Punishment for creating an emergency situation on the road

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.

What is the penalty for creating an emergency situation on the road resulting in an accident?

Many drivers, especially those who live in cities with busy and dense traffic, often encounter violations of traffic rules (traffic rules): “cutting off”, failure to give priority to traffic. An emergency situation is being created on the road; the fine for provoking a road traffic accident (RTA) has long been provided for by law. How and for what actions are motorists punished?

Dangerous driving

In fact, an emergency situation is created when a motorist does not adhere to traffic rules, which are designed to ensure the safest possible movement on the roadway for both motorists, motorists and pedestrians.

The actions that lead to it are called “dangerous driving.” This term was legalized relatively recently; it is intended to help conscientious drivers defend their interests before traffic police officers or in court if any charges are laid against them, and to pacify those who are not used to using traffic rules.

The following will describe situations that equate to dangerous driving.

Failure to maintain distance. The traffic rules establish the minimum permitted distance at which vehicles (vehicles) can move. At the same time, we must not forget about such factors as weather conditions, visibility conditions and time of day. For example, in icy conditions - even during daylight hours - it is better to increase the distance in order to have time to react correctly in case of emergency braking of a moving vehicle in front or when crossing an intersection, when not all road users have time to brake to give way.
Inappropriate use of emergency braking. The traffic rules clearly state that emergency braking can only be used to prevent an accident. In other cases, the traffic police officer may equate such an action to dangerous driving.
Unreasonable frequent changes from lane to lane. The chances of equating this action to dangerous driving increase significantly if it occurs in a dense stream of moving vehicles, when all lanes are occupied.
Unreasonably driving at too low a speed. Sometimes there are drivers who move in front, but at a speed lower than the speed of the general flow. In this case, other drivers (if this is not prohibited by the rules) begin to overtake them. The latter notice this and deliberately speed up so as not to let the vehicle pass. This is also considered dangerous driving.
Failure to provide traffic priority to those vehicles that have priority, according to traffic regulations.

If the actions of a driver committing one of the above points are somehow recorded, then he can be safely held accountable for dangerous driving with only one limitation: he must perform these actions repeatedly, and not just once.

Moreover, recording traffic violations can be done not only by employees of the State Traffic Inspectorate (SAI), but also by drivers of other vehicles.

Although, it is the traffic policeman who decides who is to blame.

Fine for dangerous driving

The fine for creating an emergency situation (specifically for dangerous driving) is currently 5,000 rubles.

It is interesting that the punishment for dangerous driving could not be approved at the legislative level for a long time. First, a fairly high fine was established, then a low one. And even now that the law on dangerous driving has come into force, the punishment or conditions for its presentation may change. As a result, it is recommended to regularly familiarize yourself with updates to this or that article of the Code of Administrative Offenses of Russia. This will help avoid traffic violations.

By the way, another punishment for dangerous driving is still being considered:

deprivation of a driver's license;
criminal prosecution.

Who knows, perhaps such a punishment will soon be legalized.

Once the fine comes into force, it can only be repaid within one month in the amount of only half of the total amount. At the same time, fines for individual offenses (dangerous driving - rather, complex) are much less (for changing lanes in violation of traffic rules, the fine is only 500 rubles).

But even despite this, you should never violate traffic rules: it’s good if the driver’s incorrect actions do not lead to an accident; it’s not so bad if only vehicles or other material objects are damaged in an accident; It’s terrible if people get hurt or even killed as a result of an accident.

A fine for dangerous driving can be contested. This must be done no later than 10 days after the charge comes into force. Is it difficult to do? Yes, if the situation is objectively indisputable: guilt is obvious and recorded. No, if a deliberate violation of traffic rules and the creation of an emergency situation is not so obvious (it is important to get a good lawyer).

The fact that the interpretation of the law on dangerous driving has not yet been fully established can also play into its hands. Therefore, if traffic police officers do not have enough facts to bring charges, you can safely challenge their verdict.

The rights of citizens in such matters are protected in a judicial institution.

