Fine for failure to maintain distance - what is the point of the traffic rules and who is to blame for the accident

How to determine who is at fault for an accident when the distance is not maintained?

The need to keep a safe distance from other cars is stated in clause 9.9 of the Russian Traffic Regulations. It says here that the driver must choose a distance from the vehicle in front that would allow him to avoid a collision. The rule also applies to side intervals. Proving the occurrence of a violation is problematic. The fact is that the inspector cannot measure the distance between moving cars.

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Additionally, failure to maintain distance can be interpreted as driving unreasonably fast. In this situation, a violation of clause 10.1 of the Russian Traffic Regulations occurs. It says here that the driver is obliged to drive at a speed not exceeding the established limit and taking into account the intensity of traffic, the dimensions of the car, the cargo being transported, meteorological and road conditions. Particular attention must be paid to visibility in the direction of travel. In 2021, a person is obliged to choose a speed that will allow him to easily control the vehicle and comply with Russian traffic regulations. If a preventable hazard is detected, you must reduce your speed to a stop.

The current legislation does not indicate the distance that the driver must maintain. In fact, it is recognized as a conditional value. Similar rules apply to side spacing. Paragraph 9.10 states that it is necessary to maintain a distance that ensures safe movement on the road and prevents the occurrence of accidents. Therefore, punishing a citizen for breaking a rule is problematic. Typically, a fine for failure to keep your distance in 2021 is imposed if a collision has already occurred.

The culprit in an accident when the distance is not observed is determined by the analysis team. It is formed by the traffic police from employees of the organization. The analysis group is guided by the provisions of the Traffic Regulations of the Russian Federation, the Code of Administrative Offenses of the Russian Federation and the Administrative Regulations (approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2021). The culprit in an accident due to non-compliance with distance in 2021 is determined taking into account the following parameters:

• weather conditions in which the accident occurred;
• braking distance;
• vehicle condition;
• presence of signs and markings;
• damage received.

Usually the driver driving behind is found guilty of an accident when the distance is not maintained. However, there is only one case where the driver in front will be held at fault - there was sudden, unnecessary braking. In this situation, a violation of clause 10.5 of the Traffic Regulations of the Russian Federation occurs. However, it remains to be proven that the sudden stop occurred without reason.

Distance requirement

The current version of the traffic rules does not clearly explain the concept of a safe distance. The only thing that is specified in the standard is that the driver must choose a distance that will be sufficient to perform unexpected braking. In this regard, each driver, based on the specific situation, must independently choose the interval between cars.

The following factors should be taken into account:

• weather conditions. In dry summer weather, braking distances on asphalt will be minimal, while wet surfaces or ice will increase them significantly;
• From 60 km/h, each kilometer exceeded requires a significant braking distance. Therefore, you should always adhere to speed limits;
• driver features. Each person has his own reaction speed, but the more experienced the driver, the faster he will be able to take action;
• technical condition of the car. Each machine has its own characteristics and features. You can recognize them only after driving it for a considerable time.

The lateral interval should also be highlighted - the distance between cars in adjacent lanes. It is also important to keep it at a sufficient level.

Typical situations of accidents involving non-compliance with distance

There are several typical accidents that occur due to failure to maintain distance:

1. Cars move in one lane in one direction. The speed limit is observed. Suddenly, the first vehicle stops abruptly without warning, and the second motorist drives into it without having time to brake. The driver of the second car will be found to be at fault for the accident if the front driver stopped to prevent the accident. A person is supposed to always be aware that the car ahead may stop abruptly. You need to drive at a distance that allows you to brake in time.
2. The car behind was traveling much faster. As a result, he crashed into the vehicle in front. The driver who chose the wrong speed is found guilty.
3. The car in front suddenly stopped for no reason. The driver of this vehicle was found guilty.

Subtlety with a stationary car

Let's turn again to paragraph 9.10 of the traffic rules to extract from there the phrase “to the vehicle moving ahead.” Everything is clear - both participants in the accident should have moved in the same direction. But a stationary car does not apply here.

Therefore, if you did not have time to apply the brakes and drove into the rear bumper of a standing or parked car, you will not be fined for the distance. Here we are dealing with a violation of clause 10.1 of the traffic rules. It obliges drivers to drive at such a speed in order to have time to react to the danger ahead on the road. Penalties can be found in Art. 12.9 Code of Administrative Offenses of the Russian Federation.

