Cut a corner when turning left punishment
When turning left, I stepped beyond the solid marking line
I want to tell you about yesterday’s incident with the traffic police, where they wanted to slap me with a fine or deprivation of my license for crossing a solid marking line.
The situation was as follows. I was driving along the federal highway to another area and had to turn left at the intersection. Since there were cars flying behind and in front, I turned without slowing down much, otherwise there was a risk of causing an accident and getting hit in the butt by those who were gaping. In short, I turned at 50 km/h and crossed the solid marking line. There were no cars on that side.
Behind the intersection the traffic police crew immediately waved their baton. The inspector silently approached, took the documents and asked: “Do you understand your violation? Let's get into the car." I get into the patrol car and the inspector immediately tells me: “According to the traffic rules, you have crossed the solid marking line 1.1 and for this violation you face a fine of 5,000 rubles or deprivation of your license, but for the first time we warn you and let you go, have a good trip.” I'm at a loss.
I went further and began to analyze and remember the Administrative Code. Why did they say a fine or deprivation of rights for crossing a continuous road, but let me go? I didn’t argue with them, I just explained that at speed the spade turned out a little.
I got to the computer and studied the article under which I could be charged. So, stepping beyond the solid marking line when turning left can be qualified under Part 4 of Article 12.15, and this means deprivation of rights or a fine. But! I was not driving in the oncoming lane, I cut the corner a little and crossed the solid 1.1. All this happened within the crossroads. Can my actions be qualified under Part 2 of Article 12.16 (Turning left or turning in violation of the requirements prescribed by road signs or markings of the roadway) and this is a fine of 1000 to 1500 rubles? The question is controversial.
The traffic police itself gave explanations about turning left and entering oncoming traffic - this is 5000 or deprivation of rights, but this is for those who were moving in the oncoming lane and then got into their lane, and what if there was only a touch at the beginning? There is no explanation on this matter.
Of course, I’m glad that the inspectors were understanding, polite and let me go in peace, but there are also those who will cheat you out of money or impose a deprivation of money for these actions. In my opinion, here it is necessary to limit the “seriousness” of the violation.
Of course, you must follow traffic rules and not cut corners, but there are intersections where these markings stick out too much and create inconvenience in traffic.
Autoforum of Rostov-on-Don
If you cut off the trajectory when turning, you will be deprived of your license.
Wind-up Bird 08/17/2017
Today I found myself in an unpleasant situation in Aksai.
Moved along the street. Sadovaya, turn left onto the street. Lesnaya (now it seems to be called Ivan Shakhovoy Street).
During the maneuver, my left wheels caught a little on the solid road.
We caught up with the traffic police and drew up a report.
The protocol charges Article 12.15 part 4 of the Code of Administrative Offences.
We drew a diagram and included a video report in the attached materials (I looked at the video, and it really shows that I’m slightly touching the solid road with my left wheels).
He indicated that he agreed with the violation and signed the diagram.
He told me to now wait for a notification on my phone about the court date. No rights were withdrawn.
This article provides for either a fine of 5,000 or imprisonment for 4-6 months. So, I would like to know:
1) Did anyone have any precedents at this or a similar intersection? What decision and under what circumstances did the judge make?
2) What and how to prepare before the trial or what to say there in order to get off with a fine without deprivation?
3) Will they be allowed to verbally express their position at the trial (that a car is the only way to earn money, that I admit guilt, repent, pay the fine instantly, etc.) or does everything need to be written in the petition?
I am an individual entrepreneur, engaged in outdoor retail trade. Staying without a car is not an option at all. There are no children or dependents. There are no unpaid fines or gross violations either. The only thing is that at the beginning of August, another car got a fine for illegal parking for 2014, which I paid back then. What should I do with it and will it come up against me at trial?
ever. 08/17/2017
At the trial, you should not express, but preferably document, that this is your only income in the family.
ceres161 08/17/2017
Usually this is resolved on the spot for 1.5-2 rubles
an acquaintance who became nervous in front of the traffic police was eventually deprived of his rights by the court. (not this intersection, but the principle of operation of the jibedade is the same)
Rottor 08/17/2017
Maybe it’s time to stop deciding on the spot, giving bribes, and just try not to violate.
KoT 61 08/17/2017
Maybe it’s time to stop deciding on the spot, giving bribes, and just try not to violate.