Punishment for causing an accident

If, nevertheless, the accident develops into an accident, then the guilty party of the incident faces three types of liability:

The first always occurs, since it is of a material nature: the culprit of the accident is always obliged to compensate for material damage, which cannot but be caused in any accident involving even one vehicle. Moreover, the court may impose additional compensation on the culprit of the accident and additional compensation to the victims. For example, if a certain type of income of the injured party is lost (the victim earned his living by driving, but as a result of an accident he can no longer drive a vehicle).

The second occurs if the culprit was able to cause minor health damage to the injured party. Then they may be deprived of their license (up to three years), or arrested (up to fifteen days), or sent to compulsory labor (up to two hundred hours), or issued a fine, the amount of which varies.

Fine for an accident - what is the responsibility for the culprit of the accident in 2019

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Road accidents are, unfortunately, a common occurrence. Therefore, every motorist needs to know the laws regarding road accidents, what punishment he faces, what the fine is if he gets into an accident and is at fault. Liability measures for road accidents depend on the severity of the violation that provoked the collision and the severity of the consequences. If people were seriously injured in a disaster (even to the point of death), then the penalties are regulated by the Criminal Code (CC) of the Russian Federation. If there were no fatalities, then liability is considered by the Code of Administrative Offenses (CAO) of the Russian Federation.

Fine for an accident to the culprit of the accident in 2019

The guilty citizen bears the burden of three types of liability in an accident:

civil. This means that the perpetrator must compensate the victim for the harm caused. This obligation is spelled out in Art. 1064 of the Civil Code (Civil Code) of the Russian Federation: “Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.” Compensation is carried out either by the insurance company (IC) of the culprit, or by the citizen himself;
administrative. It is assumed that the culprit must pay for the traffic violation that caused the car accident. Punishment for road accidents is regulated by Chapter 12 of the Code of Administrative Offenses. Depending on the seriousness of the violation committed, the culprit may be charged with:
1. Penalties up to 30 thousand rubles;
2. Ban on driving a vehicle (vehicle) for up to 2 years;
3. Arrest up to 15 days;
4. Correctional work up to 200 hours.

criminal This liability is imposed if people are seriously injured or killed as a result of a car accident. Maximum liability under the Criminal Code is 9 years in prison.

Thus, a fine for an administrative offense (up to 30,000 rubles based on the severity of the offense), paid to the state treasury, does not annul penalties in the context of civil and criminal liability.

Fine for failure to maintain distance in an accident

Failure to maintain a certain interval between vehicles when driving is the most common cause of accidents. The traffic rules (clause 9.10) prescribe: “The driver must maintain such a distance to the vehicle moving in front that would allow him to avoid a collision, as well as the necessary lateral interval to ensure traffic safety.” In this case, the condition must be met: both cars must move. If one of the vehicles is standing, then the provision on maintaining distance loses all meaning. As a rule, when driving forward, the citizen driving the car behind is at fault for the collision. What is the fine for violators for road accidents where the distance is not maintained? According to Art. 12.15 (part 1) of the Code of Administrative Offenses, this penalty is 1,500 rubles.

Fine for creating an emergency on the road

An emergency situation on the road can be triggered by any failure to comply with traffic rules. Let's consider the most common offenses and the traffic police fines applied to them for the owner of the vehicle:

What are the dangers of an accident when driving in reverse? Drivers use reversing for parking, leaving a parking lot, and when making a U-turn. Reversing is prohibited :

at a crossroads;
in a tunnel, on a bridge, overpass;
at a pedestrian crossing;
on highways and main roads;
within and in front of railway crossings;
at public transport stops;
in areas with poor visibility.

The punishment depends directly on the nature of the violation committed and the consequences. Thus:

moving on the highway in reverse will cost the driver 2,500 rubles;
Such a maneuver at a railway crossing will result in deprivation of rights for six months or a fine of 5,000 rubles.

