Responsibility for leaving the scene of an accident

Leaving the scene of an accident is a punishment in 2019

An accident is a nuisance from which no driver is insured. Traffic rules regulate the actions of a driver who is involved in a traffic accident and oblige him to take the necessary measures, including providing assistance to victims. If the instructions are not followed, the consequences may be unfavorable for the driver.

For leaving the scene of an accident, punishment is provided for in Article 12.27 of the Code of Administrative Offenses of the Russian Federation. The second part of this article describes in detail what happens when, in a state of shock or on purpose, a driver leaves the scene of an accident. If you leave the scene of an accident, the driver may be subject to one of the following penalties in 2019:

After fleeing the scene of an accident, the punishment is deprivation of the right to drive a vehicle for a period of 1-1.5 years;
or
Administrative arrest for 15 days.

If you are wondering what the fine is for this, then you should know that the current legislation does not indicate that the driver must pay a fine for driving away after an accident without stopping and without checking to see if there were injuries or property damage.

When leaving the scene of an accident for a legal or illegal reason, as well as being an innocent person, it is important to remember that without documentary evidence of the incident there is a high probability of:

be found at fault for the accident;
answer administratively for leaving the scene of an accident;
compensation for damage to the car, for moral damage caused, as well as for damage to health, up to lifelong recourse.

To avoid this, it is better to stay at the scene of the accident and, if possible, hire a lawyer who will arrive at the scene of the accident to monitor the correctness of the paperwork and give useful advice.

What is the basis for punishment?

The extent of liability is determined in court. The basis for considering a case in court is a protocol drawn up by traffic police officers. Evidence of guilt can be the testimony of witnesses, eyewitnesses, video from digital media (dash cams, traffic cameras). In 95% of cases, accidents are solved by investigators, and the culprit is found.

Often, in a state of shock, when a person leaves the scene of an accident, he drinks. Clause 2.7 of the traffic rules indicates the prohibition of taking alcoholic beverages, narcotic, psychotropic or any other drugs until the examination is completed. Such violations only aggravate the situation and may result in additional penalties in the form of a fine for drunk driving.

What terms are acceptable for punishment?

In cases where a person leaves the scene of an accident irrevocably, hides from responsibility, there are exceptions to the rules that remain unpunished. These exceptions include an expired statute of limitations. The completed departure from the scene of the accident is recorded by the traffic police, after which they begin interviewing witnesses to find the offender. For search work, bringing charges against the culprit who did not remain at the scene of the accident, in accordance with Art. 4.5 of the Code of Administrative Offenses of the Russian Federation is given 90 days (3 months). After the statute of limitations has expired, it is illegal to bring any charges against the driver and draw up an administrative offense resolution in his name.

When is the driver responsible?

If a person driving a car that was involved in a traffic accident leaves the scene for reasons that are not listed in the traffic rules, his actions are regarded as a crime. For leaving the scene of an accident in 2019, persons who fled in a car in such situations, even if they are not the owners of the vehicle, bear full responsibility.

Leaving the scene of an accident is not justified even if the driver is in a hurry to get to a flight, meeting or other events, even if he stopped and left his data, coordinates, contact numbers, and business card.

By not remaining at the scene of the accident, a person can affect the mitigation of liability. This requires a confession, assistance in the investigation, and voluntary compensation for damage. Partial justification for the fact that a person did not stay at the scene of an accident can be a serious mental state, being a minor, or being pregnant.

In what cases is liability not provided?

There are situations when the driver is not responsible for not stopping or leaving the scene of the accident. Such situations include the following situations.

When an accident occurred, but the drivers were able to come to an agreement, they have no claims against each other regarding the circumstances that occurred. You can leave the scene of the accident if there are no casualties in the incident. In such a situation, it is advisable to draw up a diagram of the arrangement of cars after the accident at the scene of an accident, indicate on the diagram the road markings, street names, house numbers, road signs and other important information. Each driver must have a diagram signed by both parties involved in the accident. Driving away from an accident will be legally correct if both drivers go to the nearest traffic police station, where they draw up documents.

