Failure to comply with traffic rules fine

Current punishments and fines for failure to maintain distance. Advice from a lawyer on how to behave.

Failure to maintain the distance between vehicles when moving and stopping is one of the most common traffic violations, and it seems that the most obvious driver’s guilt is that whoever is “behind” is wrong.

But not everything is so simple and the fault can be both mutual and that of the driver in front. Points of traffic rules, articles of the Administrative Code and the amount of the fine for violation are in this article.

A few lines about side spacing . The correct interpretation of the law and competent behavior after the incident will help preserve your nerves, wallet and your impeccable reputation.

○ Failure to maintain distance – law and practice.

What we call non-compliance with distance, in the language of the law, namely the traffic rules, sounds like this: clause 9.10.

“The driver must maintain such a distance from the vehicle in front that would allow him to avoid a collision, as well as the necessary lateral interval to ensure traffic safety.”

Three lines contain a huge number of incidents, many of which end in accidents and tragedy.

The violation poses a particular danger to motorcyclists and scooter drivers. The deceptive ease of changing lanes and cutting off heavier vehicles makes you forget that the protection of the owners of these vehicles is completely different.

But the law is the same for everyone. Essentially, Article 9.10 only applies to those in the flow of traffic. Entering a parked or standing car on the side of the road is subject to another article. Sometimes the inspector adds traffic rules clause 10.1 to this article.

“The driver must drive the vehicle at a speed not exceeding the established limit, taking into account the intensity of traffic, the characteristics and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of travel. The speed must provide the driver with the ability to constantly control..... If a danger to traffic arises... he must take possible measures to reduce the speed until the vehicle stops.”

✔ Examples of violations and consequences.

Situation one.

A car pulls out from the side of the road and abruptly fits into the moving lane, which is called “end-to-end”. With slight braking, another traffic participant enters it, not having time to react to the sudden “integration” and the immediately subsequent braking or reduction in the speed of the flow. Here the blame falls on the one who did not give way, did not take into account the distance, was not convinced of the safety of the maneuver and drove onto the road.

Situation two.

Country road, main road with good traffic. Cars are moving in traffic and suddenly one of them stops to turn into a secondary lane crossing the oncoming traffic. The person following her smoothly drives into her bumper, because she did not see the burning “stops” and did not react to the stop in time.

Upon arrival of the traffic police, the owner of the car claims that the car is in good working order and the rear lights worked until they were damaged in a collision. However, when viewing the data from the car recorder, it turns out that the brake lights of the stopped car did not work when braking.

Let's skip the emotional explanations between vehicle owners and leave only the fact that a working recording device often helps to restore an objective picture of what happened - but, in this case, does not justify the one who did not have time to react to the sudden stop of the vehicle in front. Paragraphs 9.10 and 10.1 - must maintain the distance, lateral intervals and reduce speed until the vehicle stops.

○ Amount of fine.

An easy task for a traffic police inspector. How many rubles of a fine will the violator in situation No. 2 pay? Answer: violation of 9.10 is estimated at one and a half thousand rubles. We quote Code of Administrative Offenses 12.15 part 1:

“Violation of the correct position of the car on the roadway, failure to maintain lateral distance, driving along the side of the road, at an oncoming crossing, crossing a pedestrian or transport column entails the issuance of an administrative fine of 1,500 rubles.”

If payment is inevitable, remember the speed of repayment of the fine - payment within 20 days reduces the amount of the fine by half. There is also a 10-day period for appealing the decision by filing a claim to cancel the administrative penalty in the form of a fine imposed by a representative of the traffic police.

○ Lawyer's advice: how to prove innocence?

Continuing the topic of appeal, it must be said that judges (with the support of the decisions of the Supreme Court) objectively consider such cases and, with a correctly drawn up application, selected evidence - diagrams, maps, witness statements and video recordings, often side with the plaintiff.

