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Obstruction of overtaking penalty

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Avtopravozaschita.RU

What is the fine for obstructing overtaking?

There are often cases when drivers perform certain actions that prevent other participants in traffic from starting, continuing or completing their maneuvers.

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This case includes the so-called obstacle to overtaking. Is there a violation of traffic rules (hereinafter referred to as the Rules) and liability in accordance with the current Code of Administrative Offenses (hereinafter referred to as the Law) when carrying out such illegal actions?

Definitions

All necessary definitions are given in clause 1.2. Rules

Thus, overtaking is understood as being ahead of one or more vehicles, associated with driving into oncoming traffic and then returning to one’s lane.

The concept of “impeding overtaking” is not given in the Rules, but a definition can be given based on its meaning. Impeding overtaking means the overtaking person committing intentional and conscious actions that will create unjustified difficulties for the overtaking person in carrying out the maneuver.

Legislation

Section 11.3. The rules prohibit a citizen driving an overtaken car from taking conscious actions that prevent the driver driving an overtaking car from completing the maneuver.

Such actions of the Rules include:

  • increasing the speed of movement;
  • other actions.

basic information

For violation of the overtaking procedure, the punishment is usually assigned according to one of the 5 existing parts of Art. 12.15. Law.

The driver may be punished for the following offenses:

  • for violation of Section 9 of the Rules regarding the order of vehicle placement (for example, when occupying left lanes outside city boundaries when there are free right lanes - clause 9.4 of the Rules) - 1500 rubles;
  • for failure to comply with the requirements of clause 9.9. Rules, that is, for riding on bicycle paths - a fine of 2000 rubles. (Part 2);
  • for driving around an obstacle in oncoming traffic in violation of the Rules (for example, if there are 3 lanes on the road, the middle of which is used for both passing and oncoming traffic, and the driver occupies the far left lane, liability will arise under Part 3 of Article 12.15., which provides for penalties from 1000 to 1500 rubles);
  • for overtaking through a continuous road or under a sign 3.20., as well as in other cases when overtaking is prohibited by the Rules, markings or signs - a fine of 5000 rubles. or cancellation of the temporary residence permit for a total period of up to six months (part 4 of article 12.15.).

However, for failure to comply with the requirements of clause 11.3. Rules Art. 12.15. The law does not provide for any liability.

The only exception is the failure of heavy truck drivers to comply with the requirements of clause 11.6. Rules - for this they will incur sanctions under Part 1.1. Art. 12.15. Law (details below). All other drivers who prevent overtaking in any way will remain unpunished.

What could be an obstacle to overtaking?

The rules, among the intentional actions that prevent overtaking, include increasing the speed of the overtaken person or other actions.

The legislator did not indicate which specific “Other actions” can be classified as such.

It seems that such actions in practice will be:

  • deliberate misleading of the overtaken person by giving certain signals with a turn signal or hand (clause 8.2 of the Rules - turn signals must not be misleading);
  • dangerous approach of the overtaken person to the overtaking person (for example, the overtaken person taking to the left, instead of, on the contrary, clinging as close as possible to the right edge of the road).

In general, by analogy with the law, parallels can be drawn here with the definition of “Give way”, which is given in paragraph 1.2. Rules

That is, “do not interfere with overtaking” - this means not performing any maneuvers or actions that will force (force) the overtaking person to change driving direction or speed, or not completing the maneuver by returning to the previously occupied lane without overtaking the interfering vehicle. .

So, a little earlier we found out that preventing overtaking is a violation of clause 11.3. Rules, however, the current version of the Law does not provide for any liability for this.

However, there is one exception that we indicated earlier, namely clause 11.6. Rules

The regulatory provisions of this paragraph establish special requirements for drivers:

  • low-speed vehicles, that is, those whose maximum design speed cannot exceed 30 km/h;
  • Vehicles transporting large cargo;
  • Vehicles that “just like that” move at a speed of less than 30 km/h.

Slow-moving vehicles and those carrying large loads must be marked with special identification marks. Therefore, it will not be difficult to distinguish them.

For drivers of the above vehicles, clause 11.6. The rules require outside populated areas, in road conditions in which overtaking is difficult, to give way to moving cars from behind. It seems that drivers of heavy trucks should move as far to the right as possible, or even pull over to the side of the road to allow those behind them to pass.

If this requirement is not met, the trucker will be held liable.

Penalties

For obstructing overtaking, drivers of cars and trucks that do not have special identification signs indicating low speed or transportation of large cargo do not face any liability.

If the speed of the vehicle does not exceed 30 km/h according to technical specifications, or the “Large Load” sign is installed, or in other cases, driving at a speed of 30 km/h or less outside cities, the driver who did not allow vehicles behind to pass will be charged to the answer to Part 1.1. Art. 12.15. The fine for obstructing overtaking is from 1000 to 1500 rubles.