When, at the scene of the accident, the drivers mutually decided to file an accident according to the European protocol (filling out a notification of an accident, which the insurer will rely on). Under MTPL, such a procedure is allowed when only 2 cars, the owners of which have a valid MTPL policy, were damaged at the scene of an accident. There should be no people injured or injured at the scene of the incident. In this case, leaving the scene of the accident is possible, and the drivers should not have any claims against each other, and the nature of the damage should be agreed upon.

Often in court, the driver is justified by the fact that he was forced to leave the scene of an accident in order to deliver the victim of an accident or collision to the hospital. In this case, having left the scene of the incident, the driver is obliged to return after the person is taken to a medical facility for emergency assistance. Before leaving, it is important to document (indicate on the diagram) the position of the car on a video or photo camera. At the scene of an accident, objects should be left in the position in which they were after the accident. To prevent them from interfering with other traffic participants, according to clause 2.5 of the traffic rules, it is necessary to provide a detour for transport.

It is not considered a crime punishable under Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, when a vehicle responsible for or involved in an accident is removed from the road in order to clear the roadway for traffic flow, but the driver himself remains in place. Before removing a car, its location must be described in a document or recorded in any other way. It is undesirable to move when there are no eyewitnesses to the accident, and also when the drivers have disagreements regarding the guilt and causes of the accident.

Having left the scene of an accident in other situations, the driver will be charged with leaving the scene and punished in accordance with the law. When the driver leaves the scene of an accident, only after the investigation is it determined whether there is a crime or its absence for the reasons provided for by the Traffic Rules. The final verdict on whether the driver’s actions were lawful or unlawful, and what the punishment for leaving the scene of an accident will be, is determined by the court.

Knowing whether it is possible to leave in the event of an accident and in which specific cases liability does not arise for leaving the scene of an accident without authorization, you can avoid punishments and deprivation of rights.

What does a driver face if he fled the scene of an accident: fine, liability

Even the most disciplined and law-abiding driver in the first minutes after an accident, especially a serious one, will have a thought: “Should I drive away from the scene of the accident, in case they don’t get caught?” Some, in a state of emotional turmoil, implement this risky plan into reality. What are the risks and is it possible to avoid punishment? Let's figure it out.

The thought of fleeing the scene of an accident occurs to many drivers, especially if other cars and people were seriously injured due to their fault.

Road accidents, as defined by the Road Traffic Rules, include events that occur with the participation of a vehicle and cause damage to cars, cargo, structures, and cause harm to the health and life of people. The obligation to remain at the scene of a road incident for all drivers - both the perpetrators and the victims - is established by the Russian Traffic Regulations.

According to the traffic rules, after an accident occurs, its participants must take a number of measures , such as:

take care of the victims (provide emergency assistance, call a medical team, take them to the hospital);
record the circumstances of the accident by photographing/videoing and drawing up a diagram;
clear the road of cars so as not to impede traffic;
find witnesses and record their contact information;
call the police or agree with other participants in the car accident to independently resolve the conflict, draw up a European protocol.

If the driver leaves without complying with these requirements, he will face inevitable punishment.

Why do motorists flee the scene of an accident?

Drivers leave the scene of an accident for various reasons:

Intentionally leaving the scene of an accident

Most often, those involved in an accident try to escape because they hope to avoid responsibility for the traffic violations they committed, damage to property, and harm to the health and lives of people. This mistake is especially often made by those responsible for accidents who are intoxicated.

Unintentionally leaving the scene of an accident

It is not always the case that a driver fleeing the scene of an accident wants to escape responsibility.

Sometimes the culprit of an accident simply does not notice that he damaged someone else’s car.

For example, when leaving a parking lot, it hits the bumper or mirror of a nearby car and scratches the body. The owner of the damaged car is not nearby, the alarm does not work. The guilty driver does not notice that he has damaged someone else’s property and goes about his business with a calm soul. Another situation is also possible. After the accident, the drivers agreed to resolve the conflict without involving the insurance company and the traffic police, exchanged phone numbers and parted ways. But one of them, after some time, came to the scene of the accident again and called the police. The second one was automatically considered to have fled the place where the road incident occurred.

