Penalty for avoiding an obstacle in the oncoming lane

Is it possible to go around an obstacle through a solid marking line?

An accident, a crookedly parked car and other unpleasant circumstances with enviable regularity force drivers to violate traffic rules by driving into oncoming traffic. What to do if there is an obstacle on the way and there is a sidewalk on the right?

This situation is one of the worst. Logically, the driver becomes a hostage of circumstances and is forced to maneuver, violating a solid or double solid marking line, driving into oncoming traffic. Situations that can provoke such an action are a dime a dozen. An accident, including a serious one, when vehicles are physically impossible to remove from the roadway, improperly parked cars, a working tow truck or snowdrifts that interfere with travel and force you to drive into oncoming traffic.

First, let's look at the letter of the law. According to paragraph 9.1(1) of the traffic rules, “on any two-way roads, driving in the lane intended for oncoming traffic is prohibited if it is separated by tram tracks, a dividing strip, markings 1.1, 1.3 or markings 1.11, the broken line of which is located on the left.” The Code of Administrative Offenses devotes only a few lines to punishment for avoiding an obstacle, that is, a stationary object in a traffic lane (a faulty or damaged vehicle, a defect in the roadway, foreign objects, etc.), which does not allow one to continue driving along this lane. One of the parts of Article 12.15 reads: “Driving, in violation of the Traffic Rules, into a lane intended for oncoming traffic while going around an obstacle – entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.” Of course, this is not a deprivation of rights for 4-6 months, as in the case of overtaking in oncoming traffic, but, nevertheless, a rare person in this case is not overcome by righteous anger. It would seem, why the hell is a driver punished for a forced and involuntary maneuver? Let us remind you that driving around an obstacle on the sidewalk is also prohibited, and for this you will be punished with even more rubles - part 2 of Article 12.15 of the Code of Administrative Offenses, implies a fine of 2 thousand rubles.

How can we not remember that Article 2.7 of the Code contains the concept of “extreme necessity,” which is formulated as follows: “It is not an administrative offense for a person to cause harm to legally protected interests in a state of extreme necessity, that is, to eliminate a danger that directly threatens the person and rights of that person.” or other persons, as well as the legally protected interests of society or the state, if this danger could not be eliminated by other means and if the harm caused is less significant than the harm prevented.” Officials sometimes talk about it, saying that in the case of going around an obstacle in violation of a continuous marking line, you are acting in accordance with that very “extreme necessity”. Alas, their colleagues who issue fines have a different opinion.

Is it possible to cross a solid marking line when going around an obstacle?

Many drivers, while driving a vehicle, have encountered situations where it is necessary to avoid an obstacle in the oncoming lane. However, not everyone knows that such a maneuver is a gross violation of traffic rules and is punishable to the fullest extent, in accordance with the requirements of the articles of the Administrative Code. This is due to the fact that driving in the lane for oncoming traffic can result in the creation of an emergency situation and lead to casualties among those involved in an accident.

Concept of obstacles on the road

To understand in what situations it is possible to avoid an obstacle, you need to understand the definition itself. In accordance with the traffic rules, an obstacle is an immovable object that is located on the roadway.

Obstacles include:

Defective vehicles that are located in the traffic lane and cannot continue moving;
An object that blocks traffic on the roadway and creates an emergency situation on the road;
Repairs carried out on a specific section of the road.

In accordance with the traffic rules, if a car is parked on the road, then it is not an obstacle and driving around it through a solid marking line is prohibited.

How to go around an obstacle correctly

When a vehicle driver sees an obstacle in a traffic lane, he must perform the following actions:

Assess what is happening on the road, make sure that the obstacle is not a temporary traffic jam.
After making sure that the obstacle is present, go around it. It is advisable to detour, sticking to the right lane or shoulder. You are not allowed to drive onto the sidewalk.

The most correct course of action when an obstacle is detected is to notify the traffic police. The detour itself is carried out after police officers arrive at the scene and receive recommendations from them about the traffic order on this section of the road.

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If the police cannot arrive promptly, then to prove the validity of driving into oncoming traffic, the driver can record the process of driving around on a DVR or mobile phone camera.

When is passing on oncoming traffic allowed?

In some situations, crossing a continuous dividing strip is possible even with a sign prohibiting overtaking.