According to Part 5 and Part 6 of Art. 23.3. Law, these cases are authorized to be considered:

  • head of the traffic police;
  • his deputy;
  • head of TsAFAP, his deputy;
  • commander of a separate regiment, company or battalion of the traffic police, his deputy;
  • traffic police officer with a special rank.

It is one of the above officials who will make the final decision on the amount of the administrative fine within the limits established by the Law.

Based on part 1.3. Art. 32.2 of the Law, this offense is not included in the list of exceptions. Accordingly, you can pay the imposed fine with a 50% discount if you do this within the first 20 days after the resolution is issued. If you miss the 20-day period, you will have to pay the full fine.

Is it possible to appeal

A fine for obstruction of overtaking imposed on a truck driver can be appealed in the standard manner - namely, in accordance with the provisions of Chapter 30 of the Law.

Since the resolution under Part 1.1. Art. 12.15. The law is passed by an official, in accordance with clause 3, part 1, art. 30.1. protest is made:

Part 2 art. 30.1. allows the protest to be sent to several authorities at once - for example, to the court and to a higher official at once. In this case, the protest will be considered by the court.

You can also file a complaint directly with the traffic police inspector who made the decision, bypassing higher-level structures and superiors. In this case, according to the norms of Part 1 of Art. 30.2. According to the law, the inspector is obliged to transfer the complaint to a higher authority/person for consideration within 3 days after receipt.

There is no need to pay a protest fee, as is expressly stated in Part 5 of Art. 30.2. Law.

We draw attention to the need to comply with the deadlines allocated for appeal. So, part 1 of Art. 30.3. The law establishes a mandatory rule on the period for appealing – 10 days from the date of receipt of a copy of the decision.

If the protest was submitted to an official, he will consider it within 10 days, if to the court - within 2 months. 3 days should be added to the specified time frame, during which the official will transfer the case materials to a superior (if the protest was submitted to the inspector and not directly to a superior person/body).

Based on the results of consideration of the protest, the court/official will make one of the possible decisions specified in Part 1 of Art. 30.7. Law. Within 3 days after the verdict is rendered, a copy of the decision is sent to the citizen by mail or delivered in person (Part 2 of Article 30.8 of the Law).

How to avoid punishment

Avoiding punishment is very simple - you just need to follow the rules.

Here are some tips that can help the driver avoid a fine:

  • If a citizen drives a vehicle whose speed is less than 30 km/h, you must remember clause 11.6. Rules requiring vehicles driving behind to pass if the road situation does not allow them to safely overtake a heavy truck;
  • it is necessary to constantly look in the rear-view mirrors and monitor the cars behind you - if the driver behind you signals with a turn signal, you should not change the speed and, if possible, take the extreme right position;
  • The left turn signal should be given in advance - otherwise, the driver behind may start overtaking, because he will be considered to have fulfilled the requirements of paragraph 1. 3 clause 11.2. Rules, and an accident will occur in which the driver making a left turn is found to be at fault.

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Clause 11.3 of the Russian Traffic Regulations – prohibition of preventing overtaking

Traffic regulations establish special requirements and conditions not only for overtaking vehicles, but also for overtaken vehicles. True, there is only one such requirement - a ban on preventing overtaking. This is exactly what clause 11.3 of the Rules talks about. It is quite simple, containing only one sentence, but there is an important subtlety in it.

Official interpretation for 2019

11.3. The driver of an overtaken vehicle is prohibited from impeding overtaking by increasing speed or other actions.

Last modified

Clause 11.3 has not changed even once since the date of introduction of the Rules - back in 1993. No further draft changes were introduced or even proposed as part of the initiatives. Does this mean that paragraph 11.3 is ideal and fulfills its instructions 100%? Of course no. Otherwise, there would not be so many accidents with the disputed guilt of the overtaking and overtaken vehicles.

Comments to clause 11.3 of the traffic rules

So, if you are being overtaken, you are prohibited from increasing your speed or otherwise preventing your car from being overtaken. What actions can be included in the word “other”? Most likely the following:

  • cutting off an overtaking person,
  • decreasing the lateral interval,
  • logically, even sounding a beep or blinking high beam headlights can be formally subsumed under the term “preventing overtaking.”

Below you can see typical violations of clause 11.3 by car drivers.

Left turn

Is turning left an obstacle to overtaking? No. In general, the term “obstacle” has a definition, but “obstruction” does not, and logic suggests that these are different terms in essence.

In this matter, the trajectories of the vehicles intersect. So it's a matter of priorities. The obligation to give way is clearly stated in the traffic rules, and the overtaking person has such an obligation - clause 11.2 instructs him not to interfere (equally give way in the terminology of the traffic rules - clause 1.2) to the person being overtaken when returning to his passing lane. Does this mean that if you are overtaken, then you have priority in any case - even when turning left?