Experienced lawyers advise:

Do not neglect any possible ways to restore the controversial picture of the incident. Even at the stage of consideration of an accident by a road inspector or emergency commissioner, draw their attention to points indicating that the violation of the distance or lateral interval was forced and did not occur through your fault.
Insist on entering this information into the protocol, or when signing the contract, indicate that you do not agree with the interpretation of the violation.

The above will allow you to cancel the violation or reclassify it into a milder violation, for example, clause 10.1 of the Traffic Rules.

The ban on dangerous driving has come into force.
Watch the news release on the RBC channel. Dangerous driving includes frequent lane changes during heavy traffic, failure to maintain a safe distance, and unreasonably sharp braking.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Fine for failure to maintain distance - what is the point of the traffic rules and who is to blame for the accident

Every car owner is well acquainted with the traffic rules and penalties, however, in recent years, the traffic police have very actively begun to change fines for violations and rebuild everything at their own request, as a result, only ordinary drivers suffer. Even a minor violation can result in a person being punished for a substantial amount.

Failure to keep the distance in traffic rules 9.10 and 10.1 when driving is a fairly minor violation, which very often becomes the cause of an accident; therefore, several years ago a law was introduced that provides for financial punishment for a short distance. Moreover, punishment follows in extremely rare cases.

When is a fine issued for failure to maintain distance?

The violation itself is very difficult to record in motion, since video cameras on the roads have too low a frame rate to allow one to carefully see the distance. However, violation poses a huge risk of accidents.

A fine for failure to maintain a distance under this article is imposed only after a collision with the driver of another car in motion . Accidents of this kind occur near traffic lights, pedestrian crossings, when traffic jams occur on city roads, etc. This violation is recorded on 2 points:

10.1 – incorrect selection of driving speed
9.10 – failure to maintain distance

Excerpt from traffic rules. 9.10. The driver is required to maintain such a distance to the vehicle in front that it allows a collision to be avoided without incident, including the necessary lateral clearance that can ensure safe driving on the road.

Excerpt from traffic rules. 10.1. The driver is obliged to drive the vehicle at a speed that will not exceed the established limit, while it is necessary to take into account the intensity of traffic on the road, the condition of the vehicle and various features (load, meteorological conditions, visibility and other road problems that interfere with full movement). The speed of the car should allow the driver to react without consequences in the event of emergency braking of the vehicle in front. If danger arises while driving, the driver must take all measures to reduce speed, up to and including stopping the vehicle completely.

When can a fine not be imposed?

A fine cannot be issued by the traffic police if there was no accident or additional markings where the distance between cars is visible, recorded in the photo, which in itself is very difficult for one person to accomplish in a short period of time.

In case of an accident, a fine for failure to maintain a distance is not issued if one of the cars is parked and not in motion.

Important. A fine for failure to keep the distance is issued only if 2 cars are in motion!

Example of non-compliance with distance

Let's say you are driving behind a car that suddenly decided to brake, without warning signs that it was about to make a maneuver. There is no photo or video recording. You don't have time to react and crash into the car in front. If there are no witnesses, you will be the culprit, since you did not calculate the distance for safe driving in case of emergency braking of the car in front.

Although, even in such cases, witnesses and even video footage may not save you. It all depends on the integrity of the traffic police, who are ready to understand the situation and the second driver, who is ready to talk.

Important. In this situation, the car behind is always found guilty if there is no evidence of the guilt of the first one.

Common conflict situations

The same situation can be attributed to the very common option with tinted rear brake lights . If you crashed into a car driving in front of you because you didn’t see the signals under the tint, you will still be the culprit. As revenge on the real culprit, you can demand a fine for tinting, but no more.

Riding on the studded tires of the person in front also does not relieve you of responsibility. However, as practice shows, if it is proven that the first person has not changed his shoes and there is no “studded tires” sign , in court proceedings the fine for failure to keep the distance is often divided between both parties by 750 rubles . If there is a sign, then the blame is entirely on you. It is also worth noting that the absence of a “studded tire” sign is not a violation, but in rare cases it will help to avoid punishment or mitigate it.