This can be done in the following cases:

Intermittent markings are applied to the road surface;
A slow-moving vehicle is being overtaken (it must have the appropriate symbol installed on it);
If a driver overtakes a scooter, bicycle, or horse-drawn cart.

The group of low-speed vehicles includes all vehicles whose speed does not exceed 30 km/h.

In some situations, the presence of an obstacle ahead of traffic is signaled by signs installed along the road or temporary traffic lights. They signal where it is necessary to perform a maneuver to avoid an obstacle.

Installation of such signs and traffic lights occurs in the following cases:

Carrying out road work in the vehicle traffic area.
There was an accident on the road that requires a long investigation.
Public transport is operating in the area where vehicles are moving, making travel difficult.
Maintenance of lighting along the road is being carried out.

The driver must strictly follow the direction the road signs indicate. In this case, crossing a solid marking line will not constitute a violation.

Immediately after the cause that necessitated the need for vehicles to move into oncoming traffic has been eliminated, the road signs are removed and traffic proceeds as normal.

Penalty for avoiding obstacles in oncoming traffic

Driving into oncoming traffic or tram tracks is a gross violation of traffic rules and is punishable by a fine of 5,000 rubles or the driver’s removal from driving for a period of 4 to 6 months.

The violator will be fined in the following cases:

He overtook and at the same time drove into oncoming traffic.
I drove into oncoming traffic to avoid a traffic jam.
I entered oncoming traffic to make a left turn.

Cases for which a fine is not provided are specified in Article 12.15, Part 3.

If the driver of a vehicle crossed the solid line by accident, he will not be released from liability and a fine will be issued. Such situations can occur on narrow sections of the road. In this case, the violator has the right to declare that, in accordance with Article 2.9 of the Code of Administrative Offenses, this violation is minor and does not warrant a serious penalty.

If a traffic police officer records a repeated violation, the punishment will be deprivation of the opportunity to drive a vehicle for a year. If a repeated violation is recorded by a camera, the driver will face a second fine.

If the driver does not agree with the fine imposed, he has the right to provide his own justification, as well as attach photo and video evidence of his innocence, which can later become evidence when considering the correctness of the decision in court.

Thus, it is obvious that crossing a solid marking line and then entering the oncoming lane is a significant violation of traffic rules, which can lead to serious consequences.

The only option when crossing a continuous marking line is allowed is to move in accordance with the recommendations of temporary signs that indicate the mandatory direction to avoid the obstacle.

Detour rules. Avoiding an obstacle through a solid marking line.

Good afternoon, dear reader.

Every driver of a vehicle at least once in his life has found himself in a situation where the opposite side of the roadway was blocked for one reason or another.

The reason for the blockage can be either an unexpected traffic accident or a bus or trolleybus that stops unsuccessfully at a public transport stop. In the described situation, the driver has to make a very difficult choice: whether to wait for the roadway to clear or immediately avoid the obstacle in the oncoming lane of the road.

At the same time, not everyone knows the differences between detour and overtaking, so quite often efficient car owners end up in the hands of traffic police officers, who, on completely legal grounds, deprive them of their driver’s licenses. Or, on not entirely legal grounds, they resolve the issue on the spot.

This article will talk about what avoiding an obstacle and how it differs from overtaking a vehicle:

What is a detour?

Unfortunately, the current traffic rules do not decipher the concept of detour, so you should refer to Article 12.15 of the Code of Administrative Offenses.

Based on Part 3 of Article 12.15 of the Administrative Code, as well as on the basis of paragraphs 9.2 and 15.3 of the traffic rules, we can conclude that a detour is a kind of maneuver associated with leaving the occupied lane if further movement along the original lane is impossible:

9.2. On dual carriageway roads with four or more lanes, it is prohibited to overtake or pass into the lane intended for oncoming traffic. On such roads, left turns or U-turns may be made at intersections and in other places where this is not prohibited by the Rules, signs and (or) markings.

15.3. It is prohibited to travel:
.

drive around vehicles standing in front of the crossing into oncoming traffic;

Thus, if a vehicle makes a lane change due to the fact that the lane is blocked by something or someone, then its maneuver can be considered as a detour. In all other cases, i.e. if there is some activity in the lane in the form of a moving vehicle, the maneuver can be considered as overtaking or overtaking.

