Fine for failure to give way to a car

Fine for not giving way to a car

Fines Online > Types of fines > Fine for not giving way to a car

Not every driver can boast that he is sufficiently attentive, quick to react, and also polite. Many have other qualities: a passion for high speeds and impudence when required to give way.

Need to figure it out:

what is the requirement to give way;
which driver should yield when changing lanes at the same time, when making a U-turn, when the road narrows and at an intersection;
Which categories of vehicles have priority rights in these circumstances?

The concept of "give way"

The "Give Way" sign is installed:

in places with poor visibility;
on difficult turns;
in any zone - both within the city and on the highway.

This is a way to make the general movement safer. The traffic rules also indicate other situations when the driver is obliged to give another car the right to drive on the road.

Firstly, you should yield the right of way to special traffic. transport. However, in this case, a specialized vehicle must drive:

with flashing light;
with the signal on.

Secondly, the road is given way to another vehicle if this vehicle is an obstacle on the right.

Thirdly, the assignment of the right of movement is intended:

for pedestrians;
for cyclists.

The consequence of an offense, if noted in such situations, is the imposition of penalties. However they are minor. Rather, for prevention.

Violations of these rules on major highways and within cities are recorded by video cameras. The driver is sent a notice of fine by mail. It is advisable to periodically check whether fines have been imposed and whether everything has been paid on time (if there is any accruing debt).

The most dangerous violations

If you choose the most dangerous of all possible violations when driving through a sign obliging you to give way, then this is leaving:

from a minor road;
on turns where visibility is poor;
from surrounding areas.

It is in such situations that if you do not give way, a collision can easily occur. The consequence is a side impact.

The driver did not give way: what fine (other kind of punishment) awaits him

High fines are not imposed for such traffic violations.

If such a violation is recorded for the first time, the inspector may limit himself to only a warning. Such a lenient punishment is possible in cases where the offender:

showed inattention;
did not create an emergency situation by his actions.

The traffic inspector may impose a not too onerous fine - from 500 rubles. up to 1.5 thousand rubles.

Special circumstances

It is worth considering in more detail other situations when the driver ignores the rules.

A frequent violation of traffic rules is the driver’s intransigence, when the right of movement must be given up during a maneuver such as changing lanes. The driver is not driving in his lane, but is not going to change lanes in a timely manner. For example, if you need to go to the right. A turn is approaching, the car owner turns on the signal. And then he immediately tries to squeeze into the far right lane to complete the maneuver.

However, turning on a signal indicating an intention to turn does not give the right of way. As a result, the relevant articles of the traffic rules are violated, and both the rule violator himself and other car owners who had the right of way when driving in their lane may suffer.

Even if there was no collision, an emergency situation was still created. The fine can be 500 rubles or 1000 rubles. Usually the traffic inspector independently decides whether an emergency situation has really been created or not.

Giving way to special or public transport

The media often broadcast incidents in which participants commit lynching of drivers who do not allow ambulances or other special vehicles to pass. But here, too, one must act according to the law.

If the driver does not yield the right of movement to a special purpose vehicle, he is punished under the terms of the Code of Administrative Offenses:

a fine of 500 rubles. (minimum, for inattention);
a fine of 1 thousand rubles. (maximum for deliberate violation of the rules);
deprivation of driving rights for a quarter (if the rules are ignored by the driver too brazenly).

Only those “risky daredevils” who have already been fined for such insolence are deprived of their rights.

Uncourteous behavior towards a cyclist or pedestrian

The budget of a driver who did not want to let a pedestrian or a person riding a bicycle pass, if such “impoliteness” is detected, will be reduced by 1.5 thousand rubles. This is like the first warning. These amounts are unlikely to intimidate overly self-confident drivers, but they will still make you think. After all, they can then lose their rights.

In addition, cases of serious injuries and even deaths of pedestrians crossing streets at pedestrian crossings have become more frequent in recent years. The guilty driver expects:

deprivation of rights for a long period;
criminal penalties (possibly imprisonment);
payment of large compensation sums to injured persons.

Also, under the terms of Article 264 of the Criminal Code of the Russian Federation, a traffic violation violator can be deprived of freedom and rights at the same time. And you will have to pay for material, moral damage, and the costs of restoring your health in any case.