Of course not! It's very simple - when you turn left, you also have obligations to give way. And overtaking includes not only entering oncoming traffic and moving along it, but also returning to your lane.

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Ultimately, the practice of analyzing the traffic police and judicial practice suggests that in such a controversial situation the one who later turned on the turn signal is to blame:

  • if they started overtaking you when your turn signal was already on (you indicated your intention to turn left), then clause 11.2 of the traffic rules prohibited another car from overtaking,
  • if you have already been overtaken and after that you turned on the left turn signal, then you are obliged to give way to the overtaking person, but only guided not by paragraph 11.3 of the Rules, which we are discussing, but according to paragraph 8.1, which prohibits starting any maneuvers if interference is created for other road users.

Another subtlety of 11.3 - an explanation of speed

It consists precisely in the prohibition of preventing overtaking by increasing speed. It would seem, what could be confusing here?! It’s quite possible when they started overtaking you almost immediately from the start after an intersection, for example, when your speed is literally 5-15 km/h, and you just started accelerating.

In this case, does clause 11.3 of the 2019 Traffic Regulations require you to stop accelerating and “puking” these same 5-15 km/h while waiting for the other vehicle to complete the overtaking maneuver? Yes, formally this is exactly what the Rules indicate.

Indeed, in fact, increasing the speed in this case prevents overtaking. However, this can also be debated for a long time, because the traffic rules do not define the term “obstruction.” If we understand it as a precedent - there was an obstacle to overtaking only if you disrupted this maneuver for the overtaking person, and he did not overtake you, then the event of this confusing term took place. If the overtaking man has completed the overtaking maneuver, then where does the obstacle come from - after all, we allowed him to complete what he started!

This controversial subtlety lies in paragraph 11.3 of the Traffic Rules!

Just a reminder of what overtaking is

Surprisingly, some motorists, and occasionally law enforcers, confuse overtaking and advancing. The first is the second, associated with driving into the oncoming lane. If there was no oncoming traffic, then this is not overtaking.

This also applies to situations where:

  • a vehicle is ahead of another in the passing lane,
  • You are driving slowly and decide to let the cars behind you pass by moving to the side of the road - if you are ahead of them without entering the oncoming lane, then this is also not overtaking.


This is overtaking, and paragraph 11.3 applies in this case


And this is an advance, and 11.3 does not affect it

Consequently, paragraph 11.3 of the traffic rules has a clear prescription only in the case of overtaking. It is not applicable in forward situations.

Important note!

  • This article provides basic information, but each case is different.
  • In 92% of all situations there are important nuances that can affect the outcome of the entire case.
  • An experienced lawyer will study all the materials of the case and indicate in which direction to move.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

or consult toll-free: 8 (499) 938-43-58 (Moscow), 8 (812) 425-13-31 (St. Petersburg), 8 (800) 350-14-83 (all of Russia).

Fine for violating clause 11.3 of traffic rules

It is not available for 2019. There is no structure to charge a driver for violating 11.3 of the Rules - this means that there is no corresponding article of the Code of Administrative Offenses that would provide for punishment for obstructing overtaking.

The closest article - 12.15 of the Administrative Code - provides penalties only for the overtaking vehicle, as well as for slow-moving vehicles that do not allow vehicles following them to pass. But there is not a word about preventing overtaking.

Another norm - Part 3 of Article 12.14 provides for a penalty of 500 rubles for failure to comply with the traffic rules requirement not to create interference in all cases, except for driving through intersections. It is this norm that is most often used by cunning traffic police officers in an attempt to issue a fine. But it is inappropriate here for the simple reason that it provides sanctions specifically for creating interference, and in our paragraph 11.3 the requirement is stated not to interfere, and not not to create interference, and these are different things according to the letter of the law.

However, this does not mean that you can violate 11.3 whenever you want. Nobody canceled the blame for the accident. In this case, if an accident occurs, for example, because you increased your speed when you were being overtaken, which is why the overtaking person did not have time to move into his passing lane, then a ruling will be issued against you to refuse to initiate a case. But the fault will be yours. Moreover, a collision with oncoming traffic is a very dangerous accident, and the Code of Administrative Offenses for the perpetrator of this provides for another article - 12.24, which provides for deprivation of rights, and sometimes it is possible to be charged under a criminal article (in case of death due to negligence).

Arbitrage practice

  • Decision No. 12-37/2013 of the district court in Bashkortostan left the driver’s complaint that he was illegally charged under Article 12.14 of the Code of Administrative Offenses for violating clause 11.3. And violation 11.3 was charged for turning left when another car was overtaking it. However, the court dismissed the complaint.
  • Decision No. 2-1/2015 of the city court of the Samara region that turning left does not constitute an offense in paragraph 11.3 of the traffic rules, that is, turning left is not an obstacle to overtaking, and other paragraphs of the Rules apply.