Please note that the penalty for illegal overtaking is more severe than the penalty for illegal passing.

Where is it prohibited to detour?

There are only 3 situations in which traffic rules prohibit taking a detour :

Detour into oncoming traffic on a 4 or more lane road.
Detour on a 3-lane road with entry to the far left lane.
Detour into oncoming traffic in front of a railway crossing. I note that detours in front of a railway crossing are prohibited not only on 4-lane roads, but also on roads with 3 or 2 lanes.

In all other situations, detour is permitted . These situations include:

Detour without entering oncoming traffic.
A detour into oncoming traffic on a 2-lane road or into the central lane on a 3-lane road, which is not carried out in front of a railway crossing.

Detour fines in 2020

As noted earlier, traffic rules prohibit a detour only in the case when, during the detour, the car finds itself in the lane of oncoming traffic. Therefore, the punishment for an incorrect detour fits into only one part of Article 12.15 of the Code of Administrative Offences:

3. Driving into a lane intended for oncoming traffic in violation of the Traffic Rules while avoiding an obstacle -

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

Although the fine for improper overtaking is large, its size cannot be compared with the fine for improper overtaking (deprivation of rights for 4-6 months).

Let's consider situations in which questions most often arise regarding the implementation of a detour.

Avoiding obstacles in the oncoming lane

The concept of obstacle is given in paragraph 1.2 of the traffic rules:

“Obstacle” is a stationary object in the traffic lane (faulty or damaged vehicle, defect in the roadway, foreign objects, etc.) that does not allow further movement along this lane.
A traffic jam or a vehicle stopped in this lane in accordance with the requirements of the Rules is not an obstacle.

So, when a car drives into the oncoming lane, 3 types of punishment may occur for the driver :

1. No violation

No punishment. In order not to receive a penalty for passing in the oncoming lane, it is necessary to perform this maneuver only on a 2 or 3 lane road, without driving further than the second lane. In addition, it is necessary that there is some kind of obstacle in the passing lane.

An obstacle may be, for example, an open well on the roadway or a traffic accident. However, keep in mind that driving around a bus that has stopped to pick up passengers in the oncoming lane does not mean driving around an obstacle. This maneuver is a detour around a vehicle that is not an obstacle. The punishment for its implementation is discussed below.

2. Part 3 of Article 12.15 of the Code of Administrative Offenses

Penalty for incorrect detour (1,000 - 1,500 rubles). Avoiding an obstacle in the oncoming lane is punishable by a fine if the maneuver is performed either on a four-lane road, or on a three-lane road with access to the left lane, or in front of a railway crossing.

It should also be taken into account that an attempt to avoid a traffic jam or traffic jam in the oncoming lane, just as in the case of a bus, will not constitute a detour around the obstacle.

3. Part 4 of Article 12.15 of the Code of Administrative Offenses

The penalty for driving around is not an obstacle (deprivation of rights for 4 - 6 months or a fine of 5,000 rubles). A penalty in the form of deprivation of rights may be imposed if a vehicle that is not an obstacle (stopped in accordance with the requirements of the traffic rules) is detoured into the oncoming lane.

Avoiding an obstacle through a solid marking line

Avoiding an obstacle through a solid line marking 1.1 in any case is a violation of traffic rules. In this case, 3 types of punishment are possible.

1. Part 1 of Article 12.16 of the Code of Administrative Offenses

A warning or an administrative fine in the amount of 500 rubles, in case of making a detour without entering the lane of oncoming traffic. In this case, it does not matter whether you are driving around an obstacle or a bus that has stopped according to the rules, which is not an obstacle. In any case, a fine will be imposed for failure to comply with road markings.

2. Part 3 of Article 12.15 of the Code of Administrative Offenses

A fine of 1,000 - 1,500 rubles can be imposed when driving around an obstacle if you cross a solid marking line separating traffic flows in opposite directions.

For example, this fine may be imposed when avoiding an accident on a two-lane road, in the center of which there is a solid marking line.

3. Part 4 of Article 12.15 of the Code of Administrative Offenses

The driver will receive a deprivation of license for 4-6 months (or a fine of 5,000 rubles) if he makes a detour around an obstacle (a bus at a stop), which involves crossing a solid marking line and driving into the oncoming lane.

