Overtaking in a populated area: when is it possible, what is the fine?

Usually, comfortable driving on the road without overtaking is impossible. However, it requires driving into the oncoming lane, which can increase the risk of an accident. Overtaking must be carried out strictly in accordance with Russian traffic regulations. On some sections of the road the action is strictly prohibited. In such places, sign 3.20 is installed. It is called “overtaking is prohibited”. If a citizen performs an action in violation of the sign, he may be fined or deprived of his driver's license. Liability for overtaking under a “no overtaking” sign in 2021 depends on the circumstances of the incident.

Situation	Normative act	Punishment	Possibility of discount
Overtaking was carried out under a “no overtaking” sign, and the driver was stopped by an inspector	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub. or deprivation of rights for 4-6 months	Yes
Repeated violation recorded by inspector	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Deprivation of rights for 1 year	No
Overtaking under a “no overtaking” sign was caught on camera	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	Yes
Repeated violation recorded by camera	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	No

What does the “No Overtaking” sign mean?

The “overtaking is prohibited” sign is described in paragraph 3.20 of Appendix 1 of the Russian Traffic Regulations. Externally, the sign is a circle with a red border. Two cars are placed on a white background. One of them is red and the other is black.

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If sign 3.20 “overtaking is prohibited” is present, overtaking is prohibited in 2021; failure to comply with the requirements will result in a fine or deprivation of your driver’s license. Usually the sign is placed in front of a dangerous section of the road that is subject to a restriction. Sometimes the background may be yellow. This indicates a temporary installation. Typically this designation is used in areas where road work is being carried out. If the requirements of temporary and permanent road signs conflict with each other, the requirements of the first signs on a yellow background take precedence.

What is overtaking and how should it be done?

The definition of overtaking is given in paragraph 1.2 of the Russian Traffic Regulations. It says that the action is the advance of one or more vehicles into the oncoming lane and subsequent return to the previously occupied side of the roadway.

Do not confuse overtaking with ahead. If we are talking about the latter concept, it represents the movement of a car at a higher speed than a passing vehicle. In this case, the driver does not enter the oncoming lane and does not face a fine for overtaking under a “no overtaking” sign.

The rules for overtaking are regulated by Part 11 of the Russian Traffic Regulations. Before starting the maneuver, the driver must make sure that the oncoming lane is clear and that the action will not create danger or interference for other vehicles. The person driving the car that is being overtaken must not interfere with the manipulation. It is strictly prohibited to increase speed or perform other actions.

The driver cannot overtake even in the absence of a “no overtaking” sign in the following situations:

the vehicle driving ahead is detouring around an obstacle or has begun overtaking;
the car was the first to signal a left turn;
the person will not be able to complete overtaking without creating a danger to other road users;
they want to perform the maneuver at a pedestrian crossing, signalized intersection, bridge, or tunnel;
overtaking will be carried out at uncontrolled intersections if driving on a road that is not the main one;
the railway crossing is less than 100 m away, or the driver did not have time to travel this distance;
there is limited visibility;
the ascent ends, or there is a dangerous turn.

Definition of overtaking in 2021

According to the legislation in force for 2021, overtaking is only considered to be ahead of a passing vehicle, accompanied by driving into the lane of oncoming traffic. This concept should not be confused with ahead or detour. Unfortunately, in the traffic rules, the analysis of each definition is presented very vaguely, which raises many questions in controversial situations.

Overtaking is the act of avoiding a car ahead using a lane of passing traffic. The difference in the concepts of “ahead” and “overtaking” is only that when overtaking, the driver uses the oncoming lane. Detour is the process of overcoming a stationary obstacle located on the road.

Who is allowed to overtake under a “No Overtaking” sign?

Clause 3.20 of Appendix 1 of the Russian Traffic Regulations in 2021 provides a list of exceptions. A fine for overtaking under a “no overtaking” sign will not be imposed if the following vehicles are overtaken in the area of the sign in the presence of intermittent markings or no markings at all:

motorcycles and mopeds without a side trailer;
low-speed vehicles;
horse-drawn carts;
bicycles.

A low-speed vehicle is a car that can move at a speed not exceeding 30 km/h. If overtaking is carried out, the driver of such a car is obliged to take it as far to the right as possible or, if necessary, stop to let another car pass (clause 11.6 of the Russian Traffic Regulations).

If overtaking is carried out under the sign “Overtaking is prohibited” without entering the oncoming lane, the citizen will not be deprived of his driver’s license and will not be given a fine. The action will be considered ahead of schedule.

