Contradiction between traffic rules and administrative codes
According to the traffic rules established in 2021, standard overtaking consists of several basic manipulations.
This may involve driving into the oncoming lane, possibly getting ahead of one vehicle or several at once, and then returning to the lane that was previously occupied.
Many drivers are interested in the question of whether or not it is possible to carry out such a manipulation, how to cross a solid marking line when overtaking and avoid losing a driver’s license if a violation was detected by traffic police officers.
Is there a discount on the fine for overtaking on a solid line?
Some administrative fines can be paid with a fifty percent discount. This is stated in Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation. The same norm establishes a list of violations that cannot be paid less than the amount established by the protocol.
Among the exceptions is paragraph 5 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, which provides for sanctions for repeated violations. Points 3 and 4 are not specified in the norm; accordingly, the fine for overtaking through a solid marking line, committed initially, can be paid with a fifty percent discount.
It is logical to assume that the reduction in value is applied only if the court uses a fine. The period of deprivation of rights for completing overtaking through a continuous line cannot be changed otherwise than on the basis of a separate judicial act.
Is it allowed to overtake through a solid road?
The modern automobile market is developing quite rapidly. Brand new models are constantly appearing, each of which is equipped in such a way as to fully satisfy the requirements of buyers - experienced drivers and beginners.
The number of buyers who have the opportunity to purchase a personal car is increasing almost every day. People are simply beginning to switch to their personal means of transportation en masse.
For each individual driver this is not a problem, but for the whole world as a whole, for city and country streets, such an abundance of cars becomes a problem, since the number of accidents increases significantly.
If we take into account the latest trends, based on which the driver has at least once had an accident while driving, the legislation is gradually changing to suit this or that time, traffic rules are becoming more stringent.
Despite this, it is quite difficult to avoid various violations. The reason for the occurrence of such difficult situations lies primarily in the gradual decrease in the usual space on the road.
There are a huge number of cars on the roads with drivers sitting in them, where everyone strives to get to their destination as quickly as possible.
It is difficult to find a motorist who would not find himself in a situation where he has to drive for a very long time, moving along the highway at a fairly slow speed.
The reason for such a slowdown is often based on the fact that there is a real caravan of loaded trucks ahead of the car. It is clear that when a good moment arises, most motorists try to avoid an obstacle in the form of a slow-moving vehicle. Very often in such situations, advance is carried out in violation of certain rules.
In the process of overtaking cars, drivers very often begin overtaking on intermittent markings and complete the maneuver on solid ones. This is a direct violation of currently valid traffic rules.
Most drivers are sure that such a violation of the rules is interpreted in the law not entirely correctly, while current legislative standards stubbornly insist that crossing a solid line in the process of overtaking is a direct violation of traffic rules.
For such manipulations, a fine may be imposed for crossing a solid line when completing overtaking in 2021 . Depending on the situation, the driver may be subject to a monetary fine, as well as temporary deprivation of his driver's license.
No driver wants to lose his license, so it’s worth familiarizing yourself with the rules for such overtaking. You can learn how to get ahead of the curve and at the same time not violate the current traffic rules.
It is worth noting that nominally manipulations of this kind are both prohibited and permitted . The assessment of the situation in this case will depend on the traffic police officers, on the level of their responsibility and conscientiousness.
Imposing a penalty for overtaking across a solid line
A penalty is applied to a traffic violation violator in the following order:
- The driver commits an offense by performing a maneuver prohibited by traffic regulations in the form of completing overtaking along a solid line.
- The violation is recorded by a traffic police officer.
- The driver's vehicle is stopped by a traffic police officer.
- The employee writes out a protocol on the commission of an administrative violation and hands it to the person.
- The driver signs the protocol. If he does not agree with the violation, he indicates this moment when signing.
- The traffic police prepares a case and sends it to the court for consideration.
- The court summons the offender to the hearing.
- At the meeting, the process is reviewed, the parties provide evidence of their positions and express opinions on the issue of the violation.
- The court decides to impose a sanction for completing overtaking along a solid line.
Attention! The final decision is made only by the court! A traffic police officer does not have the right to apply a sanction, since one of the possible punishments is deprivation of the right to drive vehicles.
