Do cameras record driving under bricks?
Drive under a brick under the camera
Fine for driving under a brick in 2016
There are situations when, even after driving under a brick, you can challenge the fine issued by the traffic inspector. To do this, you again need to know all the rules associated with the “No Entry” sign: where and when it is placed, at what distance. Knowing these simple rules, you can not only reduce the amount of the fine, but also, in some situations, get off with a warning.
- On roads where there is one-way traffic, this sign must be installed. This helps avoid accidents. The liability for violating the passage under the “brick” in such places is the greatest. On multi-lane roads with dividing boulevards or lines, a “No Entry” sign is installed in each one-way lane. The “brick” is installed together with the “Exit to a one-way road” sign.
- On sections of the road where a lane for public transport is provided, a “brick” is also installed. This clause was revised and approved in 2013.
- In order to indicate a ban on leaving gas stations or rest areas, this sign is installed.
Penalty for driving under a sign - brick
If you find yourself in such a situation, you risk losing your license for a period of 6 months , or paying off with a fine of five thousand rubles . If you are a persistent offender, then a fine alone will not be enough to punish you. You will have to surrender your license for a period of one year.
This example does not in any way encourage motorists to take such actions, but as a small “lifesaver” it can be stored in a car’s chest of tricks. Of course, this method should be used carefully. You may meet a sage in uniform who will use this trick against you. As they say, for every fox there is another. It is better not to violate, and if for some reason this happens, clearly know your rights.
Drive under a brick under the camera
- no less than 25 meters before the entrance to a certain area within the city, installed at a height of 2-4 meters;
- in a suburban area, no less than 50 meters away, the sign is installed at a height of 1.5 to 3 meters.
This is due to the poor road situation and is intended to encourage drivers to more strictly adhere to traffic rules; If the driver entered the oncoming lane again, and this was seen by the traffic police inspector, then the driver faces deprivation of his license for driving under a “brick” for up to 1 year (Part 3.1 of Art.
Construction materials on the road - Fine for driving under a “brick”
Signs often duplicate one another. By ignoring sign 3.1 when making a left turn, as a rule, you are violating one more of the points: “left turn is prohibited”, or “crossing a solid lane”. The punishment in this situation will also be stricter, and is estimated at 1000-1500 rubles.
The wave of the striped wand does not affect only taxi drivers. Seasoned drivers with experience give up no less than newcomers, and begin to feverishly think about what they have done wrong. And here's luck for the inspector - they drove out from the wrong side of the supermarket parking lot. “Cortal sin” - driving under a “brick”. Intimidation begins about deprivation of rights or a huge fine, offers to “agree” at the rate of up to 5,000 rubles. Remember firmly: your license can only be revoked for driving head-on into oncoming traffic. The described violation costs only 500 rubles.
Features of the fine for driving under a brick in 2019
In the presented case, the punishment will be applied within the limits given in Part 1 of Art. 12.16. Regulatory Act regulating sanctions for failure to comply with instructions indicated by markings and signs - a warning or a monetary penalty of 500 rubles.
Section 2 specifies some requirements for the installation of road signs - if they are not met, the citizen has a good chance of avoiding liability (for example, if the visibility of the sign is not ensured from a distance of 100 meters or less).
Driving under a brick on camera fine
If, after all, the driver violated the traffic rules and drove under a “brick,” then, most importantly, he does not need to panic. You need to clearly argue your arguments to the traffic police inspector and try to prove your innocence to him, especially since a sign covered with something can help the motorist justify himself. But the motorist must remember that if he violates the requirements of the “no passage” sign, which is installed where the traffic is not one-way, then he cannot be punished.
Drivers often ignore the brick, considering this ban to be another meaningless rule designed only to fray the nerves of the average motorist. But you should always remember that any rule exists only for the benefit of people and the creation of safety conditions.
What is the fine for driving under a brick and is there a deprivation for a brick?
4. Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for in Part 3 of this article, shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period from four to six months .
- Part of the road is being repaired by road services, a detour has been organized around the section being repaired, and a “Brick” road sign has been installed at the entrance to this section.
- The sign hangs in front of the courtyard area where motor vehicles are prohibited.