I hope you were able to understand the different types of penalties for incorrectly performing a detour. Now you have the opportunity to take a detour only if this maneuver does not violate traffic rules. In addition, if you come across a fraudulent traffic police officer who tries to deprive you of your driver’s license for driving around a solid marking line, you will be able to give him a fitting rebuff.

Is it possible to fight off an unfair fine? Can! Here's an example

— In the winter of this year, I found myself in an absurd, but quite typical situation.

In the morning, as usual, I drove to work by car. Moving along Novoslobodskaya Street, I was about to turn onto the Third Ring Road. On this section of the road, the right turn lane is separated by a solid one. There is a camera ahead that records violations of marking requirements. And everything would have been fine, but right before the turn there was a huge pile of snow on the road. To get around it, in any case, I would have to go beyond the solid line and turn right from the second lane. This is exactly what I did.

Letter for you

A couple of days later the fine arrives. The documents say that on such and such a date at such and such a time at the address Novoslobodskaya, 64, when exiting onto Sushchevsky Val, the driver did not comply with the requirement prescribed by the road markings. I was accused of violating Part 1 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation “Failure to comply with the requirements prescribed by road signs or road markings” and imposed a fine of 500 rubles. It would seem that the amount was small, but the fact itself outraged me. A photo from a traffic camera was attached to the “letter of happiness” - it just proves that I was forced to break the rules. In addition, three more cars were caught in the frame, which, together with me, were driving around the obstacle through a solid road at that moment. It turns out that in just one minute the traffic police unreasonably fined four drivers. One can only guess how many of us there were during the day.

It's always the driver's fault...

It is clear that today the recording of violations in Moscow occurs mainly automatically, but we, motorists, are assured that in any case there is some kind of manual check. In a good way, inspectors should not have sent fines from cameras to people, but contacted utility workers and told them to remove the snow from the road. In the end, it is within the competence of the traffic police officers to temporarily stop recording violations in this area or reset the issued fines, but for some reason no one did this. In the end, the drivers remained at fault.

I will complain!

According to the law, the car owner has 10 days to appeal the fine. They begin to count from the moment they receive written documents on bringing the car owner to administrative responsibility. As a lawyer, I would not advise neglecting the time limit for appeal, because after it expires it will be much more difficult to prove your innocence. We will have to restore the deadlines, and this is an unnecessary legal movement. In this case, the burden of proving valid reasons for not filing a complaint will fall on you.

You should appeal the fine to the organization that issued it. In Moscow, this could be the State Traffic Safety Inspectorate, MADI (Moscow Road Inspectorate - Ed.) or AMPP (Moscow Parking Space Administrator - Ed.) . It all depends on which specific traffic rules you violated. Carefully look at the copy of the resolution: it should indicate where and to whom to send the complaint if you do not agree with the fine. In my case, I needed to contact the head of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow.

Brief and to the point

I have prepared a complaint against the actions of the traffic police inspector in bringing to administrative responsibility.

There is no specific template for its preparation. Still, I advise you to attach a copy of the violation order to your letter. This will make it easier to find it in the traffic police database, and it is likely that the appeal procedure will go faster.

In the text of the complaint, I focused on the forced detour of the obstacle and the absence of a cause-and-effect relationship between the driver’s actions and the violation of traffic rules. But this is my option. In practice, the car owner can freely indicate what exactly he does not agree with - for example, he had to commit: “forced departure into the adjacent lane”; “detour around obstacles”; “collision avoidance”, etc.

Needless to say, your arguments should not look far-fetched. If you have a photo or footage from a car DVR, I would advise you to indicate this in the complaint and ask to include them in the materials of the administrative proceedings. You have the right to request that the recording be considered along with other evidence. This is especially true for situations in which there is something to argue about. But then you need to prepare for the fact that you may be called to the traffic police analysis group.