When is a fine imposed for failure to maintain distance in a traffic accident?

Practice shows that people are fined for not keeping the distance if an accident has already occurred. The inspector investigates the causes of the accident and establishes its circumstances. If it turns out that one of the cars was moving unacceptably close, its driver will be found guilty. A different outcome is possible. If a person is recognized as a victim, but the fact of violating the distance is noticed, the person will also be required to pay a fine.

Another mandatory condition for not maintaining distance is the fact that both participants in the incident are in motion. If only one car was moving, different rules come into force.

Unsafe distance between cars: when will you be fined?

What distance is a safe distance

The law does not indicate what distance the driver must maintain from the car driving in front of him. Paragraph 9.10 of the traffic rules (“Position of the car on the roadway”) only provides that the driver must maintain such a distance to the car in front in order to avoid a collision in an emergency.

The distance depends on the weather, track conditions and vehicle technical characteristics. But the driver can determine the safe distance to the car while driving. On a dry road, to do this, you should divide the speed in half, and on a wet road, keep the distance to the motorist ahead equal to the speed of the car.

Another way is to remember the place where the car in front just passed, and then count to two. If the driver drove this landmark faster, then the distance needs to be increased. At the same time, 2 seconds is only for a dry road, 3 seconds for a wet road, and on a snowy road you need to time 6 seconds.

What is the penalty for not keeping distance?

If a driver gets into an accident because he did not control his distance and crashes into another car, he will receive a fine of 1,500 rubles. according to Part 1 of Art. 12.15 of the Code of Administrative Offenses (“Violation of the rules for placing a car on the road”). It can be paid with a 50% discount within 20 days from the date of issue.

Have you asked? We answer*

Lawyer of the European Legal Service Evgeniy Ivanov answers that a driver can receive a fine for failure to maintain a distance only if a collision occurs. “In other situations, you should appeal the fine and attach a video recorder or witness explanations confirming that at the time the violation was recorded, the motorist did not crash into another car.” - the expert draws attention.

The inspector will fine the driver who was driving behind when the motorist was speeding, or did not see that the car in front was slowing down. But sometimes the driver who was moving in front can receive punishment if he suddenly brakes for no reason. And not in order to prevent an accident. In other cases, the inspector will issue a fine to the driver from behind, since he was unable to assess the road situation and did not control the distance.

Have you asked? We answer*

Lawyer of the European Legal Service Evgeniy Ivanov explains that the taxi driver was not convinced of the safety of the maneuver, created an emergency situation, thereby violating clause 8.1 of the traffic rules (“Starting movement, maneuvering”). “The motorist should appeal the fine by providing dashcam footage or witness statements, because he could not have predicted the actions of the car ahead.” - adds the expert.

When the driver does not receive a fine

• one of the cars did not move, but stood in the parking lot (but not while waiting for a traffic light);
• the cars did not collide, but drove close to each other;
• the driver was moving in reverse because one of the cars must be in front to maintain the distance.

Thus, Mikhail Lukin* from Tomsk managed to prove his innocence in an accident. When he was moving along his lane, a motorist suddenly changed lanes from the right lane, causing the cars to collide. According to the inspector, the accident was the fault of Lukin. He did not control the road situation and did not maintain a distance from the car that was driving ahead. Therefore, the policeman gave him a fine of 1,500 rubles. The motorist appealed the punishment in court.

The Sovetsky District Court of Tomsk overturned Lukin's sentence. Judge Andrei Kaygorodov found that a fine for failure to keep the distance is possible only if the drivers move in the same lane and their paths do not intersect. In the situation with Lukin, the drivers were driving in adjacent lanes, and the accident occurred due to a sudden lane change, so the court canceled the fine (Decision of the Sovetsky District Court of Tomsk in case No. 12-251/2019).

Have you asked? We answer*

Lawyer of the European Legal Service Evgeniy Ivanov explains that the inspector issued a fine for non-compliance with traffic rules lawfully, since “the driver did not take into account road and meteorological conditions, and when danger arose, he did not take measures to reduce speed.”

*Questions found on automotive forums and websites.

*First and last names have been changed by the editor.

• Marina Kensheva

How to appeal a fine?

Appealing a fine for failure to keep a distance in 2021 is carried out in accordance with Article 30.1 of the Code of Administrative Offenses of the Russian Federation. You must contact the head of the traffic police or the district court at the place of consideration of the case. You can initiate the procedure within 10 days. The corresponding rules are enshrined in Article 30.3 of the Code of Administrative Offenses of the Russian Federation. The period begins to be calculated from the moment the decision is received.