- The brick is installed above the arch of a multi-storey building, passage through which is also prohibited.
- The brick is installed at the opposite end of the entrance or exit from the adjacent territory (for example, a gas station).
- There is a "Brick" sign at the entrance to a one-way road, but there is no corresponding one-way sign at the beginning of that road.
Drive under a brick under the camera
The fine for driving under a brick with this option is 5,000 rubles. In addition, the law provides for an alternative punishment in the form of deprivation of rights for a period of 4-6 months. Article 3 applies. No. 12-16 of the Code of Administrative Offenses of Russia, which considers this violation not as ignoring a signal, but as entering the lane of oncoming traffic.
- It is also placed in front of an area where vehicles are prohibited. Or movement, and therefore entry, is limited to a specific type of transport (for example, only ambulances can enter the hospital premises).
- “Entry prohibited” is set to restrict travel on a specific section of the road. For example, during road repairs.
- The brick is placed in front of a section of the road that they want to allocate for public transport.
Driving under a brick on camera fine 2018
Remember that you do not need to pay a state fee for appealing a decision. As for the grounds for appealing, it makes sense to do this if the driver is sure that the sign is not installed in accordance with regulatory requirements, namely, GOST. Section 2 indicates some requirements for installation road signs - if they are not observed, a citizen has a good chance of avoiding liability, for example, if the visibility of the sign is not ensured from a distance of meters or less.
It is this body that is authorized by the state to answer all questions of interest, as well as manage the funds of this subsidy. Simple renovations can be done without permission if you follow the basic rules.
Fine for driving under a brick in 2019
The choice of specific penalties depends, first of all, on the severity of the offense committed and the potential danger that this entailed. That is why the fine for unauthorized entry into the territory of a parking lot or gas station is 10 times less than for entering the lane of oncoming traffic - in these cases, the severity of the driver’s guilt varies.
- drivers of route vehicles - in the event that we are talking about entering the lane intended for such vehicles;
- drivers of vehicles who were moving in oncoming traffic or entered a prohibited area in reverse. this is a rather controversial and dangerous maneuver, since some traffic police officers still fine drivers for such a violation.
Punishment for driving under a brick in 2019
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- lack of evidence of an offense;
- incorrect qualification, the punishment may be replaced by a more lenient one;
- the fact of a repeated violation has not been proven;
- incorrect installation or insufficient visibility of the sign;
- lapse of time.
Drive under a brick under the camera
In the traffic rules of the Russian Federation, the effect of sign 3.1 is interpreted as follows: “The entry of all vehicles in this direction is prohibited.” The definition is clear and understandable, isn’t it? However, there are several penalties for violating this sign. The Code of Administrative Offenses of the Russian Federation contains several norms that justify the issuance of certain decisions and fines for driving under the same sign. It all depends on where this insidious “brick” is installed.
But that’s not all - a much more severe punishment threatens if the motorist is careless and drives under a “brick” onto a one-way road. This, you understand, can lead to an emergency situation. Therefore, in this case, an employee of the State Inspectorate for Road Safety, in accordance with Part 3 of Article 12.16 of the Code of Administrative Offences, “solders” into the protocol the highest fine for you - 5,000 rubles. And, please note, the case may not be enough with just a monetary penalty - such an offense is punishable by deprivation of the right to drive a vehicle for a period of four to six months.
Fine for driving under a brick
If road signs violate the requirements of a mandatory standard, then the driver should not be punished for driving under a brick. For example, a sign may be blocked by a parked truck, difficult to see due to foliage of trees, etc. When an inspector unlawfully tries to hold a driver accountable for driving under a brick, a corresponding entry should be made in the protocol.
Following the traffic rules, driving under a brick (sign 3.1) is subject to administrative punishment, while the effect of this sign does not apply to route vehicles. That is, you cannot drive a car under sign 3.1, but you can drive a shuttle bus, moving along a dedicated lane.
What is the fine for driving under a brick on camera in Moscow?
What are the standards for installing a sign? The purpose of a “No Entry” warning is to control traffic flow. It is installed by road services in those places where traffic is permitted only for service vehicles.
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Driving under a brick on camera fine
Some motorists ignore such a warning, considering it meaningless. But it must be remembered that all this is done to create conditions for the safest movement. Pedestrians should also be extremely careful, as the brick indicates a high-risk area.
If, after all, the driver violated the traffic rules and drove under a “brick,” then, most importantly, he does not need to panic. You need to clearly argue your arguments to the traffic police inspector and try to prove your innocence to him, especially since a sign covered with something can help the motorist justify himself.
What is the fine for driving under a brick per year according to the camera?
The severity of the offense for driving under a “brick” is determined independently by the traffic police inspector and must record his findings in the protocol. The protocol, together with witness testimony (oral and written) and recordings of road surveillance cameras (if available), is subsequently reviewed by the court, which chooses the penalty - a fine or imprisonment.
If not, then ask our lawyers: 17 lawyers are ready to answer now. GOST, which regulates the placement of road signs, indicates that they must be located either on the right side of the road, or must be fixed on top. In this case, they must be installed directly at the place where the restriction begins or at a certain distance.
Punishment for driving under a brick: fine, how to avoid punishment.
According to statistics, not all drivers notice and strictly follow traffic rules. The prohibitory sign “No Entry” is no exception. But many people know that current legislation provides for penalties for driving under a brick. The type of sanction applied to the offender depends on the grounds and circumstances that provoked the violation and its consequences.
Where and for what purpose is this sign installed?
The sign in question is a red circle with a central white stripe in the form of a rectangle.
The “brick” is installed:
- to reduce the flow of vehicles on a certain road section;
- in places where road work is being carried out;
- to restrict access to public transport lanes;
- to restrict access to private territory (this also includes medical and administrative buildings);
- at the border of entry and exit from the territories of gas stations and car parks, including at entertainment and shopping centers;
- in order to prevent entry onto a one-way road.
In accordance with the standards, the following is placed:
Important! The place where the “brick” is placed must be visible within 100 meters. Advertising signs, trees and buildings that obstruct the view are not permitted.
This is due to the need to provide the driver with sufficient time to maneuver in accordance with the requirements of the sign.
What is the threat to the offender?
Punishment for an offender for driving under a brick in 2019 can be imposed in the form of a fine or deprivation of driving license. The type of sanction is determined by the court on the basis of a recorded document drawn up by a traffic police inspector.
The degree of punishment is influenced by additional factors such as:
- method of establishing a violation: using a camera or a traffic inspector;
- presence/absence of the same type of violation over the past 12 months;
- consequences of unlawful actions, which are determined by the protocol or report drawn up.
Entry under a “brick” into a prohibited territory
The Code of Administrative Offenses of the Russian Federation, as amended, in 2019, in case of violation of legal norms defining the rules for travel to a prohibited territory with restrictions on the movement of vehicles, provides for issuing a warning to the violator or collecting a fine in the amount of 500 rubles.
One of the most minimal sanctions that applies to violators of the rules of entry under a prohibitory sign on the territory of medical buildings, administrative institutions, parking lots, and parking lots.
Entry under a brick into a public vehicle lane
In this case, a fine will also be collected from the offender. The law provides for a sanction of 1,500 rubles. If you ignore traffic rules in federal cities, which include Moscow and St. Petersburg, the penalty for driving under a brick is doubled. This measure is intended to oblige road transport managers to strictly follow traffic rules due to high traffic congestion.
Ignoring a sign and driving in the opposite direction
In this situation, the driver obstructs the movement of traffic, creating an emergency situation on the road. Such actions are considered a serious offense and require the most stringent measures to be taken to prevent a repeat violation.
An alternative sanction provides for either a fine in the amount of 5,000 rubles, or the confiscation of a driver’s license for a period of 4 months to six months for a single offense.
Responsibility for relapse
If the situation repeats, the violator risks being left without driving rights for a period of one year. If the fact of illegal actions was recorded by a camera, then the punishment is limited only to the payment of a mandatory fine of 5,000 rubles.
Who is exempt from liability?
Drivers will benefit from information about exceptions that allow for violations without subsequent sanctions.
The law provides for situations when the vehicle operator is exempt from liability for driving under a prohibiting sign.
These include:
- entry of the driver of the institution's official vehicle into his territory, entry into which is prohibited for other vehicles;
- the movement of a minibus along a section of road specially allocated for public transport;
- arrival of emergency vehicle, fire service, law enforcement agency.
How to appeal a decision?
A motorist has the right to appeal the penalty imposed on him in a number of cases:
- The “brick” was installed in violation of traffic regulations governing its legal installation.
- The prohibition sign is not located in an area accessible to view, for example, hidden behind trees or billboards.
- Installing a sign on private property without notifying the road service and obtaining the appropriate permit. In this case, the “brick” was installed illegally.
- Lack of a sign next to a sign that indicates a one-way road or when placed in an inaccessible location. The driver of the vehicle may be fined, but he will not face deprivation of his rights.
Important ! The driver has a chance to appeal the penalty for driving under a brick until it comes into force.
In controversial situations, the vehicle owner is recommended to take photographs of the scene of the incident in order to strengthen his position.
The accused of an offense must protest during the process of drawing up the protocol and request that an appropriate entry be made. If there are witnesses who are ready to confirm the incorrect placement of the sign, he must make sure that their testimony is recorded in a report indicating personal data. If you ignore the comments, you must refuse to sign the protocol, subsequently explaining your position to the judge.
To protect your own interests, you should seek legal advice. They act through the judiciary in situations where there is a threat of deprivation of rights. An application can only be submitted within a ten-day period from the date of filing the report and to the territorial court at the place of registration.
Along with the application, additional materials are submitted to prove the unlawfulness of the punishment:
- photographs from the scene of the incident, recording with a phone camera is allowed;
- video recording from a mobile or car DVR;
- testimony of witnesses present at the time the violation was recorded;
- video from surveillance cameras installed on buildings, if they are located in close proximity to the event site.
If there is no material evidence, there is no point in going to court. It is almost impossible to prove that you are right without supporting materials. The driver's emotional state and excuses are not taken into account.
Also, in the situation of drawing up a protocol with non-compliance with the procedure established by law and violation of legal norms, the document loses legal force and is considered invalid. For example, inflating the article of violation, contrary to legal norms, entering deliberately incorrect data, or inappropriate behavior of a road service employee. There are cases when traffic police officers impose a fine of 5,000 rubles on the offender for ignoring the rules for driving under the “brick” established at the entrance or exit of the territory adjacent to the shopping center. Although, according to the law, this reason entails a much smaller sanction of 500 rubles.
A motorist must be aware of the full responsibility for behavior on the road, including for violating the rules. The ability to challenge a penalty is not an indicator of impunity.
Compliance with traffic rules is a guarantee of road safety for all road users. The slightest violation can provoke an accident that is dangerous to the life and health of its participants.
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Do cameras record driving under bricks?
Traffic police fine for “brick” (sign 3
Among motorists who have had a license for a long time, it is not customary to discuss the consequences of driving under a brick. All best men simply know that such traffic violations should be allowed as a last resort and only as a last resort. In this regard, psychologically, a fine for a brick can be equated to a fine for crossing a double solid line.
To appeal a fine for a brick in court, you need to collect as much evidence as possible that the inspector’s decision is dubious. Take a photograph of the location, the condition of the sign itself, any obstacles preventing its identification, check with city planners for plans with notes on road signs tied to specific streets.
Fines for driving under a brick, in which case are they deprived of their rights? How to behave with traffic police officers
Previously, there was an ambiguous situation with reversing. In some regions, courts, when considering complaints against decisions in administrative cases related to driving through a prohibitory sign, dismissed cases if the offender was moving in reverse on a one-way road. However, in 2012, the Plenum of the Supreme Court of the Russian Federation established that the courts should consider such a movement to be considered as a violation of traffic rules and an administrative offense.
- For normal entry, a fine, in accordance with Part 1 of Art. 12.16 Code of Administrative Offenses of the Russian Federation, will be 500 rubles. In addition, in this case, the traffic police inspector has the right to limit himself to a warning, without imposing any other punishment.
- Turning left or turning around under a prohibitory sign – part 2 of the same article. Here the punishment will range from one to one and a half thousand rubles.
