The fine for driving under a brick
What is the fine for driving under a brick?
The legislation establishes certain rules for driving vehicles. All of them are contained in the text of the traffic rules. Violating the rules for driving a car on the road can lead to administrative liability and a fine. In order not to pay fines issued by employees of the state automobile inspection, you must follow all the rules. Also, when driving, you need to drive the car in accordance with the drawn markings on the road and the installed road signs.
The text of this article will describe the rules for driving a vehicle when there is a “brick” road sign, and the penalties applied to violating drivers will also be described.
General information
The installed “no entry” sign is called a “brick”. Its presence at the edge of the road means that the driver is prohibited from entering further territory. The punishment for driving under a brick depends on the extent of the violation. The following actions of a person driving a motor vehicle are recognized as violations:
- the driver enters an area in front of which there is a “brick” sign. In this case, he will be punished, since he committed an offense by ignoring the “entry prohibited” sign;
- the owner of the car or his authorized representative drives into the oncoming lane where a brick sign is installed;
- the driver enters a lane where cars are traveling in the opposite direction.
Russian traffic regulations state that under the brick sign, not all vehicles are prohibited from entering. There are exceptions to this statute's test. Some drivers will not be required to pay a fine for driving under a brick:
- managers of public vehicles - minibuses, buses. In general, those modes of transport that are designed to transport passengers;
- drivers of specialized vehicles equipped with blue flashing lights.
If the driver drove under a prohibiting brick sign, and he does not belong to the two above categories, then he will be held accountable.
Punishment for driving under a brick
The installation of a brick sign blocks convenient access to any objects for many drivers, and therefore they ignore the sign prohibiting entry, violating traffic rules. For violations of established driving rules, according to Russian legislation, punishment is imposed. What are the dangers of driving under a brick? Punishment for driving under a brick can be of two types:
- a fine, the amount of which is established in accordance with the Administrative Code of the Russian Federation;
- deprivation of the right to drive a motor vehicle.
Deprivation of a driver's license or a fine for driving under a brick is determined in accordance with the text of the Code of Administrative Offenses of Russia, depending on the circumstances of the offense:
- Driving in the opposite direction under a brick sign on a road intended for the movement of cars in one direction implies punishment in the form of:
- the fine is 5,000 rubles;
- deprivation of the right to drive a motor vehicle for a period of 4 months to six months.
- driving under an installed brick sign is punishable by paying a fine of 500 rubles;
- A fine will be charged for driving under a brick prohibiting sign in a lane intended for buses and minibuses. Its size depends on the city of Russia, whether the settlement is small or large. In cities of federal significance, a fine is imposed in the amount of 3,000 rubles, in small towns - 1,500 rubles.
Important! According to generally accepted legislative norms, a driver's license is revoked for a period of 12 months. Punishment in the form of inability to drive a car for one year is applied in the case where the driver twice violated driving under the brick sign within 12 months, and twice paid a fine of 5,000 rubles.
To summarize, it follows that violating a prohibiting entry sign can lead to serious consequences, especially if the driver is driving the car in the opposite direction on a single-lane road. The harsh penalty in the form of deprivation of rights and the collection of a large fine is due to the fact that by violating this rule, the driver risks not only his life, but also those of the drivers and passengers who are near his car.
Is it possible to appeal a fine?
You can appeal a fine if it was issued for driving under a brick by a representative of the state automobile inspection on the spot or the fine was sent by mail, since the violation was recorded by road surveillance cameras. There must be grounds for an appeal. Reasons for disputing may include the following conditions:
- When a fine is issued to a driver for prohibited entry onto a one-way road, he should make sure that certain signs are present. Road signs 5.5 and 5.6 must be installed on this section of the road;
- the brick road sign is not visible. The reasons for invisibility can be different, for example, it is bent, broken, hidden behind green spaces, fallen, etc.
It is possible to challenge a fine issued for driving under a brick sign if the sign prohibiting entry does not comply with the standards established by the state. By law, bricks can be installed at the edge of the road or above the road. The installation must also meet the following criteria:
- the visibility of the sign prohibiting entry must be at least 100 meters;
- installation of the sign from the edge of the road is from 50 cm to two meters;
- If a brick sign is installed above the road, its height should not exceed 3 meters.
This legislation provides two ways to challenge a fine for driving under a brick:
- on the spot when the traffic inspector issues a corresponding order. In this situation, you can get by with a warning;
- file a complaint with the competent authority.