Dear sir, don’t the wings behind your back press on you?
Dis 08/17/2017
(I looked at the video, it really shows that I’m slightly touching the solid surface with my left wheels).
What does “cling” mean? Was the intersection solid or did they just run over it? These are slightly different things.
Wind-up Bird 08/17/2017
Guys, there is no need to reduce this to a discussion about bribes and whether this is good or bad.
The protocol has been written out - that's a fact. Does anyone have real experience in similar situations? Preferably at this intersection. Apparently, there are many like me. Today, while they were processing me, they managed to stop three more people.
Dimitry 08/17/2017
Today I found myself in an unpleasant situation in Aksai.
Moved along the street. Sadovaya, turn left onto the street. Lesnaya (now it seems to be called Ivan Shakhovoy Street).
they have a “permanent” point there, because there’s just a stream of such pilots
I am an individual entrepreneur, engaged in outdoor retail trade.
Is this somehow documented?
Guys, there is no need to reduce this to a discussion about bribes and whether this is good or bad.
The protocol has been written out - that's a fact. Does anyone have real experience in similar situations? Preferably at this intersection. Apparently, there are many like me. Today, while they were processing me, they managed to stop three more people.
Enter the address from the protocol in the court search
What does “cling” mean? Was the intersection solid or did they just run over it? These are slightly different things.
This means I made a turn
Andrik061 08/17/2017
What does imputed mean? I cut the trajectory - I cut it, I caught the meeting - I hooked it, well, that means everything is spelled correctly. Get ready to walk
Threat
I am moved to tears by posts where a violator has been “taken by the balls,” that is, punished according to the law and he is trying to come up with a thousand and one excuses to avoid it.
He is at once a driver, a traveler, and a breadwinner for 15 children. and instead it was necessary to comply with traffic rules Modified by: Andrik061, 08/17/2017 - 19:36
Wind-up Bird 08/17/2017
What does “cling” mean? Was the intersection solid or did they just run over it? These are slightly different things.
As I understand it, driving over means driving only within the width of the lane? Then, apparently, there was precisely an intersection.
Greendai 08/17/2017
The protocol charges Article 12.15 part 4 of the Code of Administrative Offences.
The traffic police officer didn’t ask where do you work? Well, what are we going to do with the birds?
Dimitry 08/17/2017
The traffic police officer didn’t ask where do you work? Well, what are we going to do with the birds?
They haven't asked for a long time. They have a camera in the car
Wind-up Bird 08/17/2017
Is this somehow documented?
In the appendix to the individual entrepreneur registration certificate there are codes of open types of activities. Stationary and away trade are indicated there. Probably no more.
Dimitry 08/17/2017
In the appendix to the individual entrepreneur registration certificate there are codes of open types of activities. Stationary and away trade are indicated there. Probably no more.
Doesn't fit. The car must be leased from the individual entrepreneur. Issued TTN, vouchers.
Smolett 08/17/2017
My wife was taught this way at one time to learn from Larin/Nagibin. I had to use the core component.
Andrey 08/17/2017
my employee had something like this, but not in Aksai. he admitted guilt, but not in terms of driving into oncoming traffic, but in terms of maneuver (turning across a solid road). the judge issued a fine
Dimitry 08/17/2017
The traffic police officer didn’t ask where do you work? Well, what are we going to do with the birds?
If you want to decide, decide right away, before their car. If you start the hassle, you will most likely get a protocol, at best. If you try to decide in the car, they might also hang up the bribe dacha with a trailer.
Wind-up Bird 08/17/2017
my employee had something like this, but not in Aksai. he admitted guilt, but not in terms of driving into oncoming traffic, but in terms of maneuver (turning across a solid road). the judge issued a fine
Those. in my case, should I say that I didn’t want to go into oncoming traffic, I just unsuccessfully planned the trajectory of the maneuver (turn)? Or how?
Raptor 08/17/2017
Those. in my case, should I say that I didn’t want to go into oncoming traffic, I just unsuccessfully planned the trajectory of the maneuver (turn)? Or how?
Yes, it’s too late to say - so what?
Denis_chal 08/17/2017
Dnepropetroskaya / turn towards Atlanta. It was stupidly drawn, and there were guys constantly on duty behind it. A close friend took a similar turn. Four months on foot, no arguments helped. Then the third time I managed to pass the exam to get my license back.
