol handed to you, which indicates the place, date and time of consideration of your traffic violation and to which you are required to appear,
a copy of the protocol that remains with the employee is transferred to his immediate superior,
the boss decides at the hearing at the appointed time, in your presence or absence, whether to make a decision or not,
if a decision is made to make a decision (this is an already imposed fine for dangerous driving), then a copy of it is given to you or sent by mail if you did not show up for the review.

What are the criteria for dangerous driving?

Although the official text of the traffic rules contains clear criteria for violating the rules, many facts remain unclear regarding aggressive driving:

How much time must pass between two violations for it to add up to dangerous driving: 5 seconds, a minute, a day, a month? The law does not answer this question.
Does the inspector have to prove dangerous driving and how? We will look at this issue in more detail below.
What is considered heavy traffic when you cannot change lanes? The 2019 legislation does not contain any criteria for such intensity, or even a definition. Moreover, the driver can always say that he was about to turn or turn around, and then this is no longer a violation.
What is safe distance and lateral spacing? The traffic rules do not answer the question “how many meters should you measure?”, just as there is no definition of safe distance. There is only a precedent for these concepts - if there is no accident, then they are safe.
And the main thing is the presence of such a condition as the threat of an accident. How should we understand it? If there was no accident, does that mean it is not dangerous driving?

Unfortunately, the answer to many of the above questions is not in favor of the driver. As the Code of Administrative Offenses states, the one who considers the case makes a decision based on his personal conviction. If the inspector thought that the traffic was heavy - a fine; if he didn’t believe that you were changing lanes to turn around - a fine; if he considered the lateral interval unsafe - again a fine.

Fine for dangerous and aggressive driving on the road in 2018 in the Russian Federation

In Russia, the introduction into use at the legal level of the concept of “dangerous driving” was perceived by the majority of drivers with obvious negativity. It is worth noting that this practice has already taken place in a number of states. The most severe punishment for this style of driving has been introduced in the UK, where violators face a fine of 5,000 pounds (in case of death, the penalty is established in court). What has changed for Russians? Let's take a closer look.

Fine for aggressive driving

The term “dangerous driving” was recently introduced into the traffic rules; until June 8, 2016, it was not used in the codes of law. However, according to Decree of the Government of the Russian Federation N 477 of May 30, 2016, a paragraph has been added to clause 2.7 of the Rules, noting that drivers are prohibited

“dangerous driving, expressed in repeated performance of one or several subsequent actions, consisting of failure to comply with the requirement to give way to a vehicle using the right of way when changing lanes, changing lanes in heavy traffic when all lanes are occupied, except when turning left or to the right, turning, stopping or going around an obstacle, failure to maintain a safe distance to the vehicle moving in front, failure to maintain a lateral interval, sudden braking, if such braking is not required to prevent a traffic accident, obstruction of overtaking, if these actions entailed the creation of a driver in the process of traffic a situation in which its movement and (or) the movement of other road users in the same direction and at the same speed creates a threat of death or injury to people, damage to vehicles, structures, cargo or other material damage.”

Drivers only recently learned about the size of the fine for dangerous driving in the Russian Federation in 2018 - Article 12.38, which regulates the punishment for this violation, was included in the Code of Administrative Offenses of the Russian Federation on the basis of the Federal Law “On Amendments to the Code of the Russian Federation on Administrative Offenses in part of establishing administrative liability for dangerous driving.” As a result of consideration of the bill, parliamentarians approved the proposed option of punishing drivers - 5,000 rubles.

Few doubted that a fine for aggressive driving would still be introduced in 2018. However, some aspects of the law remained controversial, despite the fact that the Duma promised to make adjustments to the text of the Administrative Code.

So, for example, in paragraph 3 of Art. 12.24 of the Code, by the time the amendments were adopted, the administrative responsibility of drivers who did not give way to a vehicle having the right of way had already been outlined:

A similar situation arose with changing lanes when all lanes were occupied. This aspect of road traffic was regulated by Part 1 of Art. 12.15:

Thus, the rule on dangerous driving duplicates existing articles, but with the difference that it is characterized by repeated violation of the rules. At the same time, according to the law, State Traffic Inspectorate employees will not have to prove multiple violations. The same practice applies that is used today, for example, when drawing up a protocol for driving through a red light. Neither witnesses nor camera footage are required here, since there is no reason not to trust the inspector.

Fine for creating an emergency on the road

It is worth noting that the introduction of a fine for extreme driving pursued good goals - reducing the number of accidents leading to death or injury, as well as damage to property. The very concept introduced into the Rules focuses attention on the fact that “dangerous driving” occurs only if the driver’s actions:

“resulted in the creation by the driver in the process of road traffic of a situation in which his movement and (or) the movement of other road users in the same direction and at the same speed creates a threat of death or injury to people, damage to vehicles, structures, cargo or other material damage damage."

What actions of drivers can be considered as potentially dangerous to others? If we read the definition itself, we will find in it several situations typical for our roads:

“checkers” (changes made several times in a row);
“nervous” (aggressive lane changes, interfering with the cars in front);
“hurry” (choosing a distance between cars that does not meet safety requirements);
“beds” (non-compliance with rows);
“educators” (sharp braking with the threat of a collision with a vehicle behind or ahead);
“obstinacy” (increasing speed in order to not allow oneself to be overtaken when another car has already begun the maneuver).

Thus, the new article includes punishment for repeated (that is, traffic rules must be violated at least twice) neglect of paragraphs. 8.4, 9.4, 9.10, 10.5, 11.3 Traffic Rules.

Please note that the fine for dangerous driving in 2018 is issued not by the inspector himself, but by the head of the department based on a report drawn up on the road. In this situation, perhaps the only chance to prove your innocence is to be able to convince the inspector that the maneuver was performed with the aim of preventing an accident. If you are sure that the maneuvers were forced and cannot be qualified under the new article of the Administrative Code, we recommend that you contact lawyers who will help you collect evidence of your innocence and build a competent line of defense when challenging the punishment.