How much is the fine for driving under a “brick” in 2019, read here.

Video: Is overtaking a car with a special signal on the right a violation?

Fines for not giving way. How to prove innocence?

Many accidents occur because the driver does not give way to those to whom he is obligated. As a result, changes are regularly made to the Code of Administrative Offenses of the Russian Federation to toughen the punishment for this violation.

As a result, the following story happens quite often: a driver, having accelerated, did not allow a pedestrian to pass at a zebra crossing - and then he is surprised to find a “chain letter” in his mailbox with a receipt for a fine and a photograph of his violation.

What to do to prevent this from happening - and how to protect yourself if a fine has already been imposed?

○ What does it mean to not give way?

First of all, let’s figure out what it means from the point of view of the right to “give way.” Traffic regulations provide for a number of situations when one of the traffic participants has the priority right to pass or pass if it is a pedestrian.

In this case, the term means that the driver of a car that does not have such an advantage must not start, resume or continue a movement or maneuver if in doing so he forces the one who has the advantage by virtue of traffic rules to change the direction of movement or speed.

In practice, the advantages are:

Those who are moving on the main road - in front of those who are on the secondary road (if there is a corresponding sign at the intersection).
Special vehicles equipped with appropriate signaling devices and turning them on: police cars, ambulances, firefighters, etc.
Route vehicles - buses, trolleybuses, minibuses, etc.
Pedestrians moving along crossings.
Cyclists - when turning.

In the event that during movement the advantage of each of these categories was not given, the culprit will face punishment. Let's figure out what the culprit may face.

○ Current fines:

✔ Didn't give way to the car.

In the event that the driver does not give way to a car that, due to traffic regulations, had the right of way, the culprit will face the following punishment:

According to Part 2 of Art. 12.13 Code of Administrative Offenses of the Russian Federation - in case of violation of the rules of passage at an intersection. If a driver there does not give way to someone who has the right of way, he will be punished with a fine of 1,000 rubles.
According to Part 3 of Art. 12.14 Code of Administrative Offenses of the Russian Federation - during maneuvering. According to this norm, in case of such a violation of traffic rules, the culprit will be punished with a fine of 500 rubles. However, in this case it is possible to replace the punishment with a warning.

✔ Cyclists and pedestrians.

For those situations where the driver did not allow a cyclist, pedestrian or someone else who is not a vehicle driver to pass, but who has an advantage in a particular case, punishment is provided under Art. 12.18 Code of Administrative Offenses of the Russian Federation. The punishment here is a fine of 1,500 rubles , and no alternative is provided - that is, it will no longer be possible to get off with a warning.

✔ Special transport.

Finally, a separate category of violators consists of those who do not allow cars with special signals on, as well as special inscriptions and color markings to pass through. They will face punishment under Part 2 of Art. 12.17 Code of Administrative Offenses of the Russian Federation. Here there is already an alternative: depending on the specific circumstances of the offense committed, the perpetrator may face either a fine of 500 rubles or deprivation of rights for a period of one to three months .

In the same case, if there are no markings, but the flashing lights and siren are on, the culprit will be liable under Part 1 of the same article. Here the punishment will be a fine in the same amount of 500 rubles - however, it can be replaced with a warning. In addition, the same punishment applies to cases where the driver did not miss the route transport.

○ Lawyer's advice: how to avoid a fine.

Well, now let’s figure out what needs to be done to avoid a fine or, even worse, deprivation of rights.

First of all, of course, you need to carefully study the traffic rules. Although every driver must prove their knowledge of this document in an exam, changes are regularly made to the Rules. Knowing the traffic rules, they must be observed.

In the same case, if you are already threatened with a fine, everything will depend on the specific circumstances. In particular, if you didn’t let a car through because the markings were erased or the sign was hard to see, record the markings and sign with at least a mobile phone camera. In this case, you will have proof that the offense was unintentional.