The only option I offered him was: lose your license before passing, ride very carefully so as not to get stuck. Guys rarely check their license for deprivation if it’s a routine stop.
Raptor 08/17/2017
Maybe it’s time to stop deciding on the spot, giving bribes, and just try not to violate.
But if you tried, but made a mistake - then what?
Walk humbly for 6 months, like if it’s your fault, then what now?
Styx 08/17/2017
I was in a similar situation, only in the video it wasn’t obvious that I got caught or ran over. I wrote - I don’t agree, which in principle doesn’t matter. They sent me to the magistrate, watched the video together, he shook his head and said, I can’t acquit you - you have 5 thousand on you. But because the first time, you will pay 2.5.
If it's your first time, go for it. It is beneficial for them to replenish the treasury here and now, rather than later forcing you to take an exam or whatever way they return your license. Justices of the peace are sane people who can listen and be heard.
And check the fines. The judges check this, and if everything is paid, then a plus for your karma
Modified by: Styx, 08/17/2017 - 19:49
Wind-up Bird 08/17/2017
Yes, it’s too late to say - so what?
Yes, that's understandable. But we need to prepare at least some arguments for the court.
Leshij 08/17/2017
But if you tried, but made a mistake - then what?
Walk humbly for 6 months, like if it’s your fault, then what now?
We don't know the vehicle, how it drives, or how hard it tries.
And seeing how many drivers put their emphasis on elementary rules - for example, I can no longer think that they are all accidental. The number of people who cannot NORMALLY turn 90 degrees is simply off the charts. It's just race. Yay attitude towards driving. And this needs to be treated exactly the way it happened in the end.
Faust 08/17/2017
The only option I offered him was: lose your license before passing, ride very carefully so as not to get stuck. Guys rarely check their license for deprivation if it’s a routine stop.
the period begins from the moment of delivery of the license to the traffic police
In the appendix to the individual entrepreneur registration certificate there are codes of open types of activities. Stationary and away trade are indicated there. Probably no more.
collect as many documents as possible and insist in court that your only source of income is a car. Like, I admit my guilt, I’m ready to bear the punishment, I’m not a repeat offender, so impose a fine of 5,000
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Cut corner
More in Useful:
- Winter tires are required: what the consequences are for not having them 03.12.2019
- Analysis group: can a driver be deprived of his license for unsuccessful “teaching” 12/02/2019
- Anti-service for the deprived 11/26/2019
In early February, leaving the secondary street Kotin on Gorky, Chelyabinsk resident Grigory cut the corner of the turn, catching tram tracks in the opposite direction: his maneuver was captured by the recorder. Grigory was stopped by traffic police officers, drew up a report and transferred the case to the court, which sentenced him under Part 4 of Art. 12.15 Code of Administrative Offences—fine 5,000 rubles (threatened with imprisonment). But in general, the maneuver is typical for Chelyabinsk drivers, and some intersections are difficult to drive through without cutting. Is the punishment legal?
Grigory was charged with violating two points of the rules at once - 8.6 and 9.6. The first requires the driver, when turning left, not to be on the side of oncoming traffic at the exit from the intersection of roadways. The second prohibits driving on tram tracks in the opposite direction.
And at first glance, there was still a violation of the rules: above is a still frame from the video, which clearly shows that at the exit from the intersection of roadways, Grigory’s car ended up on oncoming rails. Let us also clarify that in this case the intersection has two intersections of roadways separated by tram tracks.
The diagram drawn up by the traffic police, however, shows his location on the oncoming roadway, although this is not obvious from the video. Grigory's lawyer Yuri Panchenko explained the following:
“We conducted a thorough analysis of the video, and there was no drift into oncoming traffic, and at the moment of crossing the pedestrian crossing, the car was already on the rails in the same direction.
Controversial issue
Do the rules allow cutting on oncoming tram tracks? There is no direct prohibition on such a maneuver.
Clause 8.6 requires the driver, when turning left, not to be on the side of oncoming traffic, and the definition of “oncoming side” is contained in clause 9.1 of the traffic rules: this is half the width of the roadway located on the left. Tram tracks are not taken into account in this case (they are not a roadway), so paragraph 8.6 punishes drivers who cut a corner along the oncoming roadway, rather than on oncoming tracks. At least this follows from the literal interpretation of traffic rules.