If the driver agrees with the violation, he can express this fact at the meeting. At the same time, he has the right to ask for a more lenient punishment, that is, a monetary fine rather than deprivation of rights. If there are no other misconduct on the part of the driver, and he admits his guilt, then the court is more likely to cooperate and apply financial punishment.
If the driver does not agree with the violation, he can try to prove his position. Witness testimony, or better yet, camera footage will help protect your rights. If both the driver and the traffic police do not have a record, the court will decide in favor of the driver, since fatal violations in administrative law are interpreted in favor of the accused (by analogy with criminal law).
If a fine for overtaking on a solid line is recorded using a video camera, a court hearing will not be scheduled. The person will receive the decision by mail, but can try to appeal it in court.
Substantial evidence will be required to overturn the protocol.
Features and conditions for completing overtaking
At its core, overtaking across a continuous road is one of the most serious violations . It is impossible to avoid punishment for this. On modern roads, GOST is valid regarding the features and rules for marking.
If these white lines were drawn without taking into account certain legal requirements, it will not be easy to prove your innocence.
In other words, the answer to the question whether overtaking on a continuous road is a violation will be positive.
According to traffic rules, before a solid dividing line appears on the highway, additional warning markings must be applied. We are talking about standard markings, which look like small white rectangular lines.
The distance between them is allowed to be quite large. As soon as the marking changes in appearance, that is, the lines become approximately three times longer than the usual short ones, and the distance between them becomes less and less.
In this section, overtaking will be quite difficult, fraught with certain penalties and emergency situations. The illegality of such an action is based on the fact that in the process of completing overtaking you can accidentally slow down and move to a continuous line.
According to GOST requirements, it is strictly forbidden to apply a continuous standard line immediately after a broken one . Between these categories of lines there must be special intermediate signs.
Based on them, the driver must understand that after some time there will be a continuous line of markings on the road, and accordingly, overtaking is strongly not recommended.
If, during a difficult or emergency situation, the driver is sure that the markings on the highway are applied incorrectly, this must be indicated to traffic police officers . This will help you maintain your driver’s license and not face any punishment.
Responsibility for completing overtaking on a solid line
Article 12.15 of the Code of Administrative Offenses determines sanctions for violating the location of a car on the roadway. However, the specific punishment will depend on the circumstances of the case. Situations may be as follows:
- Departure was carried out through a broken line, that is, when permitted by current legislation. Returning to the original lane became impossible due to the sudden appearance of an obstacle that could not have been noticed earlier. Part 3 of the article applies, the sanction is a fine from one thousand to one and a half thousand rubles.
- There is no obstacle, that is, crossing solid markings when overtaking is entirely the driver’s fault. In this case, a more severe punishment is applied, corresponding to Part 4 of Article 12.15, namely a fine of five thousand rubles or deprivation of rights from four months to six months.
Repeated violation of Part 4 threatens with even more serious sanctions. Part 5 of the article is used, on the basis of which deprivation of rights for a period of up to a year is applied. If the violation was recorded using a special auto-recording camera, then a fine of up to five thousand rubles is applied.
In practice, there are many difficulties associated with identifying the completion of overtaking through a solid line by traffic police officers. Most often, they don’t even try to figure out whether the offender is to blame for the inability to return to his lane, so they immediately apply paragraph 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation. Undoubtedly, this is wrong, so such actions can be challenged in court.
Penalties in 2021
The decision of the Supreme Court, in the process of legally deciding the question of whether it is possible to cross a solid line when overtaking, decided to classify such a process as a serious offense.
According to modern legislation, violation of such a rule must necessarily be punished. However, at the same time, the law regulated the possibility of effectively preventing, if not a dangerous situation, but the resulting liability.
A fine and deprivation of a driver's license can be successfully avoided if you prove the inattention of employees of modern road services who made a mistake in the process of applying markings on the highway.
Violations of this type fall under the category of cases of certain administrative liability. In full accordance with the rules of the Code of Administrative Offenses of Russia, the legal punishment for the violator may be a certain financial penalty or confiscation of the driver’s license.
It should be noted that the penalty is chosen strictly by the traffic police, who in most cases prefer to deprive the driver of his license rather than impose a fine.