If there are grounds, you can challenge the issued fine in two instances:
- in the department of the state automobile inspection;
- in a judicial institution.
To challenge a fine for driving under a brick, you will need documents, namely:
- ID card of the offending driver;
- evidence of innocence;
- a copy of the fine;
- statement;
- a receipt for payment of the state fee if the complaint is sent to the court.
In order for a competent person to accept a complaint for consideration, it is important to draft it correctly. The application must indicate:
- name of the addressee authority (court or traffic police);
- information about the applicant - full name, address, phone number;
- title of the complaint;
- descriptive part. In it you need to indicate the circumstances of the current situation, enter information about the decision and the person who issued it, make references to Russian legislation - to the Code of Administrative Offenses, indicate your disagreement with the fine issued, provide evidence of innocence;
- description of the request to remove the fine;
- list of acts attached to the complaint;
- date of execution of the document and signature of the applicant.
You can download a sample complaint from this link.
Important! The legislation provides for a ten-day period for appealing a fine issued for driving under a brick.
What is the current fine for driving under a “brick” sign?
✅ | What is the fine for driving under a “brick” sign? In what cases can rights be revoked? Details in the article from the specialists of the website “Traffic Police Fines”
Traffic police fine for “brick” (sign 3.1 “entry prohibited”) in 2019
Articles of the Code of Administrative Offenses of the Russian Federation 12.16.3, 12.16.1, 12.17
Checking and paying traffic fines 50% discount
We are checking information about fines,
please wait a few seconds
Road sign 3.1., “brick”
“Brick” can now be found in catering establishments, shops, on the packaging of consumer goods, etc. Everywhere a red circle with a white stripe is a sign of dangerous movement and unacceptable action.
Among motorists who have had a license for a long time, it is not customary to discuss the consequences of driving under a brick. All drivers simply know that such traffic violations should be allowed as a last resort and only as a last resort. In this regard, psychologically, a fine for a brick can be equated to a fine for crossing a double solid line.
Fine for driving under a brick
In fact, everything is both like this and not like that at the same time. The punishment for driving under a brick varies depending on the situation:
- Article 12.16.3 of the Code of Administrative Offenses of the Russian Federation. Penalty for driving against the direction on a single-lane road where a “brick” sign is installed; (fine 5,000 rubles or imprisonment from 4 to 6 months);
- Article 12.16.1 of the Code of Administrative Offenses of the Russian Federation. Fine for driving “under a brick” into the yard; (fine 500 rubles);
- Article 12.17 of the Code of Administrative Offenses of the Russian Federation. Fine for driving under a brick in bus lanes. (fine 1,500 rubles (MSK and St. Petersburg 3,000 rubles).
Deprivation of rights for driving under a “brick”
Note: Repeated “brick” for “oncoming traffic” per year is 5,000 rubles if the violation is recorded by a traffic police camera and imprisonment for a year if the traffic police inspector is alive.
Traffic police inspectors often confuse the penalties between various violations, united under the general name “fines for bricks.” Thus, an inattentive driver, instead of an ordinary fine of 500 rubles , can pay an amount 10 times greater. To understand what fine for a brick is provided in your case, carefully study the circumstances of a particular violation.
All cases of entry under the “brick” sign (table)
Traffic police fines for “brick” (table)
Type of fine
Article of the Administrative Code
Amount of traffic police fine
Penalty for driving against the direction on a single-lane road where there is a “brick” sign
Article 12.16.3 of the Code of Administrative Offenses of the Russian Federation
5000 rub. or deprivation of rights for up to 6 months
Fine for driving “under a brick” into the yard
Article 12.16.1 of the Code of Administrative Offenses of the Russian Federation
Fine for driving under a brick in bus lanes
Article 12.17 of the Code of Administrative Offenses of the Russian Federation
Repeated “brick” for “oncoming traffic” within 1 year.
Article 12.16.3.1 of the Code of Administrative Offenses of the Russian Federation
Deprivation of rights (if employee) / 5000 rub. (if camera)
What is the fine for a brick in 2019?
As such, there is no single concept of a “fine for a brick” in 2019 . The brick only indicates the inadmissibility of movement in a certain direction, and the severity of the crime is determined by the specifics of the section of the road network on which sign 3.1 “entry prohibited” is installed.