Regarding clause 9.6, which prohibits driving on oncoming tram tracks, Yuri Panchenko explained the following:
— There is a decision of the Supreme Court of the Russian Federation (AKPI No. 12-676), where a representative of the Government of the Russian Federation clearly states, I quote: “Exit in paragraph 9.6 of the Rules means movement along tram tracks in the opposite direction for the purpose of overtaking a vehicle or avoiding an obstacle.” Earlier in the same affix it was clarified that crossing tram tracks during turns is not considered an exit onto oncoming tracks, which does not contradict common sense.
However, neither the police themselves nor the court accepted this point of view, although a split was also observed in the ranks of the inspectorate itself.
“In response to my client’s complaint, the head of the department whose employees issued the fine agreed that there was no driving into the oncoming lane,” says Yuriy Panchenko. “But the magistrate of the Traktorozavodsky district decided otherwise and, in fact, after listening to our arguments, in the ruling he reflected only the point of view of the inspectors and imposed a fine of 5,000 rubles on Grigory.
It is also interesting that the court documents specifically mention driving on tram tracks in the opposite direction, and not driving into the oncoming lane. The defense’s arguments are “based on an incorrect interpretation of the law,” and the reliability of the testimony of witnesses (traffic police inspectors - editor’s note) was not in doubt by the judge, since they are logical, consistent and consistent with each other.
Automotive lawyer Lev Voropaev, after studying the case materials, came to the following conclusion:
— If we analyze only the documents, then, according to the diagram, the driver drove into oncoming traffic. He signed the scheme without expressing disagreement, and in court this is a fact against him. At the same time, the diagram does not agree with the video, and if we proceed from the latter, then there was only an exit onto oncoming roads, but not an oncoming roadway, that is, I do not see a violation of paragraph 8.6 of the Rules. Another circumstance is the presence of a continuous line 1.2 separating the tram tracks from the roadways, so in this case traveling on them is prohibited. However, this circumstance is not reflected in the diagram, and then punishment is provided under Part 1 of Art. 12.15 of the Code of Administrative Offences, and not part 4. As for the driver’s imputed driving on oncoming roads, there was no section of straight-line traffic, therefore there was no violation of paragraph 9.6. The Supreme Court has already clarified: crossing oncoming roads when making turns is not considered an exit.
How to turn at intersections with tram tracks
When it is possible to turn without cutting the corner, it is better to perform the maneuver along such a “rectangular” trajectory: in the described case this was possible.
At some intersections, tram track cuts are the norm, for example, when turning left from the street. Molodogvardeytsev (from the south) to Pobeda Avenue. Is this allowed?
Driving along a flat line in itself, according to our experts, is not a violation if the driver did not touch the oncoming roadway, but only hit oncoming tram tracks. But this is already a risk area, because in situations like the one described, the courts are extremely reluctant to accept the drivers’ arguments.
Moreover, you cannot drive onto tram tracks separated from roadways by continuous markings: but again, in order to charge the driver in this case, the presence of markings must be reflected in the documents, in particular, in the diagram.
Turn left across a solid line
Good afternoon, dear reader.
In this article we will talk about a car crossing a solid marking line when making a left turn. For example, such a violation may occur when a car leaves the yard.
In fact, this situation is not entirely unambiguous, because The penalty for turning left largely depends on the trajectory along which the vehicle is moving. In this case, it does not matter which marking the car is crossing: solid or double solid.
Let's look at the fines for turning left across a solid marking line , as well as the situations in which they are imposed:
Penalty for crossing double solid markings when turning left
In 2019, for crossing a solid marking line, Part 2 of Article 12.16 of the Code of Administrative Offenses provides for:
2. Turning left or making a U-turn in violation of the requirements prescribed by road signs or markings of the roadway, -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
Thus, the fine for crossing a solid or double solid road when making a left turn is 1,000 - 1,500 rubles.
Penalty for driving into oncoming traffic when turning left
Let's consider another fine, which can also be imposed when crossing a solid marking line when turning (Part 4 of Article 12.5 of the Administrative Code):
4. Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for in Part 3 of this article -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.