- In the event that a brick prohibits entry towards traffic on a one-way road, Part 3 of Art. 12.16 Code of Administrative Offenses of the Russian Federation. Here the fine can be 5 thousand rubles.
- Repeated driving under a brick onto a one-way road, if the violation was recorded by an automatic camera, is punishable, according to Part 3.1 of the same article, with a fine of 5 thousand rubles.
- Driving under a brick into a lane allocated for minibuses is punishable in accordance with Part 1.1 of Art. 12.17 with a fine of 1,500 rubles.
- If driving under a brick into a minibus lane took place in Moscow or St. Petersburg, the culprit will face a fine of 3 thousand rubles.
Driving under Brick fine or imprisonment
Let us pay attention to another scenario. You enter under a prohibitory sign, being fully confident that there is adjacent territory behind it. But then it turns out that you are in a dedicated lane with oncoming traffic, and you find yourself just opposite the main flow of traffic. Then the responsibility for non-compliance with traffic rules will be much higher. Article 12.16 of the Administrative Code, part 3 prescribes a fine for driving under a brick sign of 5,000 rubles, or deprivation of a driver’s license for a period of 4 to 6 months.
Among the many contradictory provisions of the Road Traffic Rules, drivers especially dislike the prohibitory sign, popularly called a “brick”. Why is it so scary for a car enthusiast and how should one behave on the road, where is this sign located and what is the fine for driving under a brick.
Fine for driving under a brick sign
Typically, this sign is used on one-way roads to prevent vehicles from driving towards the main flow. In addition, “bricks” are often installed at gas stations, parking lots, shopping center parking lots, adjacent areas, courtyards and residential areas to delimit entry and exit points for vehicles.
According to Part 1 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation, failure to comply with the requirements prescribed by road signs in 2019 entails a warning or the imposition of an administrative fine in the amount of 500 rubles. This is exactly the punishment facing a driver who drives under a “brick” with a sign saying “except for official vehicles” or at the wrong time.
Fine for driving under a brick in 2019
But if the driver can prove that such actions were forced and objectively necessary, and the maneuver itself was performed safely, he will avoid liability. For example, if it was necessary to park in a parking lot or avoid an obstacle on the road.
These documents are drawn up at the scene of the offense by a traffic police officer and serve as the basis for bringing the offender to justice. The testimony of victims (if any) and witnesses to the commission of this offense are also taken into account.
Fine for driving under a brick
- within the city - a distance of at least 25 meters from the entrance to the area where traffic is prohibited, at a height of 2 to 4 meters;
- for country roads - a distance of at least 50 meters and a height of 1.5 to 3 meters;
- good visibility of the sign, absence of interference in the form of trees, billboards and banners, buildings.
- To prohibit entering a one-way lane, in which the driver may end up in the oncoming lane;
- Separating a road lane on which ordinary cars are prohibited from driving (a lane intended only for public transport). In this case, the sign is placed together with the “ Traffic Lane ” sign;
- Restriction of entry into territory that is privately owned, or into the territory of hospitals, clinics, and administrative buildings. “ Brick ” is also placed to restrict entry to the road on which repairs are being made, as well as to delimit entry and exit to a parking lot or gas station;
- Prohibition on driving in the oncoming lane. In this case, the “brick” is installed on the dividing strip of the road, just before the entrance to it, along with the sign “Exit to a one-way road.”
What is the fine for driving under a brick in 2019, is it possible to challenge it?
When you contact a qualified lawyer with solid skills in this area, the chances of success increase significantly. He will help you understand the situation and develop the most effective tactics aimed at reliable protection of rights and interests.
The traffic rules clearly indicate that travel to an area marked with a road sign such as “Entry prohibited” or simply “Brick” is prohibited. For ignoring this rule, you may receive not only an administrative fine, but also lose your rights. In this article, we will look in more detail at what fines are provided for driving under a brick and how to appeal the punishment applied to you.
Is there video recording for driving under a brick 2019
GOST, which regulates the placement of road signs, indicates that they must be located either on the right side of the road, or must be fixed on top. In this case, they must be installed directly at the place where the restriction begins or at a certain distance. For populated areas, signs can be placed no further than 25 meters from the beginning of its action, and outside them - no more than 50 meters. In addition, the visibility zone must be no less than 100 meters. Read also: Amount of fine for improper parking and tow truck All necessary information is in GOST 52289-2004. Thus, if road services have violated any rules for installing road signs, or they are hidden by all sorts of objects, overgrown with branches, etc., they have no legal force, which means that the traffic police inspector does not have the right to draw up an administrative protocol.
The difference in different cases will only be in the degree of responsibility for travel, since for violation there is a fine from 500 rubles to deprivation of rights. Do cameras record violations? There is a difference in liability for driving under a “brick” depending on the method of recording the violation. Modern systems for automatically recording violations are able to record passage under a prohibitory sign 3.1. The driver needs to know that punishment in the form of deprivation of the right to drive a vehicle for driving under a “brick” cannot be applied if the violation is recorded by an automatic recording camera. It is possible to lose your license only if the driver is stopped by a traffic police inspector for a violation and only by a court decision. How much is the fine for driving under a brick in 2019? The articles of the Code of Administrative Offenses of the Russian Federation regulating the punishment for driving under a “brick” have not changed in 2019.
What is the penalty for driving under a brick?
If a sign is installed at the entrance to a road on which only route vehicles are allowed to move in this direction along a dedicated lane, then in case of violation of its requirement, the driver will be subject to an administrative fine in the amount of 1,500 rubles, in Moscow or St. Petersburg - 3 000 rub. (Parts 1.1, 1.2 of Article 12.17 of the Code of Administrative Offenses of the Russian Federation).
- on sections of roads or carriageways with one-way traffic to prohibit the movement of vehicles in the opposite direction;
- on roads marked with sign 5.11 “Road with a lane for route vehicles” - to prevent vehicles from entering towards the general flow, and with a sign 8.14 “Traffic lane” - into the lane allocated for route vehicles;
- to organize separate entry and exit points at vehicle parking areas, rest areas, gas stations, etc.;
- to prohibit entry into a separate lane or section of the road.
How to challenge a fine for driving under – Brick
- a section of road with oncoming traffic (accident in a head-on collision);
- the movement of route vehicles is allowed (collisions with pedestrians are possible at the stops of minibuses);
- there is a road obstacle ahead (it’s safer to go around so as not to damage your own car);
- special sites - gas stations, parking lots.
“Brick” should not be considered punitive; it is useful for drivers, because cars in the installation area can drive in the opposite direction. By complying with prohibiting travel conditions, you avoid a possible accident. It is useful to know all the features of the use and installation of prohibitory signs, so that later you do not have to pay fines or legally protest them.
Are there Cameras Recording Passage Under Bricks?
Do cameras record driving under bricks?
Typically, this sign is used on one-way roads to prevent vehicles from driving towards the main flow. In addition, “bricks” are often installed at gas stations, parking lots, shopping center parking lots, adjacent areas, courtyards and residential areas to delimit entry and exit points for vehicles.
But if the driver can prove that such actions were forced and objectively necessary, and the maneuver itself was performed safely, he will avoid liability. For example, if it was necessary to park in a parking lot or avoid an obstacle on the road.
Previously, there was an ambiguous situation with reversing. In some regions, courts, when considering complaints against decisions in administrative cases related to driving through a prohibitory sign, dismissed cases if the offender was moving in reverse on a one-way road. However, in 2012, the Plenum of the Supreme Court of the Russian Federation established that the courts should consider such a movement to be considered as a violation of traffic rules and an administrative offense.
Features of the fine for driving under a brick in 2019
Sanctions for the presented offense are regulated by Part 3 of Art. 12.16. Regulatory Act. The driver can expect either a fine of 5 thousand, or the revocation of his license from 4 to 6 months. As you can see, the punishment is exactly the same as for overtaking on an oncoming lane crossing a solid road.
Law, that is, for again (within a year) driving under a “brick”, which entailed driving on a one-way highway in the opposite direction to the general flow. The exception is the case when this offense is recorded on camera.
- on a road with one-way traffic, on the side opposite to oncoming traffic (the beginning and end of a road with one-way traffic are indicated by signs 5.5. and 5.6., so the driver will never be mistaken whether he has chosen the right direction of travel);
Can a camera record driving under a brick?
The consequences of the violation will be determined in court with the help of reports and protocols provided by inspectors. Everything that is written in these documents will be considered and taken into account, and if other documents or witness statements have not been provided, then the amount will be determined according to the data of the traffic police officers.
In our article we will try to understand why this symbol is inconsistent. In what cases is a “brick” installed and what exactly does the sign limit? Most importantly, what fine is provided for those who drove under a brick in 2019, since driving under a brick sign is prohibited?
Checking compulsory motor liability insurance using a single database is not so difficult, so practical implementation will not be long in coming. Mobile cameras are installed in state traffic police vehicles or in public transport. They record violations as these vehicles move.
Punishment for driving under a brick: fine, how to avoid punishment
- photographs from the scene of the incident, recording with a phone camera is allowed;
- video recording from a mobile or car DVR;
- testimony of witnesses present at the time the violation was recorded;
- video from surveillance cameras installed on buildings, if they are located in close proximity to the event site.
- method of establishing a violation: using a camera or a traffic inspector;
- presence/absence of the same type of violation over the past 12 months;
- consequences of unlawful actions, which are determined by the protocol or report drawn up.
Features of the fine for driving under a brick in 2019
The so-called “brick” is a well-known road sign (hereinafter also referred to as a plate) prohibiting entry anywhere.
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As with other violations, for driving under this prohibitory sign, the motorist will be held accountable in accordance with the current norms of the Code of Administrative Offenses (hereinafter referred to as the Law, Regulations), however, the punishment will vary depending on what exactly the “brick” prohibits.
What does it look like
Table 3.1. “Entry prohibited” belongs to the prohibiting category. The text description is contained in Section 3 of Appendix 1 to the Traffic Regulations (hereinafter referred to as the Rules).
The plate looks like this:
- shape - circle;
- color – red;
- Inside there is a white rectangle in the center.
What does it mean
A sign prohibits the movement of vehicles on a certain section of the road. The sign can act either in the adjacent territory (for example, entering a yard or at a gas station) or it can signal drivers that it is prohibited to drive towards oncoming traffic on a roadway with one-way traffic.
Here are all possible cases of installing this sign:
- on a road with one-way traffic, on the side opposite to oncoming traffic (the beginning and end of a road with one-way traffic are indicated by signs 5.5. and 5.6., so the driver will never be mistaken whether he has chosen the right direction of travel);
- in case of entering a special separate lane, the intended purpose of which is the movement of buses and passenger taxis;
- if travel to the adjacent territory (supermarket, gas station, residential building) is prohibited (the reason for installing the sign in this case is, as a rule, to restrict the movement of vehicles towards the general flow);
- if necessary, organize a detour of the vehicle in a different way, for example, during road repair activities.
What does the traffic regulations say?
Section 3.1. Appendix 1 of the Rules provides a text description that the entry of all vehicles in the direction indicated by the sign is prohibited.
The fine for driving under a brick
The motorist faces different liability depending on the type of violation that was caused by driving under the “brick”.
No oncoming traffic
Possible situations and limits of liability:
- Driving where the “brick” is located to the adjacent territory (for example, to a gas station, parking lot, etc.).
In the presented case, the punishment will be applied within the limits given in Part 1 of Art. 12.16. Regulatory Act regulating sanctions for failure to comply with instructions indicated by markings and signs - a warning or a monetary penalty of 500 rubles.
- Departure and drive along a special lane intended for minibuses in the same direction.
Since in the presented situation the driver violates the requirements of the Rules, without driving into oncoming traffic, the punishment will not be the most severe - a fine of 1.5 thousand rubles according to the norms of Part 1.1. Art. 12.17.
With oncoming traffic
Most of the cases where it is necessary to install a “brick” is precisely to restrict the entry of vehicles in the opposite direction.
Possible situations:
- Car driving under a “brick” on the roadway with movement in one direction, towards other vehicles moving according to the rules.