When the accident is not serious, the driver can leave the scene of the accident without noticing the damage caused to someone else’s car

If the driver left the scene of the accident without malicious intent and can prove it, then it is likely that the court will acquit him.

How will they punish a driver who left the scene of an accident without injury or death?

In paragraph 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, we read that a driver who does not remain on the spot after a traffic accident that does not contain signs of a criminal offense is deprived of the right to drive a car and other vehicles for 1-1.5 years. He may also be arrested, the period of arrest will be a maximum of 15 days.

How will a driver who leaves the scene of an accident with dead/injured be punished?

If people were injured or killed in a car accident, then the punishment for it is no longer established by the Code of Administrative Offenses, but by the Criminal Code of the Russian Federation (Article 264). In this case, leaving the scene of the accident will be regarded as an aggravating circumstance, equivalent to being behind the wheel while intoxicated. You can see the penalties in the table.

will be sent to perform forced labor. Maximum period – 3 years

deprived of freedom. Maximum term – 4 years

In both cases, the person responsible for the accident is prohibited from working in certain positions or performing a number of activities for up to 3 years.

imprisoned for 2-7 years;
will be banned for up to 3 years from working in a number of positions or carrying out certain types of activities.

imprisoned for 4-9 years;
will be banned for up to 3 years from working in a number of positions or carrying out certain types of activities.

How is the punishment given?

A traffic police inspector may issue a fine for failure to perform actions related to an accident in the amount of 1,000 rubles. Decisions on all other types of punishment (forced labor, deprivation of a driver's license, arrest) are made only in court.

A negligent driver's license can only be revoked through court

As for the terms of sentencing, they are as follows:

no more than 2 months are given to obtain a decision in administrative cases (Article 4.5 of the Administrative Code);
3 months are allocated to obtain a court order and punish the culprit;
the decision on the offense (Article 12.8 and Article 12.24 of the Code of Administrative Offenses of the Russian Federation) must be issued within 1 year.

When should you leave the scene of an accident?

if a car accident is registered without the participation of the traffic police - after drawing up a European protocol and transferring it to the nearest police department or traffic police post;
if a car accident is registered with the participation of the traffic police - after drawing up and signing a protocol on an accident , a protocol on an administrative offense. Law enforcement officers can detain a participant in a traffic conflict. The grounds for this may be, for example, the driver’s lack of documents, his potential danger to surrounding people, etc. Part 1 of Article 27.5 of the Code of Administrative Offenses establishes the maximum period of administrative detention. Participants in an accident cannot be forced to remain at the scene of the accident for more than 3 hours from the moment the traffic police are notified of the traffic accident.

If people are seriously injured in an accident, the participant in the accident can take them to a medical facility in a personal car. He must immediately report the traffic incident to the traffic police or the police and, after handing over the victim to medical workers, immediately return to where the accident occurred. If this is not done, the driver may be considered to have fled the scene of the offense.

Can a driver who leaves the scene of an accident go unpunished?

If the scene of the accident was left unintentionally and the culprit manages to prove this, for example, using recordings from surveillance cameras or testimony of witnesses, then the court may rule in favor of the driver.

You can also avoid punishment if the culprit of the accident has compelling reasons to leave the scene of the accident. For example, he was transporting a seriously ill person to the hospital and, having had an accident, did not stop to carry out the actions prescribed by the traffic rules. But if the driver did the same thing, being late for a meeting or to the airport, this will not be considered a valid reason, since there was no threat to human life.

Thus, in order to avoid punishment, it is necessary to prove to the court that the driver left the scene of the car accident without malicious intent.

What is the statute of limitations for leaving the scene of an accident?

Article 4.5 of the Code of Administrative Offenses of the Russian Federation states that the decision on the punishment for administrative offenses must be made within up to 3 months . If during this time the judicial authorities have not issued a ruling on arrest, deprivation of rights, or assignment to forced labor, sanctions for disappearing from the scene of an accident will no longer follow.