Amount of fine in 2019

The penalty for violating the distance is a fine of 1,500 rubles , as specified in Article 12.15 of the Code of Administrative Offenses, Part 1:

Violation of the correct position of the car on the roadway, failure to maintain lateral distance, driving along the side of the road, at an oncoming crossing, crossing a pedestrian or transport column entails an administrative fine of 1,500 rubles.

What is the fine for an accident for failure to maintain distance between vehicles in 2019?

An indispensable condition for reducing the number of accidents on the roads is that drivers comply with the established rules: violation of them leads to the imposition of administrative fines on those responsible, including for failure to maintain a distance.

Distance between two moving vehicles

Distance is the distance between two cars following each other in the same direction. The law does not establish exact criteria by which it can be established what the safe distance should be between vehicles moving in the same direction.

It is set by the drivers themselves, taking into account the following factors:

type of vehicle. You should know that a passenger car will need less time (2 seconds) to brake than a truck (5 seconds);
its power and braking speed;
quality of road surface;
weather conditions on the day of the accident. In winter, when there is ice, the distance should be greater. A large distance between vehicles in poor visibility will reduce the number of accidents;

the speed at which the car was traveling. High vehicle speed implies an increase in the distance between cars. On the highway it should be at least 30 meters; in a populated area, at a speed of no more than 40 km per hour, maintaining a distance of 3 meters is enough. Those drivers who do not have sufficient driving experience try to protect themselves by driving at a distance of about 10 m from the vehicle in front. You shouldn’t do this, because this gap is enough for the car following you to overtake, and thereby sharply reduce the distance between moving cars;
rubber quality. If it is worn out, the distance should also be increased. When driving on difficult roads with a lot of turns and bends, on bridges, ice crossings and pontoons, pay attention to the “Minimum distance limit” sign. It indicates the minimum permissible distance between cars on a given section of the road.

Responsibility for failure to maintain distance

Violation of the above requirements means failure to maintain distance. An administrative fine in this case is inevitable. This also means that drivers maintain a lateral distance, for example, when overtaking or leaving a parking lot. If two cars following each other are too close to each other, they may collide, for example if the first car brakes suddenly. In this case, if the distance is not maintained, the second car may run into it. Its driver must avoid a collision by maintaining the optimal distance between his car and the one in front (clause 9.10 of the traffic rules).

The payer may reduce the amount of the fine due. If the payment is made by him within 20 days from the date of the decision to impose a fine, then the payment amount will be only 750 rubles (clause 1.3, Article 32.2 of the Code of Administrative Offenses of the Russian Federation).

The difficulty is the question of which driver is to be found guilty of the accident. Usually this is the driver of the second car. Although it is possible that the driver of the car in front or both drivers are at fault. To assert this, it is worth taking into account the following circumstances and establishing:

the degree of damage caused to the vehicles of those involved in the accident;
their technical condition;
the presence of road signs and markings on a given section of the road;
braking distance length;
traffic intensity;
condition of the roadway;
weather.

Drawing up a notification by participants in an accident

The law provides the opportunity for participants in an accident, in the absence of disagreements between them, to resolve all issues themselves, without contacting the traffic police, by drawing up a European protocol. This will allow the victim to receive up to 50,000 rubles from the insurance company. This is possible under the following circumstances:

in the absence of bodily injuries among the participants in the accident;
if they have MTPL policies;
in the event of a collision of no more than two vehicles. In all other cases, you cannot do without the traffic police. Its employees study all available information, interview witnesses, which allows them to accurately identify the culprit of the accident and impose a fine on him for failure to maintain distance.

If an emergency occurs and paperwork is completed, adhere to the following recommendations that can help you prove your innocence:

give arguments in favor of the fact that the violation of the distance was due to objective reasons and it is not your fault;
require this information to be included in the protocol.

Considering that the definition of a safe distance is a subjective concept and there are no clear criteria in the law, if you disagree with the content of the protocol on an administrative offense, there is always the possibility of appealing it.