Obstruction of overtaking

Situations on the road associated with overtaking have many nuances and features. Drivers of passing vehicles may perceive overtaking as an unacceptable act and will begin to obstruct the overtaking person. Especially if there is a prohibiting marking line.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (812) 317-50-97 (Saint Petersburg)

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Under what conditions is obstruction considered unacceptable and what is the penalty for a motorist who consciously decides to interfere with overtaking?

What it is

Obstructing overtaking is an action on the part of the person being overtaken, aimed at impeding the movement of the overtaking person.

Difficulties can be of various kinds:

  • causing interference or obstruction;
  • influence on the forced stop of the overtaking person.

Difficulties arise as a result of increasing speed, deliberately reducing the distance between the overtaken vehicle and the one moving in front, colliding with the opposite side of traffic, or reducing the gap with the overtaking vehicle.

All events that fall under the category of obstruction of overtaking are conscious.

If a person notices that another car owner in his lane has turned on the turn signal on his car, then he should maintain the same speed. The overtaking driver, having made sure that the vehicle moving in front of him will not take legal or rash actions, begins to enter the second lane in the opposite direction.

When the overtaken vehicle turns on a flashing turn sign, which means changing into the lane of oncoming traffic, it can be interpreted as an obstacle to overtaking. A similar situation happens when the driver behind the car also starts moving into another lane.

Another example is when the car being overtaken begins to approach the overtaking car. These actions imply the deliberate creation of obstacles for a car driving into the oncoming direction.

The driver of the vehicle being overtaken begins to increase speed and reduce the distance to the car in front. This situation involves interference. As a result, the driver of the car, which begins to move at increased speed, prevents the desired maneuver from the other participant in the drive.

What does the traffic regulations say?

The traffic rules state that the driver of an overtaken vehicle is prohibited from preventing overtaking by increasing speed or other actions. In this case, this point acts as a source of blame for the overtaken driver if an accident occurs.

In other situations, the blame is placed on the driver who made a maneuver that involved driving into the oncoming lane and returning to his direction.

But regulatory documents provide for options when obstructing overtaking is not subject to punishment:

  • the car has to move into the oncoming lane with the turn signal on, because an obstacle (stationary object) appears in front of it;
  • the vehicle ahead turns on the turn signal and begins to prepare to turn left;
  • the vehicle ahead in front of the overtaken vehicle hurriedly crosses another lane;
  • at the end of the step involving overtaking, the car will not “fit” between the cars in the lane without interfering with the car being overtaken.

Clause 11.2 of the DD rules allows drivers to think that by turning on the turn sign, they are not preventing overtaking. But the situation is always considered in detail by traffic police officers. All factors and witness testimony are taken into account.

Having found out that the driver specifically took measures to impede the movement of overtaking vehicles, the inspector will impose a punishment on him.

The fact that inspectors are guided by clause 11.1 of the traffic rules is taken into account, which states that a person must make sure that his maneuver is correct and safe. You should analyze the state of the oncoming lane (its occupancy at a certain distance), look at the traffic behind and in front.

To overtake, there are certain areas where the maneuver is permitted. This is stated in the rules. And then the overtaking conditions are assessed.

Is it possible to prevent overtaking on a continuous road?

The situation when an overtaking vehicle begins to maneuver on a section of the road where a solid marking line is marked is considered popular among drivers. Moreover, for drivers performing such an action, and for drivers of vehicles that act as the car being overtaken.

The first ones break traffic rules. Others begin to be indignant, because the maneuver can lead to an emergency.

Obstructing overtaking is not justified in the following cases:

  • the overtaking vehicle is forced to make a maneuver to prevent a threatening situation for a person or other interests. This rule is being considered based on the lack of other options to prevent the threat.
  • the offending driver provided urgent assistance to the victims of the accident, namely, took them to the nearest medical facility.
  • the applied markings did not allow identifying a solid line or the road sign prohibiting overtaking was located in the wrong place.

If an obstacle appears in front of the driver (a stopped car or other stationary object), then he must let the traffic in the oncoming lane pass and drive into it to make a detour. Then he will not create conditions to prevent other motorists from overtaking.

The criterion implies the amount of damage resulting from the actions of the offender. The degree of damage resulting from the violation must be less than the amount of damage prevented by the overtaking vehicle.

Amount of fine

It was decided to classify obstruction of overtaking as a dangerous type of driving. These categories will be introduced in the future in the Code of Administrative Offences. For dangerous driving, a fine of 1,500 rubles is imposed.

Currently, a traffic police inspector, if there is clear evidence, can charge the driver of an overtaken car with an offense. It will be based on Article 12.15, which involves a violation of the rules for placing vehicles on the roadway. The administrative fine for such a violation is 1,500 rubles.

The traffic police inspector may find both drivers guilty. And everyone will be fined. Each person can use materials from their DVR to prove that they are right.