But you need to remember that even after 3 months, the injured party can demand compensation from the driver for the damage that was caused to her as a result of the car accident. The deadline for filing a claim in court, according to the Civil Code of the Russian Federation (Article 196), is 3 years from the date of the incident . And if there are injuries or deaths as a result of an accident, the statute of limitations for criminal cases applies - from 2 to 15 years, depending on the severity of the crime (Article 78 of the Criminal Code of the Russian Federation).

In an attempt to avoid responsibility by leaving the scene of an accident, most drivers only increase their punishment.

Leaving the scene of an accident is a big mistake. It is almost impossible to remain unpunished today, when CCTV cameras are installed almost everywhere and cars are equipped with GLONASS systems. Therefore, flight will only aggravate the punishment that awaits the culprit of the accident. Remember this and follow traffic rules and laws.

Responsibility for leaving the scene of an accident

Leaving the scene of an accident by the driver - responsibility and punishment for leaving the scene of the accident

The article considers the issues of qualifying the actions of drivers when imposing punishment for leaving the scene of an accident, as well as issues of exemption from administrative and criminal liability for leaving the scene of an accident.

The content of the article:

Drivers involved in road accidents leave the scene of an accident for various reasons. The motives and goals of such behavior are different. For some, this is a way to avoid punishment for a traffic accident, others hide in order not to advertise their participation in a traffic incident, others find the damage caused insignificant and, not wanting to waste precious time on paperwork about the incident, do not report it to Traffic police

Intentional leaving the scene of a traffic accident by the driver of a vehicle

Regardless of the reasons why the driver fled from the accident without properly registering his departure, liability arises. How the actions of such a participant in the accident will be qualified depends on many factors, including the severity of the consequences of the accident, its circumstances and causes, and whether the driver is at fault for violating traffic rules.

When analyzing the actions of the offender, it is important to establish with what form of guilt it was committed. It depends on what rule of law liability will be imposed and what punishment will be imposed on the escaped driver.

The legal basis establishing the responsibilities of a driver involved in an accident for resolving the issue of bringing to responsibility for leaving the scene of an accident is the norms of clauses 2.5, 2.6, 2.6.1 of the Road Traffic Rules of the Russian Federation.

Clause 2.5 of the Traffic Regulations of the Russian Federation establishes:

In the event of a traffic accident, the driver involved in it is obliged to immediately stop (not move) the vehicle, turn on the hazard warning lights and display an emergency stop sign in accordance with the requirements of paragraph 7.2 of the Rules, and not move objects related to the incident.

As you can see, this rule prescribes the driver’s first duty - “not to move” the vehicle involved in the incident.

Clause 2.6 of the Russian Traffic Regulations prescribes:

If people are killed or injured as a result of a traffic accident, the driver involved in it is obliged to: ...write down the names and addresses of eyewitnesses and wait for the arrival of police officers.

The second duty of the driver in an accident with victims is to remain at the scene of the accident until the police arrive.

Clause 2.6.1 of the Rules prescribes the procedure for drivers to act in case of accidents without injuries. Analysis of this rule allows us to draw conclusions about the conditions under which the driver has the right to legally leave the scene of the accident.

A). In case of disagreement in assessing the causes of a road accident, after notifying the police about the incident, at the direction of the police officers , to go to the nearest traffic police (OVD) post for the purpose of completing documents, after recording the circumstances and traces of the incident;

IN). If there is no disagreement in assessing the causes of a road accident, the police are not notified of the incident. The decision to leave the scene of an accident is made by drivers independently in the following situations:

to go to the nearest traffic police (OVD) post to draw up documents about the road accident, after recording the circumstances and traces of the accident;
for drawing up the Europrotocol;

if each driver does not need to complete documents.

Persons brought to justice should remember that punishment can be determined both according to the provisions of Article 12.27 of the Code of Administrative Offenses - Code of Administrative Offenses of the Russian Federation, and according to Article 125 of the Criminal Code - Criminal Code of the Russian Federation. Proven intent aimed at failure to fulfill the duties of a driver involved in a traffic accident is the basis for bringing the offender to legal liability.

Without going into the theoretical aspects of the concept of the category “intention,” we will explain that intentional actions are the conscious and desired actions of a person whose goal is the deliberate failure to fulfill the obligations specified in the traffic rules discussed above. An example of clear and unveiled intent is a driver who has committed an oncoming collision leaving the scene of an accident.