If, when turning left, the car is at least partially in the oncoming lane, the punishment for crossing a solid marking line will be more severe - 5,000 rubles or deprivation of rights for 4-6 months .
Thus, the size of the penalty mainly depends on the trajectory of the vehicle. Later in this article, various options for performing a turn will be discussed.
Trajectories when turning left
To better understand the details of the situation, below are diagrams for making a left turn on two road options:
- two-lane with a continuous line marking,
- four-lane with double solid line.
two lane road
Let's consider the standard exit from the yard to the left. As a rule, drivers make turns along a slanted trajectory, i.e. cut the corner:
If you look closely at the picture, it becomes clear that the left side of the car, when turning, ends up in the oncoming lane. This is especially noticeable on the rear left wheel. When making a turn along such a trajectory, the driver will face a fine of 5,000 rubles or deprivation of his license.
To ensure you avoid driving into the oncoming lane, you need to cross the solid marking line at a right angle:
The figure above illustrates such a maneuver. However, it becomes obvious that on a road with two lanes such a maneuver is very difficult, almost impossible. There is not enough room to turn after crossing a continuous road. Therefore, in any case, when turning, the driver will partially drive into the oncoming lane.
Four lane road
Let's consider leaving the adjacent territory on a four-lane road with a double solid marking line . Standard vehicle turning trajectory:
In this case, it is even clearer that if the driver cuts the corner, he ends up in the oncoming lane. The punishment for such a maneuver will be a fine of 5,000 rubles or deprivation of rights for 4-6 months.
To reduce the penalty, the driver must cross a double continuous line at a right angle:
On a four-lane road, there is plenty of space so the driver can first cross the double solid line markings and only then turn the steering wheel to the left. In this case, he will receive a fine of 1,000 - 1,500 rubles.
Let's summarize this article. To receive the minimum penalty when turning left, you need to cross a solid (double solid) marking line at a right angle . Other driving trajectories may result in the driver receiving a license deprivation for driving into the oncoming lane.
In conclusion, I would like to note that this article was written in connection with a large number of questions from readers about crossing a solid line when turning left. In practice, it is much safer to first turn right and then turn around at the nearest intersection.
Turn left, intersection, oncoming traffic
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Good day!
My situation is as follows: on January 09, 2009, at night I was already moving along a road with 4 lanes (2 in each direction). There are no markings on the area in question, or they are not visible - this is confirmed by photographs taken on the spot from a cell phone (the quality is really very poor, it’s night and a cell phone after all). Being in the second row, at an uncontrolled intersection, I made a left turn onto a one-way road (passing traffic, which is normal here). I was immediately stopped by a valiant traffic police patrol, whose representatives began to prove to me that when turning, I drove into oncoming traffic (cut the corner) and this is classified under 12.15 h4 - deprivation from 4 to 6. Having encountered something like this for the first time and being legally ignorant, there is no way to substantively object I couldn’t, I indicated in the protocol and diagram that I didn’t agree, and the oncoming traffic was not driven out. They took away my license, gave me a temporary car, gave me a copy of the protocol, and promised to meet me in court. Arriving home, I dug into the traffic rules, the Code of Administrative Offences, and a consultant. And here's what I found interesting:
(I remind you that the markings are not visible)
Why is ch4 deprivation from 4 to 6, and not this?
Supreme Court.
Resolution of the Plenum of October 24, 2006 N 18 (as amended on November 11, 2008 N 23) Under Parts 3 and 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, it is necessary to qualify actions directly prohibited by traffic rules that are associated with driving onto the side of the roadway intended for oncoming traffic .
The traffic rules directly establish such a ban in the following cases:
a) on two-way roads with four or more lanes, it is prohibited to drive out to overtake, make a U-turn, or turn to the side of the road intended for oncoming traffic (Section 9.2 of the Traffic Regulations). Such a prohibition must be indicated by road markings 1.3;
Marking 1.3 according to traffic rules - double solid (which is not there!)
Because this is the first time I’ve encountered a similar situation (I still have little experience), I would like to ask more experienced comrades about this:
1. Where should all the above materials be sent to be attached to the case? Should we wait until the case is transferred to court, or can we already fuss?
2. Should there be any pre-trial proceedings in my presence?
3. If the above decisions, amendments and interpretations do not have an effect on the judge, under what part of 12.15 should violation 3 or 4 be interpreted?