If the matter comes to trial, the judge’s decision depends on the availability of evidence, the circumstances of the accident and the position of the court itself. Often the court finds both drivers guilty.

By deciding to prevent overtaking, the driver can contribute to the negative consequences of this action. As a result, you may receive a decision to impose a fine. And sometimes the case can go to court, where the violation will entail compensation for damage to the overtaking car.

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Video: Overtaking, getting ahead, oncoming traffic

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

  1. Ask a question via the form (below) or via online chat
  2. Call the hotline:
    • Moscow and the Region - +7 (499) 110-56-12
    • St. Petersburg and region - +7 (812) 317-50-97
    • Regions - 8 (800) 222-69-48

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Obstruction of overtaking penalty

Hello, in this article we will try to answer the question “Impeding overtaking is a fine.” You can also consult with lawyers online for free directly on the website.

If they are overtaking you, then you do not need to try to increase the speed; on the contrary, slow down a little so that the driver fits safely into the lane.

The article stipulates the terms of deprivation - 1 year. Among other things, another innovation has been in effect since 2018. This is the subsequent receipt of a driver’s license in the event of its withdrawal by court decision as a result of a recorded offense of overtaking in a prohibited place.

Changes in fines for non-compliance with the “No overtaking” sign

To prove your innocence when overtaking a tractor, for example, you will have to find a very good lawyer. Otherwise, the actions will be considered unauthorized and a very significant fine will be issued. The only salvation for the Russian driver is the very poor quality of markings on the road. No court will be able to issue you a fine or deprivation if the markings exist only on documents.

Another overtaking rule that many people forget is related to the normal assessment of the road situation. First of all, this is a ban on overtaking cars moving ahead that have turned on the left turn signal to overtake or turn. In this case, overtaking and an accident will result in a fine of 5,000 rubles.

Violation of the integrity of the road surface in the form of large holes, dips or washed-out sections of the road will also be considered an obstacle.

Some opponents claim that it is prohibited to overtake in a convoy due to the lack of visibility, since the vehicle moving ahead limits it or completely blocks it. But such a statement is not consistent with paragraph 11.1 of the traffic rules, according to which the driver is obliged to make sure that the maneuver is safe.

Overtaking refers to the detour of one or more vehicles moving on the road, usually associated with the vehicle entering the oncoming lane. The sign prohibiting this maneuver has a personal number in the traffic rules - 3.20.

Crossing a single or double solid marking line

Is it possible to reduce the amount? In Russia, there is an attempt to save on a fine if you pay it within 20 days after signing the protocol.

In other words, if an accident occurs in front of the driver within the field of effect of the “Overtaking” sign, repair work is underway, a tree has fallen, a stationary boulder is lying, or an airplane has landed, you can go around it under the sign and through solid ones.

If other (fixed) signs on the road contradict temporary signs, drivers should rely on the meaning of the latter.

Is it possible to prevent overtaking on a continuous road?

In any case, if you collide with another car while you are in the oncoming lane, you will be found guilty of committing an accident. There are many limitations that are rarely taken into account by the driver on the track. For example, the “no overtaking” sign does not have sufficient respect among Russian motorists.

Life hack: If a traffic police officer tries to issue you a fine for avoiding an obstacle, try to clarify what he personally did to arrange options for avoiding a serious traffic obstruction. Article 49 of Order No. 185 of the Ministry of Internal Affairs of the Russian Federation directly indicates the need to take such measures. A frightened driver in a stressful situation is often unable to soberly assess the situation and is forced to trust his “interlocutors.”

Horizontal marking 1.6 is a dashed line, the length of the segments of which is three times greater than the distance between them.

Situations when overtaking is permitted and prohibited

The territory of this prohibition extends from the location of the sign to the nearest intersection or the end of a populated area (if the sign is installed inside a town, city, village, etc.).

Dangerous driving is a set of actions by a motorist that were performed within a short period of time and threatened the safety of other road users.

It is unsuccessful overtaking on the highway that underlies the majority of fatal accidents in Russia. The combined speed of oncoming participants in such accidents negates the use of the most advanced safety systems by automakers.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.

It is unsuccessful overtaking on the highway that underlies the majority of fatal accidents in Russia. The combined speed of oncoming participants in such accidents negates the use of the most advanced safety systems by automakers.

If the inspector decides to interpret the situation in his own way, we recommend contacting the traffic police duty department of the region in which this happened. Phone numbers are published on page 10 of the “Useful Book”.

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.

Road conditions tend to change every second. Situations arise in which the driver needs to make a quick and only right decision. One such situation is a sudden obstacle on the road that blocks further movement. How can you get around it without interfering with other traffic participants and without breaking existing rules?

The explanations published today by the traffic police leadership are addressed not only to drivers, but also to traffic inspectors. Some of them, even in accordance with the order of the Chief State Inspector of Road Safety of the Russian Federation, will be placed directly in all divisions of the traffic police.