The worst thing, both from the point of view of common sense and from the point of view of the law linked to this concept, is driving under a brick installed on a one-way road. Ordinary drivers speeding along such a road do not expect to encounter a car quickly approaching them. A traffic police officer who witnesses such a gross offense will certainly issue a fine of 5,000 rubles, and possibly deprive the driver of his license for up to six months).
The law is much more accepting of drivers who “sneak” under a brick into a yard or other area adjacent to the road. It is understood that one can drive in any direction in this territory; only entry into it from a certain direction is condemned. There is a fine of 500 rubles.
Fashionable innovation of the traffic police brick on the bus lane. The measure was taken to discourage drivers from even sticking their noses out onto the dedicated lane. The fine for such an offense is a decent 3,000 rubles (with a discount of 1,500 rubles), but no one takes away your rights.
How to appeal a fine for a brick?
A fine for a brick can easily be appealed in the courts of first instance (the courts to which the section of the road where the offense allegedly occurred is assigned).
We can say that a fine “for a brick” is generally one of the most appealed offenses in the field of traffic. Vague wording, bribe-taking, severity of responsibility and signs not installed in accordance with GOSTs lead drivers to court.
To appeal a fine for a brick in court, you need to collect as much evidence as possible that the inspector’s decision is dubious. Take a photograph of the location, the condition of the sign itself, any obstacles preventing its identification, check with city planners for plans with notes on road signs tied to specific streets.
Fine “per brick” with a 50% discount
All subtypes of fines “for bricks”, that is, Articles 12.16.3, 12.16.1 and 12.17 of the Code of Administrative Offenses of the Russian Federation, starting from January 1, 2016, are subject to Federal Law N 437-FZ, dated December 22, 2014. In other words, they can be paid within 20 days from the date of receipt of the fine, with a 50% discount.
That is, the fine under Article 12.16.3 of the Code of Administrative Offenses of the Russian Federation instead of 5,000 rubles is 2,500 rubles, the fine under Article 12.16.1 of the Code of Administrative Offenses of the Russian Federation instead of 500 rubles is 250 rubles, and the fine under Article 12.17 of the Code of Administrative Offenses of the Russian Federation instead of 3,000 rubles is 1,500 rubles.
The only fine “for a brick” that cannot be paid with a discount in 2019 is the fine under Article 12.16.3.1 of the Code of Administrative Offenses of the Russian Federation - repeated, within a year, driving under a “brick” sign on a one-way road.
Fine for driving under a brick
There is a category of signs called prohibitory signs. If you do not comply with their requirements, a very severe punishment will follow, since such an offense is considered serious.
It’s worth taking a closer look at the features of the “brick” prohibition sign. Perhaps everyone knows that driving under it is strictly prohibited. It remains to be seen whether this rule applies in all situations, and what fines are provided for violating traffic rules in this case.
Use of the "No Entry" sign
The sign indicating a prohibition of entry is indicated as a rectangular white “brick” in a red circle. This is a prohibition symbol. It is installed in front of the zone into which any or specific vehicles are prohibited from entering. The sign is usually used to prevent travel in the oncoming lane, but different options for its installation can be specified.
- Preventing entry onto the road with the opposite direction of traffic. Having ignored the sign, the car will start driving towards the traffic flow. Serious accidents are inevitable.
- There are roads on which only route transport is supposed to travel. These lanes are specially designated for the movement of route public transport, and ordinary cars are prohibited from entering this part of the road.
- This sign is installed very often:
- in places for recreation;
- in parking lots;
- at gas stations.
In this way, it is possible to regulate and delimit traffic, indicating the entry and exit from a certain area.
- There may be a stationary obstacle on the road that cannot yet be eliminated. Then a sign is installed prohibiting travel in this direction, but allowing detour traffic. In this way, the driver is clearly warned that problems lie ahead.
- The sign is placed in front of those places where it is generally prohibited to enter.
Penalties for ignoring the "brick" sign
Entry is prohibited, but the driver continues following the sign. The punishment will depend on specific factors.
First, the location and meaning of the sign are taken into account. That is, you need to assess what consequences could accompany the violation of the rules.
Secondly, the inspector also takes into account the following circumstance:
- that the driver could have violated the ban for the first time;
- Similar violations of the rules have already been noted.
Measures of influence in different circumstances
First circumstance. The “brick” was installed on the adjacent territory. For example, in front of one of the entrances to the parking lot. Violation of the ban will not be severely punished. The driver will remain with a license, but will pay a fine of 500 rubles. (conditions of Part 1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation). Perhaps the inspector will condescend to issue a verbal warning.