Accident due to non-compliance with distance

Good afternoon, dear reader.

This article will discuss a traffic accident, which is one of the most common. We are talking about a situation where cars driving behind each other in the same lane collide, i.e. about non-compliance with distance.

Accident due to non-compliance with distance

This type of accident is one of the most “popular”, so you’ve probably seen something like this on the road:

There are 2 cars within the lane. The white car's rear bumper was damaged, and the orange car's front bumper was damaged.

Many drivers believe that the driver whose car is behind them is always to blame for an accident. However, this is not always the case. Let's first look at the reasons that could cause the collision.

Causes of the collision

Let's consider the possible causes of an accident within the lane:

Cars move at different speeds. For example, a white car travels at a speed of 40 km/h, and an orange car travels at 90 km/h.
Emergency braking of a white car. For example, a child may suddenly appear on the road, or a green car, which is not a participant in the collision, may suddenly change lanes. Also, emergency braking can be performed without necessity, i.e. just.
The orange car is moving too close to the white one.
A white car is moving in reverse, or rolling back on a slope. Accidents when reversing are discussed in a separate article.

Who is to blame for an accident due to non-compliance with distance?

It was discussed above that most often the culprit of an accident is the driver of the car located behind. At the same time, he violates the requirements of clauses 9.10 and/or 10.1 of the traffic rules:

9.10. The driver must maintain such a distance from the vehicle in front that would allow him to avoid a collision, as well as the necessary lateral interval to ensure traffic safety.

10.1. The driver must drive the vehicle at a speed not exceeding the established limit, taking into account the intensity of traffic, the characteristics and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of travel. The speed must provide the driver with the ability to constantly control the movement of the vehicle to comply with the requirements of the Rules.

If a traffic hazard arises that the driver is able to detect, he must take possible measures to reduce the speed until the vehicle stops.

However, there is only one case in which the culprit is the driver of the car in front. We are talking about sudden braking unnecessarily . Clause 10.5 of the traffic rules:

10.5. The driver is prohibited from:
.

Brake sharply unless necessary to prevent a traffic accident.

Thus, if the driver of the orange car can prove that the white car was braking for no reason (not to prevent an accident), then the driver of the car in front will be found guilty.

For example, evidence may include a video recorder or surveillance camera recording that shows that there were no vehicles, pedestrians or obstacles in front of the white car.

In all other cases, the culprit is the driver of the car behind .

Fine for not keeping a distance in 2019

Since the driver violates the rules for the location of vehicles on the roadway, a fine can be imposed under Part 1 of Article 12.15 of the Code of Administrative Offenses:

1. Violation of the rules for positioning a vehicle on the roadway, oncoming traffic, as well as driving along the side of the road or crossing an organized transport or pedestrian convoy or taking a place in it -

shall entail the imposition of an administrative fine in the amount of one thousand five hundred rubles.

Thus, the fine is 1,500 rubles . If paid within 20 days from the date of the decision, a discount of 50 percent is provided, i.e. You only need to pay 750 rubles.

Note : A fine for failure to maintain a distance is imposed only if there is a collision between vehicles. If there was no collision, then no fine is imposed.

For example, a car can drive 1 centimeter from the rear bumper of another car, but if they do not collide, there will be no fine.

In conclusion, I would like to note that it is not difficult to prevent a collision with a car driving ahead. You just need to train yourself to maintain a sufficient distance between cars .

As for novice drivers, they sometimes have difficulty determining the appropriate distance. If you don't know how far to drive, then choose a longer distance. It definitely won't get any worse.

Penalty for not keeping the distance

Fines Online > Types of fines > Fine for failure to maintain distance

Failure to maintain distance is one of the most common offenses, although it is not easy to record. In normal situations, inspectors who record this traffic violation impose fines.

However, traffic police officers apply sanctions only if an emergency situation is recorded. The driver must understand that such a traffic violation can also be recorded by a traffic camera. Therefore, every car owner should know what fines are imposed in case of failure to maintain a distance, what article of the Code of Administrative Offenses of the Russian Federation is violated in such situations by a person driving carelessly.