Often the intention of the violator is hidden. For example, in a tangential collision with a stationary vehicle in public parking areas, when the driver of a moving car does not maintain a safe interval between his and the car standing next to him, damages it, and then leaves the scene of the accident in the hope of remaining unnoticed.

Administrative liability and punishment of a driver for leaving the scene of a traffic accident

The norm establishing the administrative responsibility of drivers who left the scene of a traffic accident is Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, which reads:

Leaving the scene of a traffic accident in which he was a participant in violation of the Traffic Rules by the driver entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

The statute of limitations for bringing to administrative responsibility for committing the offense in question, according to Article 4.5 of the Code of Administrative Offenses of the Russian Federation, is three months. The beginning of the period is calculated from the moment of leaving the scene of the traffic accident.

The punishment is determined by the magistrate based on the results of consideration of the administrative protocol drawn up by the traffic police officer. At the same time, administrative arrest is considered a more severe measure of liability and is applied to persons who do not have the right to drive a vehicle or who have previously committed similar offenses, that is, those provided for in Chapter 12 of the Code of Administrative Offences.

The measure in question does not apply to the following categories of drivers (Part 2, Article 3.9 of the Administrative Code):

pregnant women;
women with children under 14 years of age;
persons under 18 years of age,
disabled people of groups I and II;
military personnel and other categories of employees specified in the law.

Criminal liability and punishment of a driver for leaving the scene of a traffic accident

Criminal liability for illegally leaving the scene of an accident is represented by the crime provided for in Article 125 of the Criminal Code of the Russian Federation “Leaving in danger”: Knowingly leaving without help a person who is in a condition dangerous to life or health and is deprived of the opportunity to take measures for self-preservation due to childhood, old age, illness or due to his helplessness, in cases where the perpetrator had the opportunity to help this person and was obliged to take care of him, or he himself put him in a condition dangerous to life or health.

The Plenum of the Supreme Court, for the correct understanding and application of the norm in question, clarifies the term “knowledge”, proposing to understand cases when the driver of the vehicle was aware of the danger to the life or health of the victim, who was deprived of the opportunity to independently seek medical help due to his infancy, old age, illness or helpless condition (for example, in cases where the driver fled the scene of the accident, did not call an ambulance, did not deliver the victim to the nearest medical facility, etc.).

This act falls into the category of crimes of minor gravity and provides for a wide range of penalties from a fine to imprisonment for up to one year.

Defense of a driver in cases of leaving the scene of a traffic accident

One of the most important areas of activity of lawyers specializing in protecting the rights and legitimate interests of motorists is protection from illegal prosecution of drivers who left the scene of a road accident under forced or controversial circumstances. For traffic police officers, the fact that the driver was not at the scene of the incident at the time of their arrival is grounds for initiating a case under Article 12.27 part 2 of the Code of Administrative Offenses of the Russian Federation.

Also, drivers often initially agree on compensation for damage without calling the police and do not properly formalize such an agreement. Later, the victim makes a statement to the traffic police about the incident and holding the second participant accountable for leaving the scene of the accident.

A common reason why drivers intentionally drive away or leave the scene of an accident, abandoning their vehicle, is threats, and often the use of physical and psychological violence, from other participants or “support groups”.

There are often cases of accidents in which a driver, while driving a car, causes minor and unnoticed damage to third parties. Without realizing the fact of the tangential collision and his involvement in the road accident, he unintentionally leaves the scene.

In all the examples discussed above, it is necessary to protect against unjustified prosecution. However, you should not aggravate your situation by resorting to illegal means, for example, offering money to police officers. There is a great chance of losing your driver’s license, money, and even freedom (Article 291 of the Criminal Code of the Russian Federation “Giving a bribe”). We strongly recommend that you involve a lawyer in your case and defend your rights using legal methods.

In conclusion of the article, we draw the attention of our readers to the possibility of obtaining legal advice on issues arising from the topics discussed in this article.

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Fine for leaving the scene of an accident

What is the fine for leaving the scene of an accident? Current fines in this article from the specialists of the website “Traffic Police Fines”.

The traffic police fine for leaving the scene of an accident in 2019 is:

Article 12.27.2 of the Code of Administrative Offenses of the Russian Federation

The law of the Russian Federation clearly states the driver’s responsibility for leaving the scene of an accident. A driver who leaves the scene of a road accident may, by law, lose his driver’s license or be subject to arrest for up to 15 days.

Leaving the scene of an accident has serious consequences. A significant proportion of motorists leave the scene of an accident due to inattention.

These measures are provided for in Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation - “Failure to fulfill duties in connection with a traffic accident.”

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Leaving the scene of a traffic accident by the driver in violation of the Traffic Rules

of which he was a participant - entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

What is the penalty for leaving the scene of an accident?

First, let’s figure out which incidents are legally classified as road accidents. What is a traffic accident?

Clause 1.2 of the traffic rules :
“Road accident” is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.

That is, road accidents include: collisions of two cars, collision of a car with a pedestrian(s), collision of a car with any foreign object. The important point is that the incident described must occur on the road.

Theoretically, even a scratch from a branch, a chip from a stone on the windshield, a flat tire, or falling into a large pothole can be classified as an accident. However, the traffic police does not punish for leaving the scene of such accidents, since only your personal property was damaged in them.

In 2019, for leaving the scene of an accident, the right to drive a car is deprived for a period of one to one and a half years or arrested for up to 15 days.

The statistics of court decisions is such that the most common punishment for leaving an accident is deprivation of rights. But it is worth considering that the inspector does not have the right to impose a punishment; the punishment and its severity are determined by the court.

When making a decision, the judge takes into account:

The primacy of the crime
The presence of malicious intent.

Often, drivers leave the scene of an accident because they were intoxicated at the time of the accident and thus try to avoid punishment. In addition, the judge will be especially strict when sentencing if the driver leaves the scene of an accident not for the first time.

Another common reason for leaving a date's place is simple inattention. One of the drivers in the hustle and bustle of a traffic jam may simply not notice the contact of a personal car with a foreign object. It even happens that the driver stops, but is too far from the scene of the accident.

This situation is not uncommon now. Motorists agree on the details of resolving the consequences of an accident verbally, drive away, and then one of the drivers, under pressure from others, announces the accident to the traffic police. Since there are no papers confirming the achievement of a peaceful agreement between the parties, the second participant is recognized as having left the scene of the accident without permission.

Fine for leaving the scene of an accident without injuries

Regardless of the presence of victims, the penalty for leaving the scene of an accident is the same: arrest for up to 15 days or deprivation of the right to drive a car for a period of one to one and a half years.

N 40-FZ “ On compulsory insurance of civil liability of vehicle owners .”

However, punishment can be avoided in several cases. You will not be fined for leaving the scene of an accident without injuries if:

As a result of the accident, there are no injuries, the amount of damage is small or practically absent, there are no claims from all parties involved in the accident. In this case, all participants in the accident can leave “in peace.” Hint: Even with this outcome of the situation, we recommend obtaining written confirmation from the participants in the incident that there are no claims on their part.
As a result of the accident, there were no injuries, no more than two cars were involved and they are insured under MTPL, the amount of damage is no more than 100,000 rubles,

In this case, the participants in the accident fill out and sign the notification of the accident on the spot - they draw up a European protocol. (Federal Law “On compulsory civil liability insurance of vehicle owners.” Hint: Even if not all drivers agree on who is at fault, the fine can be issued according to the European protocol.

In all other cases, leaving the scene of an accident will incur penalties: deprivation of rights or arrest for up to 15 days .

When will leaving the scene of an accident be unpunished?

Traffic police inspectors do not punish for leaving the scene of an accident only if the accident can be registered according to the European protocol, or if there are no victims and all participants in the accident admit that they have no claims against all participants in the incident. The second case is interpreted by the drivers themselves as the absence of an accident, because according to the law, an accident is an incident in which there are victims - cars, people, third-party objects.

Separately, it is worth paying attention to situations where drivers, trying to help victims of an accident, become guilty of a violation - they are held administratively liable for leaving the scene of an accident. Even if the driver left the scene of an accident for a very important and valid reason, he is obliged to return to the scene of the accident, otherwise he will be deprived of his license or arrested for up to 15 days.

Statute of limitations for leaving the scene of an accident

According to the Administrative Code, the statute of limitations for leaving the scene of an accident is 3 months. Those. If within three months the culprit has not been held accountable for leaving the scene of an accident, he will not be held accountable in the future.

Article 4.5. Limitation period for administrative liability

"1. A decision in a case of an administrative offense cannot be made after two months (in a case of an administrative offense considered by a judge - after three months) from the date of commission of the administrative offense for violation of the law..”

Unintentionally leaving the scene of an accident

It’s not a rare situation when a careless and inattentive driver is called to court: it turns out that he hit someone’s car while parking on one of the streets. The scratch is insignificant, but the victim, in search of truth and justice, went to court, and now the careless driver faces deprivation of his license.

How could this happen?

Everything is very simple. Even if the culprit of the accident did not know that he accidentally hit someone’s car, according to the law he is a violator - he unknowingly left the scene of the accident.

And the victim, seeing that someone scratched his car, seeks justice and compensation: he turns to the authorities to find the culprit. Police officers use their powers to find the culprit: they watch camera footage and interview witnesses.

The saddest thing in this situation is that the process does not have retroactive effect: even if the culprit confesses and is ready to compensate for the damage, he will still face trial and deprivation of rights “looms” in the near future.

Important: Even for unintentionally leaving the scene of an accident, you will be deprived of your license or arrested for up to 15 days.

Punishment for leaving the scene of an accident - administrative and criminal liability

Today we will talk about what a traffic accident is and what punishment you face for leaving the scene of an accident in 2019.

From January to May 2019, 55,722 road accidents occurred in Russia, while 6,673 people fled the scene of the accident, which is almost 12% of all drivers or every eighth.

It is necessary to understand what exactly is an accident - an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, or vehicles, structures, cargo were damaged, or other material damage was caused. However, there are some subtleties here, for example:

If you, while driving a car, hit a pedestrian, then this is a traffic accident. If the pedestrian himself fell onto a stationary car, then this is not an accident.

If a pedestrian is hit by a bottle thrown from a window, this is not an accident, but a load falling from a car onto another vehicle is an accident. A minor collision that does not cause damage to the vehicle (no scratches or dents) cannot be considered an accident.

In addition to general points, we examined the most common problems in separate articles:

Driver's actions in case of an accident

According to paragraph 2.5 of the Government of the Russian Federation of October 23, 1993 No. 1090 (as amended on December 19, 2014) “On the Rules of the Road,” the driver involved in an accident is obliged to fulfill the following points specified in the traffic rules.

In the event that there are injured or dead people as a result of an accident, the driver, based on paragraph 2.6 of the traffic rules, is obliged to perform the following actions:

If people are killed or injured as a result of a traffic accident, the driver involved in it is obliged to:

- take measures to provide first aid to the victims, call emergency medical services and the police;
- in emergency cases, send the victims along the way, and if this is not possible, deliver them in your vehicle to the nearest medical facility, provide your last name, registration plate of the vehicle (with presentation of an identification document or driver’s license and registration document for the vehicle) and return to the scene of the incident;
- clear the roadway if the movement of other vehicles is impossible, having previously recorded, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure, traces and objects related to the incident, and take all possible measures to their preservation and organization of a detour to the scene of the incident;
- write down the names and addresses of eyewitnesses and wait for the police to arrive.
(clause 2.6 as amended by Decree of the Government of the Russian Federation dated September 6, 2014 N 907)

This concerns exclusively the legal side of the issue. Now let's look at the procedure in case of an accident in our own words.

Stop transport. At this point, everything is clear, but you should take into account the fact that traffic police officers will measure the distance between cars. Therefore, if you are suddenly thrown into another lane, try not to move your car. This will avoid various claims from inspectors. Please note that you cannot drive a long distance from the scene of the accident.

Turn on the hazard warning lights .