Second circumstance. A more serious offense is considered to be entering a road on which only route transport can travel. They will be fined 1.5 thousand rubles. In the capital and St. Petersburg, the fine is twice as high - 3 thousand rubles.
Third circumstance. By driving into the lane with oncoming traffic, the driver puts the lives of many people in mortal danger. One of two possible punishments will follow under the terms of Part 3 of Art. 12.16 Code of Administrative Offences:
- fine - 5 thousand rubles;
- deprivation of rights from 4 months. up to 6 months
If a fine is imposed, it is not possible to further punish the driver by depriving him of his license.
Fourth circumstance. Traffic police officers recorded a violation in the form of driving onto the road with oncoming traffic. As it turned out, this is not the first time that the driver has neglected this rule. Then he will be deprived of the right to drive for 1 year.
However, if this violation was recorded by a road video camera, a more lenient sanction will be applied - a fine of 5 thousand rubles will be imposed.
What tips might be useful for a driver?
Advice one. It so happened that for some reason a citizen drove under a brick. Traffic police officers recorded a violation. You should ensure that the correct article applies to your particular situation. After all, they can impose the punishment required for driving into oncoming traffic. And instead of 500 rubles you will have to pay 5 thousand.
Tip two. The sign must be installed according to all rules. The management of an enterprise or organization may exceed their authority and install a “brick” without permission in order to protect themselves from other people’s cars entering the adjacent territory.
Such a sign is not valid if its installation has not passed all stages of approval by the relevant authorities.
Tip three. It happens that a sign is installed, but the driver cannot see it. That is, he:
- covered with wood;
- incorrectly deployed;
- at a certain moment he was covered by a large car.
That is, when installing it, state regulations were not observed. standards. It should be confirmed that in the indicated position a person simply cannot see the sign. You will need to take appropriate photos or record the location of the sign, at least on your phone.
Such a fine can be challenged. The reason will be the following argument: the sign is poorly visible.
Read here what the fine is for failure to register a car.
Video: Fine for driving under a “brick”:
Punishment for driving under a brick in 2019 - fine or imprisonment
How many times during his driving does a motorist encounter a “no entry” sign? Agree, quite a lot. Approximately only once does the desire arise to break the ban and drive under the sign, taking a shortcut. What driving under a “brick” can lead to: a fine or other punishment depends on the situation. To understand the details, read this article.
Road sign 3.1
This sign belongs to the category of prohibitions, that is, providing for the absolute impossibility of the driver to follow the sign.
A ban on movement under a “brick” sign can be:
- if the driver enters a road where only one-way traffic is allowed on the opposite side. You should pay attention to whether there are special signs indicating the beginning and end of a one-way road (signs 5.5 and 5.6);
- if, after entering sign 3.1, the car begins to move along a lane intended exclusively for route and public transport;
- if travel through the territory (adjacent to something - supermarket, gas station, underground parking) is prohibited. In this case, at the exit point there must be a sign “exit onto a one-way road”;
- if the sign is in a place where there is a need for a detour (for example, due to repair work), and therefore movement is expressly prohibited.
It is important to understand that prosecution under the Code of Administrative Offenses for driving under a brick can result in a fine only if the requirements for the visibility of the installed road sign are met. So, if real visibility does not allow you to see a sign more than 100 meters away when moving, you can fight in court for the groundlessness of bringing to administrative responsibility.
When appealing the decision, it will be necessary to present supporting evidence of the inability to distinguish the meaning of the road sign.
In other cases, there may be various interferences that affect the driver’s perception of the installed “brick” sign.
Thus, an entry ban may be blocked from drivers by trees, buildings, technical devices - such situations on the road are rare, but they do happen. In order to record important circumstances, a note should be made in the protocol that the “brick” was not visible to the car owner and indicate what exactly it was covered with.
In practice, there are cases when, on a highway with a complex road junction, the sign was obscured from view by a truck parked on the side of the road, and therefore the court of second instance canceled the decision to impose administrative liability.
According to GOST, the sign must be placed directly on the road surface or to the right of it, not covered by anything and clearly visible. In any other cases, it will not be difficult to challenge the legality of the decision.
Entry is prohibited under penalty of fine
The mildest punishment for driving under a “brick” awaits those who ignored the ban on entry in parking lots, gas stations, access roads to government and medical institutions, etc. Such violations are considered non-compliance with the requirements of traffic rules signs, that is, they fall under Part 1 of Art. 12.16 Code of Administrative Offenses of the Russian Federation.