Fine for not having a warning triangle

Every vehicle must have an emergency sign. This is prescribed by the traffic rules in the list of conditions under which the vehicle is prohibited from operating, in clause 7.7. This sign is intended to warn road users about the source of danger on the roadway. After an accident, the vehicles involved in the accident become such. What happens if you don’t put up a warning triangle? The absence of a sign, according to Ch. 12.5 of the Administrative Code (Part 1), punishable by payment of 500 rubles. If the driver has this sign, but was not placed on the road during the accident, then the punishment, according to Art. 12.27 (part 1) Code of Administrative Offenses - 1000 rubles.

Criminal liability

A criminal case under an article of the Criminal Code of the Russian Federation is initiated if people were injured in a disaster. In this case, their health was seriously damaged or one or more people died. Liability for such a car accident is regulated by Art. 264 of the Criminal Code and is being investigated by an accident investigator. If, as a result of a road incident, damage to health was caused, then the culprit (Part 1 of Article 264 of the Criminal Code): “... is punishable by restriction of freedom for up to three years or forced labor for up to two years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.” If the citizen who was driving at the time of the traffic accident was drunk, then the prison sentence increases to 4 years . In the event of the death of the victim, the culprit, according to Part 3 of Art. 264 of the Criminal Code: “... is punishable by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years".

Who is responsible for the accident: the owner or the driver

Russian legislation in terms of prosecution for offenses is based on the principle of the presumption of innocence. This means that a citizen must be held accountable only for those offenses for which guilt has been proven. This is stated in section 1.5 (part 1) of the Code of Administrative Offenses: “A person is subject to administrative liability only for those administrative offenses for which his guilt has been established.” Consequently, if the fault of the citizen who was driving the vehicle at the time of the collision is proven in the incident, then this citizen is responsible for the accident. It does not matter whether this person is the owner of the vehicle, a driver authorized to drive it, or a person who has taken possession of the vehicle without the knowledge of the owner. The owner of the car is not liable for an accident committed by another person.

What happens if you get into an accident without a license?

If a citizen, while driving a car without a driver's license (VL), becomes a participant in a road incident, then the extent of responsibility will depend on whether he is the guilty party or the victim. Let's consider both options.

A citizen without rights is an injured party. In this case, he will be charged under Ch. 12.3 (part 2) of the Administrative Code: “Driving a vehicle by a driver who does not have documents with him for the right to drive it ... entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.” A fine of up to 15,000 rubles if the citizen does not have a driver’s license in principle (Article 12.7, Part 1 of the Administrative Code). The consequences of an accident with an expired license are a fine of up to 30,000 rubles, and also if the person was previously deprived of a driver’s license (Article 12.7, Part 2 of the Administrative Code).
Cause of an accident without a license. This scenario involves imputation of guilt according to the following legal norms:
- compensation for damage (Article 1064 of the Civil Code);
- administrative liability for violation of traffic rules resulting in a collision (Chapter 12 of the Administrative Code);
- criminal punishment if serious damage to health is caused or in the event of the death of the victim (Article 264 of the Criminal Code);
- penalties described in the previous paragraph for the injured driver.

Deprivation of rights for an accident

Deprivation of a driver's license from a citizen guilty of an accident is an administrative measure that makes it possible to punish the guilty person for an offense without limiting his freedom. In what cases are rights deprived? Confiscation of a driving license is possible for the following violations that caused a traffic incident:

driving a vehicle while drunk;
driving towards cars moving on a one-way road;
speeding by more than 60 km/h;
failure to give way to vehicles with special signals.

All of the above situations are described in Chapter. 12 Code of Administrative Offences. In addition to the above reasons, driving license can also be deprived in the event of an accident for repeated failure to comply with traffic rules, the primary violation of which is punishable only by an administrative fine.

Dangerous driving: what is the fine for creating an emergency on the road?

Every driver almost daily encounters rudeness emanating from single-road drivers.” Always rushing somewhere, reckless drivers make dangerous maneuvers, chase, cut off and, most importantly, create an emergency situation on the road. Moreover, they themselves may not get into an accident, but it’s easy to set up their neighbors along the road.

Due to the huge number of complaints from drivers who got into trouble due to the fault of another person, the legislation decided to supplement the Code of Administrative Offenses with a new fine. Aggressive driving - there is a fine or other punishment for this, and what it actually is, you will learn in this article.