In practice, a citizen may miss the deadline for good reasons. The period can be restored by preparing a petition and sending it to the person who will consider the complaint. However, the list of grounds that are recognized as valid is not reflected in the legislation. The corresponding decision will be made by an authorized person. The process of appealing a traffic police fine for failure to keep a distance is carried out according to the following scheme:

1. The citizen gets acquainted with the peculiarities of the current situation and finds a reason due to which he can appeal the fine.
2. A man collects evidence. Witness testimony, photographic results, video recordings and documents can confirm the illegality of the actions of traffic police officers.
3. A person files a complaint. However, the legislation does not provide the exact form of the document. It is only important to follow the rules of office work and indicate important information. If you find it difficult to prepare a document yourself, use a ready-made sample.
4. All papers and evidence are transferred to the authorized body. It could be the traffic police or the court.
5. A representative of the authorized body reviews the documentation. The period depends on the chosen authority. So, if a citizen contacts the traffic police, they must give a response within 10 days. If legal proceedings are initiated, the period will extend to 2 months.
6. The citizen receives the final decision. If the person is not satisfied with the verdict, he can begin the procedure of appealing the fine for failure to maintain distance in an accident by preparing an appeal.

Complaints about a fine for failure to maintain distance during an accident can be found here.

Drawing up a notification by participants in an accident

The law provides the opportunity for participants in an accident, in the absence of disagreements between them, to resolve all issues themselves, without contacting the traffic police, by drawing up a European protocol. This will allow the victim to receive up to 50,000 rubles from the insurance company. This is possible under the following circumstances:

• in the absence of bodily injuries among the participants in the accident;
• if they have MTPL policies;
• in the event of a collision of no more than two vehicles. In all other cases, you cannot do without the traffic police. Its employees study all available information, interview witnesses, which allows them to accurately identify the culprit of the accident and impose a fine on him for failure to maintain distance.

If an emergency occurs and paperwork is completed, adhere to the following recommendations that can help you prove your innocence:

• give arguments in favor of the fact that the violation of the distance was due to objective reasons and it is not your fault;
• require this information to be included in the protocol.

Considering that the definition of a safe distance is a subjective concept and there are no clear criteria in the law, if you disagree with the content of the protocol on an administrative offense, there is always the possibility of appealing it.

Nuances

If you plan to appeal a fine for failure to maintain distance during an accident in 2021, you must begin recording evidence at the stage of registering the offense. Be sure to film the scene of the accident, paying attention to objects that could have caused the accident. Directly in court, you can use an accident diagram to prove that the danger of reducing the distance occurred due to the forced or incorrect actions of other road users. It is better to enlist the support of a professional lawyer. He will help you defend your position and achieve a positive result.

Draw the inspector's attention to the surrounding circumstances. Penalties can be avoided if the accident was caused by a sudden failure of the brakes, driving on a narrow road where maintaining a safe lateral distance between cars is impossible, or the motorist performing a maneuver without warning other road users.

Penalty for driving too close

This offense is regulated by Art. 12.15 Code of Administrative Offenses of the Russian Federation. An offense arises only in the event of an accident. This means its material composition. The inspector does not have the right to stop the driver due to his failure to maintain a distance; a sanction can be applied after the accident has occurred. However, not all rear-end collision cases will result in state penalties being applied to the driver.

ATTENTION !!! Thus, a hit from behind into a parked car cannot be qualified under Article 12.15 of the Code of Administrative Offenses. This is due to the fact that such a vehicle is not recognized as a direct participant in road traffic.

If the driver’s actions do not constitute other offenses, he will bear exclusively civil liability. Thus, a fine can only be imposed if both vehicles are participants in the traffic.

Today, in case of an accident in 2021, the Code of Administrative Offenses of the Russian Federation provides for a fine of 1,500 rubles. The law does not provide for increased punishment for repeat offenders. Failure to maintain lateral distance falls under the same article with a similar fine. In addition, in addition to administrative, the driver will also bear civil liability. If the culprit had an MTPL insurance policy, it will cover certain damages. The amount of such payments cannot exceed half a million rubles. All costs in excess will fall on the culprit of the accident. Repairs to your own car will have to be done at your own expense (except in the case of CASCO insurance).