In practice, there are cases when traffic police inspectors, with full confidence in their correctness, issued a fine of 5,000 rubles or drew up a report with the deprivation of a driver’s license for a period of 4-6 months. Out of ignorance, many motorists (mostly inexperienced, with little experience) really believe that they have committed a serious traffic violation, that is, driving into the oncoming lane.
At the same time, you need to know your rights: in the situations described, the amount of the fine will not exceed 500 rubles, since there was no traffic in the oncoming lane as interpreted by the Traffic Rules. At the same time, a warning may be an alternative punishment.
In some driving situations there is no liability at all. Thus, according to judicial practice and the Resolution of the Plenum of the Armed Forces of the Russian Federation, “traffic” laws do not provide for any penalties for driving in reverse on a one-way road. In this case, if during such movement the “entry prohibited” sign was violated from the opposite side, the motorist will not be held accountable.
If the driver did not comply with the requirements of the prohibitory sign and, having passed it, continued driving in the lane for public (route) transport, he will face a monetary penalty in the amount of 1,500 rubles.
Let us remind you that in 2019, every driver has the right to pay half of the fine imposed (provided that payment is made within 20 days), including the fine for driving under a brick.
When rights are deprived
If, while driving under a brick, a motorist drives into the oncoming lane, then a fine (in the amount of 5,000 rubles) is rarely applied; most likely there will be a deprivation of rights for up to 6 months.
The fact is that in this situation the driver commits a gross, double violation of traffic rules, thereby creating the most dangerous situations on the road. A head-on collision between two cars, one of which was moving under a prohibitory sign, is far from uncommon.
If a similar violation was committed again, then most likely the inattentive driver will be deprived of the right to drive for a period of one year. The only exception to this rule is when violations are recorded by video cameras - then you will have to pay 5,000 rubles.
Let's sum it up
Briefly, all of the above cases can be reflected in the table:
Fine for driving under a brick
The problem of driving in the wrong place is still relevant for car drivers. A fine for driving under a brick is one of the ways to deal with rule violators. Since the additional conditions of this offense may differ, the amount of the penalty for it will vary.
What is the fine for a brick provided for by Russian legislation?
The amount of the fine for this violation depends on the location of the sign. Let's present the information in a table.
Sign location
When entering a road where minibuses can drive in a certain lane;
When entering an adjacent territory where entry from the adjacent direction is prohibited;
Warning or fine 500 rubles;
When entering a road with one-way oncoming traffic;
Deprivation of the right to drive from 4 to 6 months or a fine of 5,000 rubles;
For re-entering a road with one-way oncoming traffic;
Deprivation of rights for a year and a fine of 5,000 rubles.
Additional conditions of punishment for “brick”
Not all drivers know that a “brick fine” can be canceled if a number of conditions for its location are not met.
Additional conditions for travel to a brick fine 2019 include:
- A one-lane road with oncoming traffic must be marked with signs “Beginning of a one-way road”, “End of a one-way road”;
- At exits from adjacent areas onto a one-lane road there should be a sign “Entering a one-way road”;
- Signs must be located to the right of the roadway or above the road, unless otherwise specified;
- The sign must be visible from a distance of 100 m.
Therefore, if the location of the sign does not provide for its absolute visibility, the driver may be exempt from sanctions or their size must be changed: what fine you will have to pay for a brick depends on what and where this “brick” was.
An important point is the possibility of appealing a fine.
How can you appeal a fine for driving under a brick?
The right to appeal a decision is possible if:
- File an appeal within 10 days;
- If your offense is overestimated by the inspector, you can make a note of disagreement on the protocol, since you did not see this sign and why you did not notice it.
When and how is it possible to “brick”?
The fine for driving under a brick is quite a large amount. Here are a few tricks that will reduce sanctions for driving under the sign:
- You can drive into oncoming traffic in reverse and then move along the lane in the right direction. Of course, if you do this carefully in the absence of traffic, then you can save on a fine by receiving a censure for violating the markings and sign instructions for 300 rubles. But it’s better not to try, since an experienced traffic police inspector can catch you and you may not notice a passing vehicle with all the ensuing disastrous consequences.
- If the entry was made onto an adjacent road under a brick, feel free to defend a fine of no more than 300 rubles.
If you refuse to pay this fine, your car may be placed on a “brick” blocker. Here is such a “brick” for “brick”.