But the mechanism works

It is possible and necessary to appeal against unreasonable fines. You allegedly did not pay for parking? - write to the State Public Institution “Administrator of the Moscow Parking Space” (AMPP). Fines for parking under signs 3.27 “Stopping prohibited” and 3.28 “Parking prohibited” or for parking on green spaces (flower beds, lawns, etc.) are appealed to the Moscow Road Inspectorate (MADI). Fines for speeding, parking on the sidewalk, pedestrian crossing, places for the disabled and other traffic violations must be appealed to the traffic police. But keep in mind that there is no online appeal in this structure yet.
Keep track of fines yourself, especially if you are the owner of the car, but someone else is actually driving - in this case, there is a high risk of missing the deadline for appealing. In the age of information technology, tracking fines is as easy as shelling pears: the smartphone application market is replete with services in the spirit of “Find out traffic police fines.”
If you receive a refusal in response to your complaint, you have the right to forward it to a higher authority. Yes, it will take more time (not much), but after all, your civil rights and money are at stake - why on earth would you pay even 500 rubles for a violation that did not happen?

Avoiding obstacles. How to avoid becoming a traffic violator.

Possible reasons for drawing up a protocol by a traffic police inspector:

1) Go around the obstacle, on the right along the sidewalk. Article 12.15 Part 2 of the Code of Administrative Offenses – fine 2,000 rubles. This is the case if there were still passing lanes, but the driver was too lazy to wait until he was allowed into them.

2) Go around the obstacle, on the left in the oncoming traffic. Article 12.15 Part 3 of the Administrative Code – fine from 1,000 to 1,500 rubles. Without deprivation of rights. This is the case when it was possible to drive around on the side of the road/sidewalk with impunity. But under the condition, either there is only one lane of traffic in your direction (and there is a solid line on the left), or an obstacle blocks passage along all passing lanes.

On a regular two-lane road without a continuous line, driving into oncoming traffic is not prohibited.

If the inspector nevertheless drew up a protocol, then the person’s explanation will need to indicate the following: “I did not move along the oncoming lane (or side of the road), but used part of the oncoming road (side of the road) to go around the obstacle, since there was no other way to go around. The inspector showed complete inaction in adjusting and organizing a detour around the obstacle. The inspector refused to draw up a diagram of the violation. I have a video recording from the motion recorder (or take a photo from the scene).”

Let's define the concept of obstacle.

A bus disembarking passengers, a traffic jam, unevenness and potholes on the road surface, shards of glass, a large puddle, a drunken pedestrian crawling on all fours are in no way an obstacle. The concept of an obstacle can include: fences due to road works, a car with a warning triangle posted in front of it (accident), a hole in the form of a hole, a fallen tree, and the like.

When mandatory detour direction signs are placed on the barriers installed on all lanes in the same direction, then follow their instructions strictly. In other cases, having let the cars pass, go around the obstacle on the side of the road; if this is impossible (there is an artificial fence on the edge of the road), then, using all precautions, go around in the oncoming traffic lane.

Some motorists find themselves in an unpleasant situation when an inspector sits behind a broken down truck (blocking a lane on a two-lane road) and charges everyone with driving into oncoming traffic. Do not give in to provocation on his part. There can be no talk of any deprivation of rights. Since Article 12.15 Part 4 of the Code of Administrative Offenses does not consider the option of bypassing the obstacle. There is complete inaction of traffic police officers. Instead of taking measures to eliminate the obstacle or organizing an unimpeded detour, the inspector lay in wait.

The traffic police inspector must comply with the requirements of regulations, and not arrange a “conveyor”, according to Order No. 185 of the Ministry of Internal Affairs of the Russian Federation “Administrative Regulations”:

Article 49. “When identifying traffic difficulties, pre-jam, congestion situations, and other obstacles to the movement of vehicles and pedestrians, provide measures to eliminate obstacles to traffic; if it is impossible to eliminate obstacles that pose a threat to road safety, transfer the relevant information to the duty station and warn traffic participants using, if necessary, fencing and special light signaling until they are eliminated; carrying out administrative and regulatory actions in order to redistribute traffic flows and direct vehicles to detour.”

You are punished for avoiding an obstacle, for example, if the road has two lanes in the same direction and on the left lane there is an obstacle that can be avoided in the right lane, but there are cars moving there, and the driver, instead of waiting for them to let him through, goes around this obstacle into the oncoming lane strip. And when it is impossible to go around an obstacle in any other way, except by driving into the oncoming lane, then of course you need to make sure that the maneuver is safe and go around it in the oncoming lane.