We remove the conjunction “or” and the word “overtaking” from the sentence. The meaning of the sentence remains the same.

Of course, the Logan driver is to blame, BUT if the second driver had only started to slow down without steering, then only 2 cars would have gotten into an accident, and the bus would have continued moving. Brake and honk.

Well, most likely the Chevrolet didn’t slow down, after all, in the oncoming traffic and even overtakes, Logan at the last moment goes to ram, straight into the side.

There are special rules for its implementation. And it is not always possible to carry it out. Since 2010, many changes have been made regarding the traffic regime on roads in our country. The traffic rules reform also addressed the issue of overtaking.

According to GOST, it is prohibited to mark with a solid line immediately after a broken line. The distance of the marking line should be from 50 to 100 meters in length, and the visibility of the warning sign should be at least one hundred meters. If these conditions are violated, the driver will not have time to maneuver in time and overtake without consequences.

In a conversation with the inspector, draw his attention to the fact that the law prohibits driving into the oncoming lane in order to get ahead. You didn’t set out to overtake, but were already moving, having started the maneuver on an intermittent one, and ended on a continuous one. In this case, the vehicle positioning rule was violated, not the overtaking rule.

Often on the road you have to deal with people who behave rudely and go unpunished. And that's not right. In this regard, not long ago the Government introduced the concept of “dangerous driving”.

This is the name given to overtaking the vehicle in front, which involves leaving the lane in use. I would like to draw your attention to the fact that in this case we mean moving cars. If a vehicle that is standing in one place is ahead of itself, then this is called a detour.

In this case, you can reduce your costs by up to 50%. However, in 2018, the legislation was changed, on the basis of which the discounts provided do not apply to the following types of fines:

  • driving while drunk;
  • exceeding the speed limit by more than 40 km/h;
  • driving through a prohibiting traffic light;
  • driving into the oncoming lane when the “Overtaking is prohibited” sign is installed;
  • the driver caused a traffic accident - he became the culprit due to a violation of traffic rules;
  • driving a vehicle provided that it has not previously passed the appropriate legislative registration.

All motorists know that there are regulated and unregulated intersections. The second option differs from the first in the division of roads into main and secondary, one of them can change its direction. It is worth noting that priority signs are not valid on such sections of the road.

How can I challenge a fine for illegal overtaking?

According to statistics, on average about 10,000 people die from dangerous driving and almost the same number of people end up in hospital with serious injuries.

In addition, such a maneuver is dangerous for tram passengers. After all, they always walk around the tram from the front so that they can see the oncoming tram and oncoming cars. Therefore, a pedestrian simply will not see a car that is overtaking a tram. Likewise, the driver will not be able to notice in time a pedestrian jumping out from behind the tram. This is fraught with serious consequences.

This rule also applies to overtaking slow-moving vehicles.
Its crossing is possible only if absolutely necessary - to overcome an obstacle (for example, when going around the scene of an accident). In this situation, the driver of a white car violates the requirement of the road sign, enters the oncoming lane, and his actions will be qualified by the inspector under Part 4 of Article 12.15 of the Code of Administrative Offenses. It provides for deprivation of rights for 4-6 months. Ultimately the decision will be made by the court.

Is it possible to avoid punishment for overtaking on a solid road?

You cannot get ahead of the curve if:

  1. the driver of the car ahead gave a left turn signal;
  2. another car has already started overtaking;
  3. continuous movement in the oncoming lane;
  4. visibility on the road is assessed as poor;
  5. within 100 m there is a railway crossing at intersections;
  6. a car in the oncoming lane is moving at very high speed and there is a high probability of a head-on collision;
  7. movement occurs in difficult areas, such as a tunnel, steep sections of the highway, crossing a pond and more.

If it is determined that the object could have been bypassed on the other side, but you decided not to take advantage of this opportunity, then you will have to pay a fine.

Today, most highways are designed with four or more lanes with dividers between different flow directions. It is impossible to break the overtaking rules here, and traffic safety is significantly improved. On such roads, statistics show a much lower mortality rate with a much lower number of accidents.

The driver of the Logan is clearly to blame, and there is no need to say that the driver of the Chevrolet would have had time to brake, look at the speed there! At such a speed, the driver of the epic simply did not even have time to react. The Logan driver needs to learn to look in the mirrors. And another controversial issue is that the Logan driver pushed him to the side; perhaps the Chevrolet driver simply jerked the steering wheel while overtaking and he skidded to the side of the road.

Fines for illegal overtaking (where overtaking is prohibited and what is the fine for it)

The driver of the blue car is already overtaking the yellow car. Can the driver of a red car also overtake a yellow car? Will he violate clause 11.2 of the traffic rules? The situation is typical and those who drive on country roads see such maneuvers regularly and participate in them themselves.