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Dangerous driving

There are a huge number of videos on the Internet in which you can watch a boor playing checkers cutting off a car walking nearby, which is forced to apply emergency braking . Also, not everyone can quickly figure out what is happening, so an “accordion” of cars crashing into each other is formed. Upset people count their losses, and the culprit is not the culprit at all. His car is intact, he didn’t hit anyone, which means there’s no demand from him. But it was like that before.

The recently introduced term “dangerous driving” allowed conscientious drivers to have the opportunity to challenge the charges brought against them as a result of an accident. And the “dangerous driving” article pacified the reckless drivers a little.

Dangerous driving is considered dangerous when it creates a threat to other road users . To record such a violation, it will be sufficient to confirm the presence of one of the following points:

The driver does not maintain a safe distance . The traffic rules stipulate a minimum distance, but you also need to take into account the condition of the road, time of day and weather conditions. At a speed of 80 km/h, driving 4 meters from the car in front in icy conditions is, to say the least, unreasonable.
Using emergency braking in situations where this is not permitted by traffic regulations. Let us remind you that resorting to this method of stopping is only permissible in order to prevent a traffic accident .
“Throwing” from lane to lane , especially when all lanes are occupied, will also be a reason to fine the vehicle owner.
Often on the highways you can encounter a situation in which the car in front is driving slower than the flow , or below the permissible speed. It is logical that any driver will overtake (where it is allowed). But, suddenly, the slow driver begins to deliberately accelerate and not allow himself to be overtaken . Not only may a conscientious driver not have enough time to return to his lane before the sign prohibiting overtaking, but also staying in the oncoming lane for too long cannot be called safe. Such stubborn people will also be fined.
Drivers who do not consider it necessary to give way to vehicles that have the right of way when changing lanes will also be punished by law.

Of course, if the driver once changed lanes too sharply or “automatically” pressed the brakes, he is unlikely to be punished under this article. But the systematic repetition of the same actions, which, by the way, can be recorded not only by traffic police officers, but also by neighboring drivers, is fraught with fines, and not small ones.

Only a traffic police officer can decide whether you are guilty or not.

It took a long time for the fine for dangerous driving to be approved. There were many meetings at which he either became larger or, on the contrary, smaller. Due to the fact that “dangerous driving” is a very young concept and has not been legalized for long, many changes are still planned to be made to it. Therefore, we recommend that you always check for updates to the Code of Administrative Offenses and avoid violations “out of ignorance.” Ignorance of the law is not an excuse!

We have already mentioned that only a state traffic inspector has the right . In order to make a fair verdict, he will need to familiarize himself with the recordings of video recording cameras (preferably, there should be several of them), with photographs, if any, and also, possibly, interview witnesses and make sure that emergency driving took place. It should be borne in mind that a fine for aggressive driving will be issued to the driver only in case of numerous repetitions of unsafe actions.

At the moment, the established and fixed amount of the fine is five thousand rubles . Do not forget that within a month from the moment the fine comes into force, you can pay it with a 50% discount . Agree, there is a reason to drive more carefully. Let us remind you that the fines for individual violations listed in the first chapter are significantly lower. For example, for violating the rules of changing lanes, you will only need to pay 500 rubles.

A tougher fine, including deprivation of rights and criminal prosecution, is now being considered.

Evading a fine

As with any other fine, you can justify yourself from unsafe driving . It is worth remembering that an appeal must be started no later than 10 days from the date the accusation was recorded.

Due to the fact that the interpretation of the law is still quite “raw”, you can drop the charges quite easily, but only if the representatives of the order, in your opinion, do not have enough evidence, and the witnesses cannot confirm it.

In any case, if you think you are right, defend your position by going to court. Lawyers who are well acquainted with all the nuances of the law and will certainly help you will help you win the process.

Conclusion

Remember that the road is a place of increased danger. Don't forget that there are other people on the roadway besides you, and their safety is no less important than yours.

Aggressive driving can cause serious injuries, huge financial costs, and even someone's life. Be careful to use seat belts both for your protection and for the child in the car.