If you are threatened with a fine for not allowing a pedestrian to pass, remember:

You are obliged to give advantage only to those who have already crossed the center line . According to clause 4.6 of the traffic rules, the line that separates traffic flows on any road is a place where a pedestrian can further assess the safety of the crossing and adjust their speed. Accordingly, until such a correction, you have no way of knowing whether you will force the pedestrian to change their speed or trajectory - and, therefore, do not violate their right of way. This rule is especially fixed by the decision of the Supreme Court of the Russian Federation No. AKPI12-205 dated April 12, 2012. This is what you can refer to if a traffic police inspector accuses you of continuing to move through an unregulated zebra crossing when someone was approaching it from the opposite side a pedestrian. This practice exists, but fines in this case would be illegal.
However, if you notice that a person is approaching an unregulated crossing from the opposite direction, you should slow down and evaluate how fast you and he are moving. You can move without stopping only if you obviously have time to pass before the pedestrian approaches the center line.

To avoid being fined for not allowing special vehicles with flashing lights to pass, use the following:

When you hear the signal, immediately turn right, even if you are stuck in a traffic jam. If there is a video recording, this will be proof that you have started the maneuver and are ready to give way.
If a protocol is drawn up, indicate in it in your own hand: “I did not violate the rules, I was ready to give way and began the maneuver.”
You must only allow special vehicles with a flashing light and siren on. If there is no siren, you are not required to give way.

Finally, regardless of what the protocol is being drawn up for, be sure to include witnesses in it who will confirm your innocence, and also take a copy. By virtue of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation are obliged to give it to you. With a copy of the document in hand, you can continue to fight.

Give way to pedestrians or let them pass? New rules! The episode of the “Main Road” program will talk about this.

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

Penalties for failure to provide an advantage in 2020

Good afternoon, dear reader.

Traffic rules regulate the order in which vehicles move on the roads. One of the main issues that traffic rules solve is which of the traffic participants can pass first in a given situation, that is, who has the advantage.

This article discusses the penalties for failure to provide an advantage:

Fine for failure to give priority to pedestrians

Failure to comply with the requirement of the Traffic Rules to give way to pedestrians, cyclists or other road users (except for vehicle drivers) who have priority in traffic, -

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

The fine for not allowing a pedestrian to pass is 1,500 - 2,500 rubles .

For example, such a fine may be imposed if a car turns at an intersection and does not yield to a pedestrian:

Exactly the same fine is imposed for failure to provide an advantage to other road users other than vehicle drivers.

Fine for failure to provide priority to special transport

In this part of the article we are talking about vehicles that have special light (flashing lights) and sound signals turned on.

Let's consider parts 1 and 2 of Article 12.17 of the Code of Administrative Offenses:

1. Failure to provide priority in movement to a route vehicle, as well as to a vehicle with a blue flashing light and a special sound signal turned on at the same time -

entails a warning or the imposition of an administrative fine in the amount of five hundred rubles .

2. Failure to provide priority in movement to a vehicle that has special color schemes, inscriptions and designations applied to the outer surfaces, with a blue flashing light and a special sound signal turned on at the same time -

shall entail the imposition of an administrative fine in the amount of three thousand to five thousand rubles or deprivation of the right to drive vehicles for a period of three months to one year.

Please note that the amount of punishment for the driver depends on which vehicle he did not give way to:

if we are talking about a civilian car with a blue flashing light and a sound signal, then the driver will receive a warning or 500 rubles ;
if we are talking about a company car with color schemes (ambulance, police, rescuers), which has a blue flashing light and a sound signal, then the punishment for the driver will be more serious - 3,000 - 5,000 rubles or deprivation of rights for 3-12 months.

In addition, a fine of 500 rubles may be imposed for failure to provide priority to a route vehicle. For example, leaving a stop.

Fine for failure to give right of way to a car at an intersection

2. Failure to comply with the requirement of the Traffic Rules to give way to a vehicle enjoying priority right of passage through intersections –

entails the imposition of an administrative fine in the amount of one thousand rubles .

This fine may be imposed if the driver did not give priority to another car. For example:

when entering an intersection on a secondary road to a car driving on the main road;
when turning left to an oncoming car driving straight or to the right;
when the traffic light turns green to a vehicle that did not have time to complete the maneuver.

Penalty for failure to provide priority to a vehicle in other cases

3. Failure to comply with the requirement of the Traffic Rules to give way to a vehicle enjoying the priority right of movement, with the exception of cases provided for in Part 2 of Article 12.13 and Article 12.17 of this Code -

entails a warning or the imposition of an administrative fine in the amount of five hundred rubles .