Sanctions for the presented offense are regulated by Part 3 of Art. 12.16. Regulatory Act. The driver can expect either a fine of 5 thousand, or the revocation of his license from 4 to 6 months. As you can see, the punishment is exactly the same as for overtaking on an oncoming lane crossing a solid road.
- If the motorist commits this violation again, the sanction will be the same as under Part 5 of Art. 12.15. of the Regulatory Act, that is, as for repeated overtaking with entry into the oncoming lane - cancellation of the driving license for 1 year, or 5 thousand (a fine of this amount is applied only if recorded by cameras, and not by a traffic police officer).
Under the camera
Judging by part 3.1. Art. 4.1. According to the law, when a violation is recorded through automatic means, such as photo or video cameras, termination of rights cannot follow.
If the sanction of the corresponding article of the Normative Act provides for the limits of a monetary penalty (for example, from 1 to 1.5 thousand), the minimum amount is always selected.
If the sanction only provides for the withdrawal of rights, a fine of 5 thousand is imposed.
Thus, if the camera recorded a driver driving under a “brick” onto a road with one-way traffic, the punishment will be in the form of a financial penalty in the amount of 5 thousand rubles.
Who decides the fine or deprivation
Part 1 art. 23.1. The law establishes which cases are within the competence of judicial structures.
Thus, it has been established that the courts have the exclusive right to make a final verdict when a motorist commits a violation specified in Part 3.1. Art. 12.16.
Law, that is, for again (within a year) driving under a “brick”, which entailed driving on a one-way highway in the opposite direction to the general flow. The exception is the case when this offense is recorded on camera.
Part 2 art. 23.1. The Normative Act defines cases when a verdict in a case will be made by a judge if the relevant documents are submitted for consideration by an official.
The list specified in this article includes a violation under Part 3 of Art. 12.16. Law, that is, driving (not repeated) under a “brick” in an “oncoming lane” on a one-way road.
So, what conclusion have we come to:
- if the sanction of the article provides for punishment only in the form of a fine, the amount of the fine (if there are limits) is determined directly by the official - that is, a traffic police officer;
- if the sanction provides for punishment in the form of a fine or revocation of the license, whether there will be a fine or deprivation is also determined by the inspector, but it is the term of deprivation that will be determined by the court; if the inspector chooses a fine, then its amount within the sanction is determined “on the spot”;
- If the sanction provides for uncontested revocation of rights, the case is immediately referred to the court.
How to dispute
The appeal is carried out in accordance with the rules established by Chapter 30 of the Law.
First, the applicant needs to determine where to apply:
Who made the decision
Where to appeal according to Part 1 of Art. 30.1. Regulatory Act
Based on the text of Part 1 of Art. 30.2. According to the Normative Act, a citizen does not have to submit a complaint to a higher-ranking structure or official - it can also be submitted to the person who directly made the original decision. Within 3 days, this person (or the court) will transfer the complaint to a higher government agency/person superior.
Remember that you do not need to pay a state fee for appealing a decision (Part 5, Article 30.2 of the Normative Act).
As for the grounds for appeal, it makes sense to do this if the driver is sure that the sign is not installed in accordance with regulatory requirements, namely, GOST 23457-86.
Section 2 specifies some requirements for the installation of road signs - if they are not met, the citizen has a good chance of avoiding liability (for example, if the visibility of the sign is not ensured from a distance of 100 meters or less).
In what cases is the sign not valid?
Despite the fact that the text description of plate 3.1. indicates a ban on the entry of all vehicles; just below, in Section 3 of Appendix 1 of the Rules, the text of the exception is given. In particular, it is indicated that plate 3.1. does not impose a ban on the movement of route vehicles.
Accordingly, only drivers of public vehicles (buses, trolleybuses, trams) intended for transporting citizens and traveling along a pre-regulated route (clause 1.2 of the Rules) can ignore the requirements of the “brick”.
So, the “brick” sign prohibits the movement of all vehicles except route ones. For ignoring the requirements of the driver, responsibility awaits, as stated in Part 1, Part 3 or Part 3.1. Art. 12.16.
Law - depending on the type of violation. If the passage under the “brick” was recorded by a camera, deprivation of rights will not follow.
Video: Issue No. 8 Drive under a brick
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