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Liability, fine for road accidents and for creating an emergency situation

One of the undesirable phenomena on the road is road traffic accidents, and their prevention and prevention is the main task of the Road Traffic Regulations. Accidents can have quite serious consequences, and therefore the culprit of an accident always receives strict punishment in accordance with the Civil Code. Moreover, the punishment can be both administrative and criminal. Let's consider what liability awaits the violator and what the fine is for an accident.

Types of liability for road accidents

According to the legislation, the culprit faces punishment for an accident in the form of:

1, Civil liability . It is also material, which is compensated by the culprit to the victim in any case. This is due to the fact that material losses during any road accident are inevitable, and here we can mention both material damage and moral and physical damage. Additionally, other compensation may be paid in favor of the victim, related, for example, to the lost earnings of the injured party.

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2. Administrative responsibility . It is awarded to the culprit of an accident if the victims received only minor injuries, but severe injuries or death were avoided. For this type of liability, there are several types of punishment:

deprivation of a driver's license for up to 3 years;
administrative arrest for up to 15 days;
community service up to 200 hours;
administrative fine - the amount depends on the type of violation.

3. Criminal liability . It is used in cases where the actions of the person responsible for the accident resulted in severe bodily injury to the victim or death. For such situations, severe methods of punishment are used:

forced labor for up to 5 years;
restriction of freedom for up to 3 years - restriction of movement and freedom in certain actions;
imprisonment for up to 9 years - imprisonment;
deprivation of rights for up to 3 years.

Criminal and administrative penalties are strictly individual and only apply to the person responsible for the accident.
Civil liability applies to all persons. This condition applies in cases where the car was transferred to the person responsible for the accident by proxy or is owned by a legal entity.

The culprit can be punished for an accident with either only civil or combined liability.

Administrative punishment for the culprit for actions in an accident

According to the Code of Administrative Offences, additional penalties are applied to the culprit of a traffic accident; for behavior after an accident, some of the most severe are:

fled the scene - administrative arrest for 15 days or deprivation of rights from 12 to 18 months;
giving a bribe to a traffic police officer - from a fine of 15-30 times the bribe received to a fine of 70 times the bribe received and imprisonment for 7-12 years;
violation of the rules of leaving a vehicle at the scene of an accident without changes until the arrival of a traffic police officer - an administrative fine of 1000 rubles;
failure to provide first aid to victims - from a fine of less than 40 thousand rubles to imprisonment for up to 1 year;
committing an accident while under the influence of alcohol, psychotropic or drugs is punishable by a fine of up to 30,000 rubles and deprivation of a driver’s license for 2 years.

Fines for road accidents

Let's consider the most frequent and severe fines for road accidents provided for violators. The amounts of all fines can be found in the table of fines.

Provoking an emergency

Fine for creating an emergency on the road (Article 12.14 of the Code of Administrative Offenses of the Russian Federation) - warning or fine of 500 rubles

Road accident with victims

minor harm to health: fine 2500 - 5000 rubles;
average harm to health: fine 25,000 - 30,000 rubles and deprivation of rights for 12 - 18 months;
serious harm to health: from a fine of 2,500 rubles to, deprivation of a driver’s license and imprisonment for up to 7 years.

Failure to keep distance

The fine for failure to keep the distance is 1,500 rubles (Article 12.15 of the Code of Administrative Offenses of the Russian Federation).

Failure to comply with road markings and traffic signs

Amount of punishment for ignoring traffic rules when driving along the road lane and making turns, U-turns and other maneuvers:

driving along the dividing marking line - a fine of 500 rubles;
failure to turn on the turn signal when changing lanes or other maneuver - a fine of 500 rubles;
making a turn or U-turn from a lane not intended for this maneuver - a fine of 1,500 rubles;
driving in a bus lane - fine 1500 - 3000 rubles;
driving on bicycle and pedestrian paths - fine 2,500 rubles;
overtaking a vehicle through a continuous road - a fine of 5,000 rubles or deprivation of rights for up to 6 months.