A fine of 500 rubles (or a warning) is imposed on the driver in all cases when it is necessary to give way outside the intersection. For example:

When leaving the adjacent territory for vehicles on the road.
When making a U-turn outside an intersection, oncoming and passing vehicles.
When changing lanes, cars moving without changing direction.

Table of fines for failure to provide an advantage in 2019

Let's look at the above fines in table form:

Amount of fines for failing to give way

| Sore details | 0 |

In order to ensure safety and order on the road, there are many rules and regulations governing road traffic. And some of these rules are recognized to indicate which road users have the right of way and which are required to give way to ensure the normal flow of traffic.

But sometimes it happens that these rules are violated, which can not only disrupt the flow of traffic, but also create the threat of an accident. In this article we will talk about what offenses are associated with failure to provide an advantage, and we will also talk about what fines face those who do not give way.

Amount of fine

Obstructing the movement of cars and other road users is a very serious offense that has many nuances. And first of all, what the fine will be is influenced by the road user whom the driver did not let pass. There are different fines for obstructing traffic:

An ordinary car;
Cyclist;
Pedestrian;
Special transport.

Let's look at them all.

Didn't give in to the car

The most common case is when two cars cannot pass each other on the road. In this case, you can receive one of two fines:

If you do not let a car pass at an intersection, the fine will be 1,000 rubles. At the same time, the one you didn’t let through should have the right of way on the road. Part two of Article 12.13 of the Code of Administrative Offenses of the Russian Federation is responsible for the fine;
If you do not allow a car to pass on the highway while performing a maneuver, the fine will be 500 rubles. However, the circumstances of such a violation vary, and in some cases, instead of a fine, a warning is issued or the violation is completely ignored. Part three of Article 114 of the Code of Administrative Offenses of the Russian Federation is responsible for the fine;

Cyclist or pedestrian

The current standards do not distinguish between a pedestrian and a cyclist crossing the road in designated places, although cyclists are given the opportunity to move along special paths. If a pedestrian or driver had the right of passage and crossed the road at the designated place, the fine will be 1,500 rubles. In this case, the circumstances are not taken into account - a fine is issued in any case. The fine is subject to Article 12.18 of the Code of Administrative Offenses of the Russian Federation;

Special transport

The most serious violation associated with obstructing traffic is if the driver does not give way to special vehicles. It does not matter where and how you are driving - if the special transport of the special services makes it clear that it is necessary to clear the road, then you need to obey and move to the side.

The punishment, as in the case of obstructing the movement of an ordinary car, depends on the circumstances:

If you did not allow a special services vehicle to pass with its audio and light signals turned on, the fine will be only 500 rubles. But, depending on the circumstances, you may also be deprived of your rights for three months or other penalties may be applied;
If you did not miss a special vehicle that did not have special markings other than audio or light signals, then the fine will be 500 rubles . In addition, in some cases the driver may simply be released after a warning;
If you do not allow public transport to pass along a specially designated line, the fine will be 1,000 rubles. And if you do this in Moscow or St. Petersburg, the fine will be 3,000 rubles.

Is it possible to avoid

Drivers who have been fined for failure to give priority to other road users often turn to lawyers with the question “How to avoid a fine and is such a possibility in principle?” Yes, it is possible to avoid paying this fine, since it is very specific, and in order to issue it, the inspector must take into account many conditions. Let's look at all the possible ways to avoid a fine:

Point out that there are no markings or signs giving other road users the right of way. This is especially true in cases where the dispute involves pedestrians crossing the road in the wrong place;
If the dispute concerns a pedestrian walking in a designated place across the road, then you can prove your innocence by citing the fact that at the time of your movement the pedestrian had not yet stepped on the center line;
If they want to fine you for not giving way to special vehicles, then you can prove that you simply had nowhere to go. This is especially true for cities with dense traffic;
In either case, you can argue that you had a duty to maintain your course to ensure the safety of road users or to prevent an accident. In this situation, particularly strong arguments and reliable evidence will be required.

What is the fine for not giving way?