Paragraph 9.11 of the traffic rules states that if the oncoming lane is divided by a solid marking line, then crossing and entering it in any case is unacceptable.

The main types of punishment for a “No overtaking” sign

Overtaking in the area covered by the sign can be safe, but often this kind of maneuver in prohibited places is accompanied by great public danger. Authorized employees, after assessing the traffic situation, will hold the motorist accountable according to the following system:

overtaking in the presence of a prohibitory sign - 5 thousand rubles;
repeated overtaking in the wrong place - confiscation of the license for 12 months;
if a violation is recorded by an automatic camera - 5 thousand rubles;
if a violation is repeatedly recorded using video equipment - 5 thousand rubles.
making a U-turn or turning left on a section of road that prohibits such maneuvers - 1.5 thousand rubles;
avoiding obstacles in the sign's coverage area - 1.5 thousand rubles;
the driver overtook using the side of the road - 1.5 thousand rubles;
overtaking on a section of the road that is not equipped with markings, but has a prohibitory sign - 500 rubles;

It can be noted that even if a repeated violation is detected automatically, the driver does not risk losing his driver’s license. This is the peculiarity of recording violations using cameras.

Area of operation of the “No overtaking” sign

The sign's coverage area begins from the place where it is installed. The restriction is lifted after the nearest intersection. If it is absent, the coverage area extends to the end of the populated area. Its completion is indicated by the installation of signs 5.24.1 and 5.26 “End of a populated area”, 2.4 “Give way” or signs indicating the intersection. The adjoining of secondary roads, including forest, field, or other territories, does not entail the termination of the ban.

The coverage area of the “no overtaking” sign may end earlier if:

plate 8.2.1, which clearly reflects the length of the section;
sign 3.21 indicating the end of the zone in which overtaking is prohibited;
sign 3.31, indicating the end of the coverage area of all restrictions.

In what cases is overtaking prohibited 2021

A sign prohibiting overtaking maneuver is usually installed outside the city. On a suburban highway, the owner of a vehicle may receive a serious fine when overtaking in the coverage area of sign 3.20 (“Overtaking is prohibited”).

On highways with high speed limits, the likelihood of an accident occurring when overtaking with the help of oncoming traffic increases significantly. When overtaking at high speeds, there is a high probability of death in the event of an accident. For this reason, the authorities are trying to strictly control cases of illegal entry into the oncoming lane in the area covered by sign 3.20.

Outside the city, traffic officers often set up various “traps” and “ambushes” to catch offenders. For this kind of disregard for traffic rules, the driver may well lose his driver's license.

If a motorist has entered the coverage area of sign 3.20, he must remain in the lane of passing traffic. The restriction will be lifted only when the overtaking prohibition sign expires, which can begin in several cases:

The driver has already covered the distance indicated on the sign (overtaking is prohibited only for the indicated duration of the road);
The motorist crossed a sign stating that sign 3.20 has been cancelled;
The owner of the vehicle has reached a populated area;
The driver has crossed a sign canceling all possible restrictions (3.31);
The motorist reached the intersection and drove through it.

It is worth noting that on intercity highways, signs prohibiting overtaking are installed in places with high accident rates. Thus, overtaking is prohibited at the end of slopes, at the beginning of sharp turns and in areas with limited visibility.

Punishment and fine for overtaking under a “No Overtaking” sign in 2021

Punishment for failure to comply with the requirements of road signs is regulated by Article 12.16 of the Code of Administrative Offenses of the Russian Federation. If we are talking about overtaking, paragraphs 3 3.1 of the above regulatory legal act come into force.

For overtaking under a “no overtaking” sign in 2021, the violator may be fined 5,000 rubles or deprived of his license for 4 to 6 months. Moreover, the current legislation does not say when what punishment is applied. Only a judge has the right to revoke a driver's license. Therefore, the choice of punishment will take place during the trial. The circumstances of the incident and the reputation of the citizen will be taken into account.

If the violation is repeated, paragraph 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation comes into force. The citizen will be deprived of his rights for a period of one year. If overtaking under a “no overtaking” sign is caught on camera in 2021, a monetary penalty in the amount of 5,000 rubles will be imposed.

Situation	Normative act	Punishment	Possibility of discount
Overtaking was carried out under a “no overtaking” sign, and the driver was stopped by an inspector	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub. or deprivation of rights for 4-6 months	Yes
Repeated violation recorded by inspector	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Deprivation of rights for 1 year	No
Overtaking under a “no overtaking” sign was caught on camera	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	Yes
Repeated violation recorded by camera	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	No

What happens to overtaking in the wrong place?

If a driver overtakes another car in the wrong place, that is, one where this maneuver is not permitted, he will receive a significant fine and may be deprived of his license.

Moreover, there are different situations in which different punishments can be chosen. Overtaking in the wrong place is regulated by the Code of Administrative Offenses in Article 12.15, made up of different points, each of which implies its own penalty.

It should definitely be said that in the case of overtaking where this is not allowed, communication with the inspector and drawing up a protocol are inevitable.

In order to prevent violations, you should understand when overtaking is allowed according to traffic rules, and in what cases it is absolutely forbidden to do this.

In addition, some drivers will be able to be deterred from overtaking by understanding what they face for this maneuver and for how long they may lose their driving privileges.

After all, if the motorist does not know the intended punishment, then he will most likely feel more free and endanger other road users.

As stated in the traffic rules

In the Traffic Rules, overtaking is spelled out very clearly, and along with the correct technique for performing it, there is also information about where it should not be done.

This maneuver is allowed

According to traffic rules, overtaking is completely permitted if the driver does not see any obstacles on the oncoming road and the distance to the nearest car is sufficient.

During the time the driver changes lanes into oncoming traffic, overtakes and returns to his lane, he should not pose a danger to others.

In addition, attempting to overtake traffic rules is only permitted if there are no prohibited signs and there are intermittent markings on the road.

To summarize, you can overtake when the oncoming lane is clear, the car’s power allows you to make the maneuver in a short time, and the maneuver itself is not prohibited by signs.

Special mention should be made about slow-moving vehicles, for example tractors, which must give way if their speed limit creates problems for other drivers.

You can overtake such vehicles in permitted areas, but even if they are moving slowly, this is not a reason to attempt overtaking in prohibited areas.

Prohibited

The list of places where overtaking is prohibited is quite extensive. In principle, all places are united by the parameter that they have an extremely narrow view or create a danger due to lack of space.

In addition, accidents in such places will lead to congestion. The list of areas where overtaking is prohibited under no circumstances includes:

intersections;
pedestrian crossings, even if there are no pedestrians there;
railway crossings and a hundred-meter zone before and after them;
on the territory of overpasses, bridges and tunnels;
if there is a dangerous turn on the road, and there is also a descent or ascent;
there is a sign prohibiting overtaking;
The road markings are continuous and only allow driving in your own lane.

Is it possible to complete overtaking through a solid road, see the article: completing overtaking through a solid road. Read about the rules for overtaking on the highway here.

In addition, overtaking on the right, especially on the side of the road, is also prohibited and is punishable by law. Even if there is a traffic jam ahead, but not an obstacle, driving around on the side of the road is prohibited, and in the event of an accident when overtaking on the right side of the road, it is the person who drove onto the side of the road who is found guilty.

But when there is an obstacle on the road, and it was possible to go around it on the right, then overtaking in the oncoming traffic will be considered a violation.

What is the punishment?

If a driver overtakes in the wrong place, he will be subject to a penalty under administrative law. Moreover, different punishments may be chosen for different offenses.

If you violate the rules of overtaking, the driver must be afraid not only of a monetary fine, but also of deprivation of his license, which will take away his ability to drive a vehicle.

There are differences in the circumstances under which overtaking was carried out, whether the driver drove into the oncoming lane, and whether there were prohibiting signs or markings.

If the road was not properly equipped, for example, there were no markings, then the punishment will be the mildest.

It will be worse when the driver deliberately violates the meaning of road signs or visible markings.

How much will the fine be?

If a driver enters the lane of oncoming traffic to overtake where it is prohibited, he will be fined for overtaking in the wrong place in the amount of five thousand rubles.

When a violation is recorded by automatic cameras, the penalty will also be 5,000 rubles, but there cannot be deprivation of rights.

For driving on the side of the road, the driver will be forced to pay 1,500 rubles; avoiding an obstacle in oncoming traffic, when it could have been done on the right side, will also cost 1,500 rubles.

Thus, the maximum fine for illegal overtaking is 5,000 rubles, with some changes in the amount depending on the details of the violation.

You can pay such a penalty in the amount of 50% if payment is made within the first 20 days after receiving the protocol.

But there is a more serious punishment, which is associated with deprivation of rights, and as a result, a ban on driving a vehicle.

When is a fine imposed for overtaking under a “No Overtaking” sign?

If the violation was recorded on camera, your license will not be deprived in 2021. Regardless of whether the action occurred for the first time, or the person did not comply with the instructions of sign 3.20 again, a fine will be imposed for overtaking under the “overtaking is prohibited” sign in the amount of 5,000 rubles.

The situation is more interesting if a person overtook in violation of the sign, and the person was stopped by the inspector. Paragraph 3 of Article 12.16 fixes the possibility of imposing a fine or deprivation of a driver’s license. When choosing a punishment, a representative of the authorized body is guided by Article 4.1 of the Code of Administrative Offenses of the Russian Federation. It states here that the following must be taken into account:

the presence of mitigating or aggravating circumstances;
the nature of the violation committed;
property status of the citizen;
driver's identity.

Additionally, Article 3.8 of the Code of Administrative Offenses of the Russian Federation is taken into account. It states that the deprivation of an individual of a certain right can be carried out for a gross or systematic violation. The verdict on imposing a fine or deprivation of driving license for overtaking under a “no overtaking” sign is made by the judge. There are no criteria for the severity of violations in the Code of Administrative Offenses of the Russian Federation.

It is much easier to determine the systematic nature of violations. All previously received fines are taken into account.

When is a driver's license suspended?

Deprivation of rights for overtaking under a “no overtaking” sign in 2021 is carried out only if a violation is recorded by a traffic police inspector. Additionally, related nuances are taken into account. Typically, punishment is applied in the presence of aggravating circumstances.

Let's say the offender overtook without taking into account the instructions of sign 3.20 and drove into the oncoming lane through solid markings. Without calculating the distance, the driver almost crashed into an oncoming car, barely managing to dodge and creating interference for the car moving behind. During the verification process, it turned out that the citizen had several unpaid fines. The inspector will draw up a protocol and initiate the procedure for deprivation of rights.

If the violation is repeated, and this fact is revealed by a traffic police officer, the citizen will not be able to drive a car for a year.

Procedure for imposing a fine

In order for a citizen to be held accountable and fined, the violation must be recorded in the prescribed manner. In 2021, the action is performed automatically or during a stop by traffic police officers. Inspectors operate within the framework of Federal Law No. 3 of February 7, 2011 “On the Police.” When stopping a car, traffic police representatives are required to comply with the provisions of Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2021. Prosecution for overtaking under a “no overtaking” sign requires the following procedures:

The inspector will notice the violation.
A traffic police officer will stop the car and ask the driver to present documents. The list of documents that the traffic police inspector has the right to ask is reflected in paragraph 2.1.1 of the Russian Traffic Regulations.
The traffic police officer will report the detected violation as the reason for the stop. A protocol will then be drawn up. The document is provided to the driver for review. A person has the right to sign a document or refuse to perform actions if he does not agree with the information contained in it. In this case, a corresponding mark is placed on the form.
The traffic police officer releases the driver.

Representatives of the traffic police prepare a statement of claim and go to court. The circumstances of the incident are being analyzed. The paper is supplemented with evidence. The citizen will be sent a summons. The document will contain information about where and when the proceedings to impose a fine or deprivation of rights for overtaking under a “no overtaking” sign will take place. Experts advise not to neglect participation in the hearing. If a person ignores the notice of a proceeding, the case may be reviewed and a fine or deprivation of rights may be imposed without the participation of the violator. In this situation, defending your rights is problematic.

If there are mitigating circumstances, the judge decides to impose a fine for overtaking under a “no overtaking” sign in the amount of 5,000 rubles. In this situation, after the trial, the citizen will receive a decision on an administrative offense. The document is sent by mail or information is provided through the State Services portal. The last method is used only in a situation where the driver has an account in the system (Article 28.6 of the Code of Administrative Offenses of the Russian Federation).

If traffic police officers were not nearby, but cameras were installed, the violation could be recorded automatically. In this case, in 2021 only the imposition of a fine applies. The penalty is imposed according to the following scheme:

The violation is automatically recorded.
The data is being processed.
A resolution is being drafted.
The document is sent by mail to the address of the violator.

The decision to impose a fine will be issued within 15 days from the moment the offense was committed (Article 29.6 of the Code of Administrative Offenses of the Russian Federation).

How should a driver behave?

If an inspector stops a vehicle for overtaking under a “no overtaking” sign, the driver is obliged to comply with the traffic rules of the Russian Federation. At the request of traffic police officers, a citizen is required to present documentation for verification. The list is reflected in paragraph 2.1.1 of the Russian Traffic Regulations. If the inspector requires it, it is necessary to undergo an intoxication test (2.3.2 Traffic Regulations of the Russian Federation). It is important to be polite.

A citizen is not obliged to get out of the car unless a detention or search is carried out (clauses 180 and 208 of the administrative regulations approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2017). The traffic police officer can only ask the citizen to leave the car. It is also not necessary to sign a protocol imposing a fine for overtaking in the wrong place.

No overtaking places

Traffic rules in Chapter 11 inform drivers about how not to overtake and where exactly. The only rule is that it is unacceptable to overtake if the oncoming lane is not visible or there are obstacles to safe passing. Overtaking is prohibited on all roads:

Under the prohibition sign, continuous markings;
On the rise;
In areas where visibility in both directions is blocked by any objects or structures;
At railway crossings and closer than 100 m to them;
On bends in the road, in the area of dangerous turns;
In the tunnels;
Under and on overpasses, bridges, overpasses;
At pedestrian crossings;
At an intersection with a traffic light, as well as at an uncontrolled intersection on a secondary road.

In addition, on country roads there may be signs with signs or billboards warning of an increased accident rate in a particular area.

You cannot overtake if:

There are ruts and uneven surfaces on the roadway, stones are flying from under the wheels;
There is a danger of collisions with pedestrians;
The road is slippery.

You should drive with caution near schools, kindergartens and clinics, bus stops, and large crowds of people. There is a high probability of pedestrians suddenly entering the road, even if there is no pedestrian crossing.

If the markings are intermittent, but there is a “No Overtaking” sign, the driver must act according to the instructions of the sign.

In case of renovation work, the sign may be temporary. And temporary signs and markings take precedence over permanent ones.

Is there a discount on the fine for overtaking under a “No Overtaking” sign?

A discount can be obtained if you pay a fine for overtaking under a “overtaking is prohibited” sign within 20 days from the date of the decision (Article 32.2 of the Code of Administrative Offenses of the Russian Federation). The fine will be reduced by 50%. However, if overtaking in violation of the sign is repeated in 2021, it will not be possible to reduce the amount of the penalty even if the incident was recorded by a camera. The fact is that paragraph 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation is included in the list of exceptions to which the discount does not apply (Article 32.2 of the Code of Administrative Offenses of the Russian Federation).

Appealing a fine

If a fine for overtaking under a “no overtaking” sign is imposed unlawfully, you can exercise the right to appeal (Article 30.1 of the Code of Administrative Offenses of the Russian Federation). You need to contact the superior of the person who made the decision, a higher authority or the district court at the place where the case was considered. You need to react quickly. It is allowed to initiate an appeal procedure within 10 days from the receipt of a copy of the decision (Article 30.3 of the Code of Administrative Offenses of the Russian Federation).

It is permissible to restore the missed period if there are good reasons. To do this, a petition is sent to the person authorized to consider the complaint. It may grant the request or deny the action. In the latter case, an appropriate determination is made. To appeal a fine for overtaking under a “no overtaking” sign, you must:

Prepare a complaint, collect a package of documents and submit the papers to the authorized body. Applications are permitted through the official website of the State Traffic Safety Inspectorate. An alternative is to send documentation by mail.
Having received the documents, a representative of the authorized body will check the papers. If no errors are found, the application will be accepted for consideration.
Wait for the decision to be made. The citizen will be notified. Typically, the response is sent in the same way as the application for appealing a fine for overtaking under the sign “overtaking is prohibited” was submitted.

The review period depends on the authority whose decision is being appealed, as well as the body that will consider the application. The head of the traffic police will inform the decision within 10 days, and the trial will last up to 2 months.

applications for appealing a fine for overtaking under a “no overtaking” sign can be found here.

If a citizen wants to appeal the decision, he will need to provide personal information. Anonymous requests will not be considered.

Appealing a fine for illegal overtaking

Each fine for overtaking, which is assigned to a driver who has violated traffic rules, can be appealed in accordance with the established procedure and within a certain time frame. To do this, an appeal is made to a higher authority, which will then make the final decision.

Particular importance should be given to the complaint, which is filed on behalf of the offender. It should reflect all the required data:

Information from your personal passport, which must be accurate and reliable. In any case, everything will be further checked.
Details of the supervisor of the employee who issued the fine, or the judicial authority where the appeal is made.
Additional participants in the incident, which may include eyewitnesses and witnesses.
Information about the decision made, with a possible indication of its number and date, the circumstances of the incident.
Stated demands regarding dissatisfaction with the violation.
At the bottom of the document is the date of the complaint, an appendix that should include the necessary documents that will help resolve the current situation in your favor, as well as the signature of the applicant.

All these actions must be completed within ten days after the protocol on the administrative offense is drawn up. If you don’t meet the deadlines, then nothing can be done. The consideration takes place within the same ten days, unless of course the complaint has been transferred to another authority that has the competence to make a legal decision. A professional lawyer can help in any controversial situation by providing free legal advice by phone around the clock.

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