Unfortunately, depicting all possible situations will require publishing a book, and more than one. We present the most complex and controversial cases. Despite the fact that some of them have not undergone changes due to amendments to the Traffic Rules and the Administrative Code, they still raise a lot of questions and clashes between the traffic police, drivers, lawyers and judges.

Read more:  Deadline for removing the repayment of an administrative penalty from an offender

It is noteworthy that, unlike Russia, in these countries, a driver who commits “aggressive driving” is subject to a fine, deprivation of his license, or even criminal prosecution.

Obstruction of overtaking penalty

Hello, in this article we will try to answer the question “Impeding overtaking is a fine.” You can also consult with lawyers online for free directly on the website.

If they are overtaking you, then you do not need to try to increase the speed; on the contrary, slow down a little so that the driver fits safely into the lane.

The article stipulates the terms of deprivation - 1 year. Among other things, another innovation has been in effect since 2018. This is the subsequent receipt of a driver’s license in the event of its withdrawal by court decision as a result of a recorded offense of overtaking in a prohibited place.

If the exam is not passed the first time - knowledge of traffic rules is tested - the driver has the opportunity to retake it in a week. You can take it until you receive a positive mark. You can start taking the exam only after the end of the treatment period.

Key Points of Improper Overtaking

This is the most common violation, which is punished quite severely in Russia today.
You need to understand that crossing a solid marking line means entering the lane of oncoming traffic with prohibitory signs. This violation has become the most serious cause of modern accidents and deaths on the roads, so the law treats such manifestations of inattention or indifference on the road harshly. To prove your innocence when overtaking a tractor, for example, you will have to find a very good lawyer. Otherwise, the actions will be considered unauthorized and a very significant fine will be issued. The only salvation for the Russian driver is the very poor quality of markings on the road. No court will be able to issue you a fine or deprivation if the markings exist only on documents.

Violation of the integrity of the road surface in the form of large holes, dips or washed-out sections of the road will also be considered an obstacle.

If we assume that the driver of a red car is prohibited from overtaking a yellow car until the blue car has completed overtaking, then it is prohibited to overtake any vehicle if there is a car in the oncoming lane at any distance from you (overtaking), which is generally absurd.

In which cases this maneuver is allowed and in which it is prohibited, you can find out in this article.

Prohibition of overtaking vehicles with illuminated turn signals

The accident would NOT have happened if the Chevrolet had slowed down, seeing that the moron on the lohan was stubborn (or did not see him)... Why did he? - Yes, because he has a free lane ahead!

Is it possible to reduce the amount? In Russia, there is an attempt to save on a fine if you pay it within 20 days after signing the protocol.

In other words, if an accident occurs in front of the driver within the field of effect of the “Overtaking” sign, repair work is underway, a tree has fallen, a stationary boulder is lying, or an airplane has landed, you can go around it under the sign and through solid ones.

If other (fixed) signs on the road contradict temporary signs, drivers should rely on the meaning of the latter.

Tags: obstacle to overtaking, accident

In addition to the markings and the “Overtaking prohibited” sign, there are several situations that are described in the law. In case the road markings are erased, you should understand that overtaking is not allowed in the situations described below. For all violations, a permanent fine of 5,000 rubles or deprivation of rights for up to 6 months is provided in particularly difficult circumstances when a violation is recorded.

Safety on the road is threatened by many factors: violations of rules, inattention and recklessness, drunk drivers. A very common fatality on the road occurs due to head-on collisions when the driver crosses a solid line while overtaking. However, the devil, as usual, is hidden in the details. In the language of the law, it can be difficult to prove that the overtaken tractor was actually the same “slow mover”. Again, according to the law, an approved slow-moving vehicle (tractor, grader, seeder, combine) must be equipped with a red or yellow triangle on the rear plane.

In Finland, if a foreign driver has committed a serious violation, his driver’s license will be returned only upon leaving the country.

The driver must calculate the time he needs for the maneuver so as not to make sharp turns or actions at the end that could interfere with the movement of other cars. In addition, a safe distance must be maintained between two vehicles.

It is noteworthy that in many other countries it already exists and motorists are even fined for it. We will talk further about what dangerous driving is, what types of it there are, and what penalties are provided for citizens.

It is unsuccessful overtaking on the highway that underlies the majority of fatal accidents in Russia. The combined speed of oncoming participants in such accidents negates the use of the most advanced safety systems by automakers.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.

The effect of the “No Overtaking” sign begins directly at the place of its permanent installation or at the location of its temporary orange version.

In order to avoid getting into an unpleasant situation on the road, we invite all readers to carefully study how various maneuvers can result in punishment for drivers. In the new edition, liability for some violations is somewhat mitigated, while for others it is significantly increased.

Penalties for dangerous driving in 2019

Road conditions tend to change every second. Situations arise in which the driver needs to make a quick and only right decision. One such situation is a sudden obstacle on the road that blocks further movement. How can you get around it without interfering with other traffic participants and without breaking existing rules?