Warning triangle. If both cars are located in the same lane, then we place both signs at the rear so that drivers driving in the same lane can see that they are approaching a dangerous area. In the event of an accident at an intersection, we place signs so as to cover dangerous directions, depending on the situation. In case of an accident in a place with limited visibility, the signs should be located first of all where it is most difficult to notice the accident. Important: keep an eye on your sign, as it can be damaged by other road users, as well as careless pedestrians.

We call the traffic police. Of course, the best option would be to leave everything as is and wait for the inspector to arrive. Since it is in your own interests to determine the exact culprit of the accident.

If there are victims , then we first call an ambulance, after which we independently provide all possible assistance. If you don’t know how to properly help a person, interview eyewitnesses, perhaps someone knows how to apply bandages or stop bleeding.

Record the location of the vehicles , debris, any dents, braking distances, and anything else that has anything to do with the accident. Then remove the car from the roadway, but only if it is blocking traffic and causing a traffic jam. If it is possible to organize a detour, then take advantage of this, since the more things you keep in the places where they were, the better for you.

According to paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 25, 2019 N 20 “On some issues arising in judicial practice when considering cases of administrative offenses provided for by Chapter 12 of the Code of the Russian Federation on Administrative Offences”, a driver involved in an accident is obliged to fulfill the above actions.

Taking this into account, the driver of a vehicle involved in a traffic accident is subject to administrative liability under Article 12.27 of the Code of Administrative Offenses of the Russian Federation.
In the event that the participants in a traffic accident are persons driving a bicycle, drivers or other persons directly involved in the process of road traffic (for example, a pedestrian, a passenger in a vehicle) and who have violated the traffic rules of the Russian Federation, their actions (inaction) can be qualified according to the appropriate parts of articles 12.29, 12.30 of the Code of Administrative Offenses of the Russian Federation. The actions of the driver of a vehicle, which form the objective side of the administrative offense provided for in Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, include failure to fulfill the duties provided for in paragraphs 2.5, 2.6 and 2.6.1 of the Traffic Regulations of the Russian Federation (for example, turn on the hazard warning lights and put up an emergency stop sign, do not move items related to the incident, take measures to provide first aid to the victims, call emergency medical services and the police).

Accordingly, the punishment will follow on the basis of current legislation.

Failure by a driver to fulfill the duties provided for by the Traffic Rules in connection with a traffic accident in which he is a participant, except for the cases provided for in Part 2 of this article, shall entail the imposition of an administrative fine in the amount of one thousand rubles. (as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated July 24, 2007 N 210-FZ)

Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation

What is the penalty and what is the fine for leaving the scene of an accident?

Any person involved in an accident, whether he is a passenger or a driver, is under the influence of stress, which means he may not control his actions and simply leave the scene of the accident, afraid of responsibility.

Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation

If the accident was serious, then some drivers begin to drink after the accident and feel sad about their former car, which is now beyond repair. According to paragraph 2.7 of the traffic rules, the driver is prohibited from consuming alcoholic beverages and psychotropic substances after an accident.

The driver is prohibited from:
consuming alcoholic beverages, narcotic, psychotropic or other intoxicating substances after a traffic accident in which he is involved, or after the vehicle has been stopped at the request of a police officer, before an examination to determine the state of intoxication or before taking decisions on exemption from such examination; (paragraph introduced by Decree of the Government of the Russian Federation dated January 24, 2001 N 67, as amended by Decree of the Government of the Russian Federation dated October 6, 2011 N 824)

Accordingly, violating this rule, the driver will have to bear responsibility under the article of the Code of Administrative Offenses for leaving the scene of an accident to the fullest extent.

Failure to comply with the requirement of the Traffic Rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he is involved, or after the vehicle was stopped at the request of a police officer, until an examination by an authorized official is carried out in order to establish state of intoxication or until an authorized official makes a decision on exemption from such an examination (as amended by Federal Law No. 4-FZ dated 07.02.2011) entails the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years. (as amended by Federal Law dated July 23, 2013 N 196-FZ) (part three introduced by Federal Law dated July 24, 2007 N 210-FZ)