Thousands of people die on the roads every year, usually due to non-compliance with traffic rules. Statistics for 2017 show a 10% decrease in the number of fatal accidents compared to 2016. An increase in the size of fines for drivers for traffic violations plays a significant role in the positive dynamics.

According to the traffic rules, there is a list of circumstances in which the driver is obliged to give way to persons who have the right of way.

General information

The requirement stated in the traffic rules as “give way” implies that the driver should not start or continue driving, as well as carry out other maneuvers that could entail a change in the direction of movement or speed of other highway participants who have the right of way. The advantage, in turn, is expressed in the right to priority movement in the intended direction.

The following have the right of right of way on the road:

cars moving on the main road relative to those on the secondary road, if the corresponding road sign is installed at the intersections;
pedestrians walking along the roadway in places marked by road signs or special crossing markings;
special equipment, in cases where signaling equipment is turned on, for example, an ambulance, fire truck, police and other authorities with priority rights;
cyclists preparing to make a turn;
blind pedestrians, regardless of the crossing location, when signaling to drivers with a white cane.

Ignoring priority rights on the road may entail punishment under the Code of Administrative Offenses of the Russian Federation.

Fine failure to give way to vehicle

According to Article No. 12 of the Code of Administrative Offenses of the Russian Federation, drivers who do not give way to cars moving along the main road at an intersection are subject to administrative liability, as well as fines in the amount of 1,000 rubles. The same amount is provided for motorists who interfere with the movement of other vehicles traveling in the transverse direction. Similar situations can arise as a result of a car driving into the middle of the intersection, in the direction of movement of other vehicles, at the moment of congestion.

When maneuvering in violation of the rights of another car enjoying priority, with the exception of the cases described earlier, drivers are subject to a fine of 500 rubles or a warning (Article No. 12.14 of the Administrative Code)

Amount of fine if you fail to give way to a cyclist or pedestrian

A driver who fails to give way to a cyclist or pedestrian is also subject to administrative liability. In this case, the object of the offense will be road safety. The driver is obliged to give way to a pedestrian crossing the roadway, both at a regulated and non-regulated crossing.

According to the Traffic Regulations Decree of October 23, 1993, a “pedestrian” is a civilian who is outside a vehicle on the roadway, pedestrian crossing or bicycle path. Based on the definition, cyclists are also considered to be pedestrians. The amount of the administrative fine if the driver does not give way in these cases will be the same.

Responsibility for violation of Article No. 12.18 of the Code of Administrative Offenses of the Russian Federation provides for a fine in the amount of 1,500 to 2,500 rubles.

If you do not give way to special equipment

Special equipment refers to vehicles equipped with light and sound signals for ambulance, emergency and police assistance. Such vehicles have the right of way. Both drivers and pedestrians, cyclists and other road users must allow cars to pass.

The driver’s obligation to allow special equipment to pass arises if the warning equipment is activated.

Punishment for the offense is provided for in Article No. 12.17 of the Code of Administrative Offenses of the Russian Federation and is expressed in the form of a warning or a fine of 500 rubles. The same liability arises in case of failure to provide priority to route transport.

In a similar situation, if special equipment has not only special equipment, but also an external color system, inscriptions and designations, the punishment may be more severe, up to the deprivation of a driver’s license from one to three months.

Is it possible to avoid punishment?

In our time, it is almost impossible to avoid punishment or appeal a traffic police fine recorded by a photo or video camera. However, the legislation of the Russian Federation provides for circumstances that can mitigate the consequences of an offense:

blurred road markings or lack thereof;
damage to road signs;
availability of testimony in favor of the driver;
emergency condition of the road resulting in an offense;
malfunction of traffic control, as well as devices for determining speed limits.

In any of the above cases, it is necessary to enlist the support of other road users, witness testimony or any other irrefutable evidence, for example, DVR recordings, photographs from the scene of the violation.

You can appeal a fine issued within 10 days from the date of receipt of the decision on traffic violations.

If the offense was committed by the driver, it is most reasonable to pay the imposed fine within 20 working days, then the amount of the penalty is halved.

To protect yourself from unplanned expenses, you should follow traffic rules and promptly give way to special equipment, cyclists, pedestrians and other vehicles that have priority traffic rights.