Today, automobile lawyers can challenge any decision and resolution of the traffic police and even the court of first instance. Such help will be especially relevant for people who find themselves in an unpleasant situation and receive a prison sentence due to violating the rules.

We remove the conjunction “or” and the word “overtaking” from the sentence. The meaning of the sentence remains the same.

Of course, the Logan driver is to blame, BUT if the second driver had only started to slow down without steering, then only 2 cars would have gotten into an accident, and the bus would have continued moving. Brake and honk.

Traffic police fine for overtaking under an overtaking sign is prohibited in 2018

To be honest, the only one who is not at fault is the bus. One began to steer out of fright, the second, naturally, did not know about the existence of mirrors. The wines are 100% Lognaom. For me personally, this brand is like a danger light on the road.

There are special rules for its implementation. And it is not always possible to carry it out. Since 2010, many changes have been made regarding the traffic regime on roads in our country. The traffic rules reform also addressed the issue of overtaking.

Article 12.16 prohibits driving on a continuous lane and implies a fine of 5,000 thousand or deprivation of a driver’s license for 4-6 months.

If, when overtaking, you completed a maneuver on a solid road, and you were stopped by a traffic police inspector, you can challenge his claim, citing the absence or poor visibility of the demarcation line. Be sure to take a photo - this will be a strong argument in court. The absence of line 1.6, signs repeating it, or a contradiction between them excludes the possibility of violating the rules.

What is dangerous driving under traffic rules?

Often on the road you have to deal with people who behave rudely and go unpunished. And that's not right. In this regard, not long ago the Government introduced the concept of “dangerous driving”.

Advancing into the oncoming lane is advisable if the intensity of vehicle traffic, the capabilities of the overtaking vehicle, as well as road conditions allow driving at higher speeds. An obstacle to this may be cars ahead, but at a lower speed.

In some situations, traffic rules prohibit overtaking other vehicles on certain sections of the road.

The Traffic Rules clearly state that it is strictly prohibited to get ahead of a car that is overtaking due to the high probability of a collision. Problems with the traffic police inspector may arise when trying to overtake several cars at once, i.e. "Locomotive". It’s better not to do this, then a fine can be avoided.

U-turn - according to a separate article

Thus, it is dangerous driving that results from collisions with pedestrians who are standing at a stop waiting for transport, to move to the side of the road or to a pedestrian crossing.

Overtaking on the road is one of the most difficult maneuvers, and therefore requires great care, and most importantly, compliance with the established rules. A safety-conscious driver must make an analytical assessment of his own strengths, as well as the behavior of other road users. According to statistics, it is during overtaking that most traffic accidents occur.

It should be understood that passing cars in front is also unacceptable if there is a continuous strip on the road section.

In this picture, the car is crossing a solid lane, the crossing of which is prohibited in the Rules. Can a lane reserved for public transport moving in the opposite direction be considered an oncoming lane? Certainly. This is due to markings and signs.

You cannot get ahead of the curve if:

  1. the driver of the car ahead gave a left turn signal;
  2. another car has already started overtaking;
  3. continuous movement in the oncoming lane;
  4. visibility on the road is assessed as poor;
  5. within 100 m there is a railway crossing at intersections;
  6. a car in the oncoming lane is moving at very high speed and there is a high probability of a head-on collision;
  7. movement occurs in difficult areas, such as a tunnel, steep sections of the highway, crossing a pond and more.

Today, most highways are designed with four or more lanes with dividers between different flow directions. It is impossible to break the overtaking rules here, and traffic safety is significantly improved. On such roads, statistics show a much lower mortality rate with a much lower number of accidents.

The driver of the Logan is clearly to blame, and there is no need to say that the driver of the Chevrolet would have had time to brake, look at the speed there! At such a speed, the driver of the epic simply did not even have time to react. The Logan driver needs to learn to look in the mirrors. And another controversial issue is that the Logan driver pushed him to the side; perhaps the Chevrolet driver simply jerked the steering wheel while overtaking and he skidded to the side of the road.

Penalty for overtaking under an overpass

Please note that the words “overtaking” and “detour around obstacles” are connected by the conjunction “or”. This means you can remove this conjunction from the sentence along with the word “overtaking” or the words “detour around obstacles.” The spelling of the sentence will not be affected, but will allow you to understand what the author had in mind when writing this paragraph of the Rules.

We suggest starting the debriefing with standard cases of violation of the rules, for which your driver’s license will definitely be detained until a court decision. It must be said that in most cases in these situations the court will make a decision not in your favor. That is, he will be deprived of his rights.

It is noteworthy that, unlike Russia, in these countries, a driver who commits “aggressive driving” is subject to a fine, deprivation of his license, or even criminal prosecution.

Obstruction of overtaking penalty Link to main publication
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