Is it necessary to keep distance

Driving a car while maintaining the required distance is required at least for your own safety, especially if:

visibility on the road is poor;
ice formed;
the asphalt is wet.

Even if the car handles well, has new treads, Velcro, studs on the tires, and its braking system is ideal, you should still take into account that the road surface has disadvantages. Water and ice crust prolong the braking period. The braked car continues to slide on such a road, dangerously extending the braking distance.

If the traffic is heavy, even a well-oiled car can easily collide with the vehicle moving ahead. It is unlikely that you will be able to avoid a collision when cars approach each other, especially if the car ahead suddenly brakes.

But you can get hit both from behind and from the front. Someone's car crashes from behind, pushes the car forward, and then another collision follows - this time with a vehicle that is too close in front. This could have been avoided if the cars were at the right distance.

Where do accidents most often occur due to failure to maintain distance?

Within the city, cars collide due to non-compliance with distance:

at traffic lights;
in traffic jams;
near pedestrian crossings.

That is, collisions occur where you have to brake sharply or drive in tight traffic jams.

Drawing up a protocol for imposing a fine

It is the collision of vehicles that is the reason for drawing up a report, identifying the culprit and imposing a fine. Then violations of such types are recorded.

Clause 9.10 of the traffic rules. Failure to maintain distance. The driver moved his car dangerously close to the car in front.

Clause 10.1 of the traffic rules. The vehicle speed is set incorrectly.

Penalties

The amount of the imposed penalty for failure to maintain distance usually does not exceed 1.5 thousand rubles.
If a collision occurs and the driver’s guilt in not maintaining the distance is confirmed, he has to compensate for the damage.
When it comes to maintaining distance, the concept of safe lateral spacing should be taken into account. After all, if the movement is intense, then lateral touches are likely.
The driver must choose the right distance. He must take into account that emergency braking may be necessary. An error could lead to a collision. In addition to choosing the distance, he must also not make a mistake in choosing the speed.

Safety ranges

You can focus on the following indicators at average (60 km/h) speed. It is taken into account that the condition of roads varies.

Situation one. The asphalt is dry. Cars must maintain a distance of at least 27 m from each other.

Situation two. The road is wet. The distance should be over 39-40 m.

Situation three. There is an ice crust on the road surface. Cars moving behind each other are supposed to be at a distance of 145 m.

Situation four. Rules for driving on the highway. Other cars should be given the opportunity to:

Failure to maintain distance in such cases leads to a fine under the terms of Art. 12.15 Code of Administrative Offences, and this is 1.5 thousand rubles.

What should a car owner remember?

Firstly, not too significant fines imposed for failure to maintain distance are not a reason to ignore traffic rules. In the event of a serious accident, when people lose their health and valuable property, the person at fault will have to pay huge sums.

But even the presence of a registrar is not always able to confirm the position of the accused driver, since he is initially obliged to correctly assess the situation and carefully monitor the road.

Secondly, a lot depends directly on the actions that the driver takes in a difficult situation. For example, someone’s car suddenly left a parking space. Then the car owner is obliged to start braking and give a signal.

An unsuccessful attempt to maneuver may cause a collision with another car, and then all the blame for the accident will fall on this driver. At the same time, the original culprit of the incident will only be required to pay a fine for creating an emergency situation.

Thirdly, the driver himself can demand compensation for damage (he will also not have to pay the fine) if he was forced to brake while keeping his distance, but even this measure did not protect him from a collision.

Fourthly, forgetting to install a sign on the front and rear windows indicating the presence of studded tires becomes a reason for imposing a fine.

It is necessary to periodically check, by contacting the relevant services, whether fines have been imposed. If written out, they should either be contested or paid for without delaying the matter.

What is the fine for driving on the side of the road in Moscow in 2019, read here.

Video: Failure to maintain distance during an accident: