Various improvements and innovations are made to the Traffic Rules quite often. Recently, amendments were made to the section regulating the norms of behavior of different types of cars when overtaking and getting ahead. They affected all types of cars.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
Ticket 3 CD question 11
In what case can a driver start overtaking if such a maneuver is not prohibited on a given section of the road?
Overtaking is one of the most dangerous maneuvers a driver can do on the road. Before entering oncoming traffic before overtaking, the driver, of course, must take into account a number of factors, on which safety will directly depend
Ticket 2 CD
18-04-2019, 13:58
Accident while overtaking at an intersection
The occurrence of an emergency situation when overtaking incorrectly at an intersection is not uncommon. In this case, it is often difficult to find out who is at fault for the accident.
Emergency situations when ahead:
- Overtaking on the main road. To determine the culprit of the accident, you need to refer to the traffic rules, where clause 8.1 states the obligation to give light signals or gestures about the intention to make a turn, as well as the safety of the maneuver being performed. And also clause 11.2, which specifies the rules of advance and it is prohibited to perform a maneuver if a moving vehicle has already begun to detour, or gives a left turn signal, if the car behind has already begun to overtake, or if safe completion of the maneuver is not possible.
- When driving ahead at prohibited intersections, the driver performing the maneuver will always be at fault. When crossing 2 secondary roads, the driver taking the lead will also violate clause 11.4, which indicates the places where such a maneuver is prohibited. When overtaking at the intersection of a 4-lane road, the driver will also be a violator; creating an emergency situation will cost him 4-6 months of deprivation of his license, as specified in clause 9.2 of the traffic rules.
How to avoid accidents when overtaking?
Staying ahead of a vehicle on any section of the road requires a clear assessment of the road situation by the driver. And the correct calculation of all possibilities is one of the main reasons by which an accident can be avoided.
In general, the advice on this matter is quite simple and can apply to any road situation:
- Do not pass another vehicle if you are not sure that the maneuver can be completed safely after the section.
- Overtaking at a fork can only be done if you continue in the direct direction of the main road.
- The intersection is dangerous! You need to pay attention to the signals of cars moving in traffic not only in front, but also behind.
- It is always necessary to give signals of intention to perform a maneuver.
Ticket 1 question 11
Is it possible for a passenger car driver to outrun trucks outside a populated area along such a trajectory?
Very often, when solving the presented question, cadets in the traffic rules exam proceed from the trajectory of movement that is offered to us. And it is very reminiscent of overtaking. But even in the wording of the question, and in the picture, by the way, there is an excellent hint - this
Ticket 2
13-12-2017, 08:48
Situations when overtaking at an intersection is prohibited
Even in the permitted case of passing a passing vehicle, there are still controversial situations. Therefore, you must pay attention to the presence of markings, as well as warning signs before crossing.
Drivers often make the mistake of not paying attention to the change in direction of the main road. According to the traffic rules, changing the direction of the main road at an intersection means that drivers moving along it must follow the rules for following equivalent roads. That is, the vehicle ahead will have the advantage of being on the right, therefore, ahead is prohibited here.
No matter which way the direction changes, priority always remains with the vehicle at the intersection. In addition, if the main road turns left, an accident may occur.
Equivalent intersecting roads are governed by the same rules and do not allow overtaking in this section.
The driver also cannot overtake while on a secondary road. Heavy traffic during rush hour can be confusing for drivers. Driving in two lanes on a secondary road is not a reason to perform this maneuver.
It is also prohibited to advance at intersections where there are pedestrian crossings.
Ticket 3 question 11
In what case can a driver start overtaking if such a maneuver is not prohibited on a given section of the road?
Before overtaking, the driver must comply with a whole list of safety requirements and make sure that this maneuver will take place without “incidents”. In particular, first of all, you need to check (there are rear-view mirrors for this)
Ticket 4
13-12-2017, 08:47
Other
Question 340 Traffic Rules 2019
Detailed information Question 340 Traffic Rules 2021. Full analysis
Question 339 Traffic Rules 2019
Detailed information Question 339 Traffic rules 2021. Full analysis
Question 338 Traffic Rules 2019
Detailed information Question 338 Traffic rules 2021. Full analysis
Question 337 Traffic Rules 2019
Detailed information Question 337 Traffic rules 2021. Full analysis
Question 336 Traffic rules 2019
Detailed information Question 336 Traffic rules 2021. Full analysis
Question 335 Traffic Rules 2019
Detailed information Question 335 Traffic rules 2021. Full analysis
Question 334 Traffic Rules 2019
Detailed information Question 334 Traffic rules 2021. Full analysis
Question 333 Traffic rules 2019
Detailed information Question 333 Traffic rules 2021. Full analysis
Question 332 Traffic Rules 2019
Detailed information Question 332 Traffic rules 2021. Full analysis
Question 331 Traffic rules 2019
Detailed information Question 331 Traffic rules 2021. Full analysis
Question 330 Traffic Rules 2019
Detailed information Question 330 Traffic Rules 2021. Full analysis
Question 329 Traffic Rules 2019
Detailed information Question 329 Traffic rules 2021. Full analysis
Question 328 Traffic rules 2019
Detailed information Question 328 Traffic rules 2021. Full analysis
Question 327 Traffic Rules 2019
Detailed information Question 327 Traffic rules 2021. Full analysis
Question 326 Traffic rules 2019
Detailed information Question 326 Traffic rules 2021. Full analysis
Question 325 Traffic Rules 2019
Detailed information Question 325 Traffic Rules 2021. Full analysis
Question 324 Traffic Rules 2019
Detailed information Question 324 Traffic rules 2021. Full analysis
Question 323 Traffic rules 2019
Detailed information Question 323 Traffic rules 2021. Full analysis
Question 322 Traffic Rules 2019
Detailed information Question 322 Traffic rules 2021. Full analysis
Ticket 15 question 17
To attract the attention of the driver of an overtaken vehicle when driving outside a populated area during daylight hours, you can:
It is imperative to attract the attention of the driver of the car you are overtaking from the point of view of safety for both you and him. the fact is that many novice drivers have not yet brought some of their actions behind the wheel to automaticity. For example, the driver
Ticket 16
13-12-2017, 08:43
Direct overtaking
The time spent driving in the oncoming lane should be reduced to: the less, the better. This opportunity is ensured by good acceleration on its own half of the roadway.
While ahead of a fellow traveler in the oncoming lane, the left turn signal must be turned on. This is necessary so that the driver of an oncoming car, who is still far away, understands that they are overtaking ahead. The right turn indicator must be turned on before returning (changing lanes) to your lane.
In case there are other cars ahead of the person being overtaken, then, while still in the oncoming lane, you need to immediately look for an approximate place to return to your half of the roadway.
You should strive to reduce the time spent driving in the oncoming lane to the minimum possible, but, as they say, this should be done within reason. When it is possible to overtake several cars at once, it first makes sense to calculate your “strengths”; it may be better to overtake them one by one, i.e. one unit for each overtaking.
Overtaking (getting ahead in the oncoming lane) of several cars at the same time is not a serious mistake when overtaking, but the result depends on road conditions, which change all the time. Therefore, you need to “turn on” common sense and realistically assess your capabilities.
If in these circumstances an oncoming car appears, and for various reasons you do not have time to return to your lane, for example, you are overtaking a truck, then under no circumstances should you drive onto the oncoming side of the road. Exactly there, on your own! the right side of the road, if something happens, the oncoming car will move, where you will “meet” it.
In such a situation, the most logical thing to do is turn on the right turn signal, gradually slow down and move as far to the right as possible towards the car you are overtaking. It would be good to let him go ahead and change lanes immediately behind him - “get away” from the oncoming lane. But it is better not to lead to such a situation.
What is the penalty for overtaking under the new rules in 2021?
The total number of prohibitions in traffic regulations regarding overtaking is several dozen. This includes a sign prohibiting entry into the oncoming lane, solid lines and many other conditions.
However, the punishment in the current Code of Administrative Offenses of the Russian Federation is listed for one action that unites all such cases - for driving into oncoming traffic in violation of the Rules. That is, it does not matter which particular point of the traffic rules you violated - if this legal act specifically prohibits driving into the oncoming lane on a given section of the road, then the punishment is the same. To be more precise, there are several of them, however, they have a common specified cause of violation.
That is, you need to understand the following. Overtaking, being an independent maneuver, includes 3 others: changing lanes into the oncoming lane, getting ahead, and then changing lanes again into the previously occupied lane. So, the punishment is imposed precisely for the very fact of driving into oncoming traffic - for one of the components of overtaking maneuvers.
Let's take a look at all the liability measures for this!
Table of fines and deprivation of rights for overtaking Article of the Code of Administrative Offenses What is the punishment for? What is the punishment?
12.15, part 4 | Driving into oncoming traffic, including prohibited overtaking, except for the case provided for in Part 3 of the same article (see below). | Fine 5,000 rubles or deprivation of rights for 4-6 months |
12.15, part 5 | Repeated violation, when under Part 4 you have already been fined or imprisoned over the last year (we will talk about the intricacies of repetition below) | Deprivation of rights for 1 year or a fine if you were recorded by a photo or video camera |
12.15, part 3 | Drifting into the oncoming lane when avoiding an obstacle | Fine from 1 to 1.5 thousand rubles |
What does repeat violation mean?
The Administrative Code provides for the imposition of more severe sanctions if the driver has committed a repeat offense for a specific violation. This issue is regulated by Article 4.6 of the Administrative Code, and we are talking about the sequence of the terms themselves in administrative law:
- repetition itself is possible only when the driver is considered to have been punished,
- in 4.6, the period of such exposure is calculated from the date of entry into force of the decision on a fine or imprisonment for overtaking and within 1 year after full execution of the punishment for the first violation,
- and execution is full payment of the traffic police fine or the end of the period of deprivation of the right to drive.
Thus, if you are caught for prohibited overtaking for the second, third, and so on times, then you will be given a more severe punishment if the first decision has entered into force (the 10-day period for appeal has passed, and you did not file a complaint) and 1 year has not passed from the date of full payment of the fine or from the date of the end of the deprivation period.
Here's a simple example.
The first time the driver was caught for overtaking through a double solid road was on June 20 last year. The decision was made on June 30, where the driver was deprived of his license for 4 months, and he did not challenge this sanction. In this case, if a motorist is caught for the second time with a violation, liability for which is qualified under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, in the period up to November 11, 2021 inclusive, then he will already be given a punishment under Part 5 of this article with deprivation of rights for 1 year (if caught on camera, there will be a fine of 5 thousand).
What did we think here? The resolution came into force on July 10 last year (the appeal period is 10 days) and the period of punishment began from this date. This period ends within a year after the execution of the sentence. And it was executed on November 10 last year (4 months of deprivation of rights). That is, for another year after this, the driver is considered liable.
If in this example the driver had been given a fine, which he would have paid in full on July 2, then until July 3, 2021, a more severe punishment could have been imposed for repeated prohibited overtaking.
Who assigns responsibility?
Either a traffic police inspector is in charge, or a judge. Here everything happens in the following sequence:
- A traffic police officer on the road stops a driver for violating overtaking (for example, at a pedestrian crossing) and initiates a case by drawing up a protocol, where the driver has the right to make notes,
- then this protocol is transferred to the chief of this inspector, who sets the date and time of the analysis and invites the driver to testify, based on the results of which he decides whether to impose a fine or deprivation on the driver,
- if the driver, by decision of the head of the traffic police, is “honored” of a fine, then a resolution with it is issued immediately, but if the traffic police officer decides that the case is worthy of deprivation of rights, then the material is transferred to the magistrate’s court according to the territoriality of the violation, since the inspector does not have the right to deprive rights on his own rights (Article 23.1 of the Administrative Code),
- Then the judge decides again - maybe still impose a fine, or there are aggravating circumstances, and the driver will have to travel for a long time on foot, by taxi, public transport or car sharing.
Sources
- https://lawyer-jus.ru/znak-obgon-zapreshhen-i-preryvistaja-linija.html
- https://AstClub.ru/shtrafy/obgon-na-ravnoznachnom-perekrestke.html
- https://1gai.ru/baza-znaniy/zakonodatelstvo/524421-obgon-na-perekrestkah-kogda-mozhno-a-kogda-net.html
- https://auto-pravda.online/v-pomosch-voditelyam/300-razreshaetsya-li-obgon-na-perekrestkah.html
- https://TonkostiPDD.ru/pdd/na-kakih-perekryostkah-obgon-razreshyon-i-zapreshchyon-obzor-pdd
- https://AutoTonkosti.ru/q/vsyo-ob-obgone-shtraf-ili-lishenie-na-perehodah-perekryostah-pod-znak
[collapse]