The amount of the penalty in 2021 may reach 5,000 rubles, while back in 2015 the fine amount was only 1,500 rubles . In other words, there has been a significant increase in the amount, which is based on the rapid increase in the number of emergency situations.
Many road accidents when crossing a solid line lead to the most unforeseen and tragic consequences.
Very often, seemingly innocent overtaking of a car across a solid line becomes the cause of very serious accidents directly involving several vehicles at the same time.
Speaking about the terms of withdrawal of rights, they range from 4 to 6 months. The exact sentence to be awarded depends on the degree of guilt of the driver.
If during the process of violation the driver causes additional risks for other drivers, the person will be deprived of his license for a period of six months. If there are no serious consequences, the deprivation of rights will be 4 months.
Appeal
If a fine is imposed on the basis of paragraph 3 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, you can appeal it in two ways:
- Through a higher authority. For example, the regional traffic police department.
- Through the court.
Two options are allowed, since the fine is issued directly by the traffic police officer. In practice, most often, paragraph 4 of the same article is applied, in which case the case is considered only by the court.
A fine imposed by a court can only be appealed through the appellate procedure, that is, to a higher court. The initial decision is made by the Justice of the Peace; accordingly, the appeal will be made through the district or city court.
The procedure for appealing a fine for overtaking across a solid line will be as follows:
- obtain a court ruling imposing an administrative penalty;
- prepare an appeal;
- file a complaint through the court that made the decision, but addressed to a higher court;
- wait for the meeting to be scheduled;
- appear in court for a hearing and express your position.
The higher court will not accept new evidence. He will only assess whether the court of first instance did its job correctly, whether all the circumstances were properly assessed, and whether the legal norms were applied correctly.
applications for appealing a fine for overtaking on a solid line can be found here.
Challenging violations and penalties
In certain situations, a driver has the right to challenge a violation while overtaking vehicles on a highway.
If the overtaking process was started on a broken line and completed on a solid line, this will be considered a fairly serious violation, which may result in a serious penalty.
It is possible to challenge the situation and thereby avoid possible liability for violating traffic rules and overtaking in only one situation.
This applies to the case when employees of public utilities and road services made certain mistakes in the process of marking the highway.
This is a serious shortcoming of road company employees, who are punished for the reason that road users are automatically placed in a risky position by means of such markings.
If the road markings were applied in accordance with established rules, it will be impossible to prevent punishment . The violator is guaranteed to pay a fine, and in more complex and dangerous situations will be deprived of his driver's license.
The exact punishment will be based on the severity of the violation and what consequences it caused.
Penalties
Crossing a solid line, regardless of the reasons for committing this act, is punishable by penalties.
Amount of fine for overtaking on a continuous road
Expert opinion
Mironova Anna Sergeevna
Lawyer and lawyer for automobile law. Specializes in administrative and civil law, insurance.
If the driver started the maneuver on an intermittent line and ended on a solid line, then a traffic violation protocol is drawn up against the motorist. For such an illegal action, a fine of 5 thousand rubles is imposed. If this offense is recorded again, similar sanctions are imposed on traffic cameras.
If the driver’s actions created a dangerous situation or led to an accident, then instead of a fine, the driver’s license will be confiscated for a period of 4-6 months. If the traffic rules are violated again, the document will be confiscated for a year.
What to do if a violation is detected?
If a driver is stopped and charged with a violation for crossing a solid median, and if he is confident of his innocence, it is important to take certain actions.
While the traffic police officer is busy with paperwork, it is worth studying and recording the general road situation. It is advisable to immediately photograph the emergency situation using your phone. This will be quite enough.
The resulting photo must include the following objects:
- route;
- signs;
- markings;
- automobile.
During the process of drawing up the protocol, you do not need to indicate your agreement with the violation, you do not need to register the fact of driving onto a continuous marking and how long it took to move along the oncoming lane.
It is enough to simply reflect all the measurements taken and indicate that a photograph is attached to the protocol.
During the conversation with the inspector, it is worth drawing his attention to the fact that it was not the rules of permissible advance that were violated, but the position of the car. It is wrong to advance and to overtake - these are two different things .
If there are any contradictions or disagreements with a traffic police officer, you should definitely record your disagreement in the protocol. It is imperative to require the inspector to draw up this document, the most detailed diagram of the violation.
It would not be out of place to mention that all the actions of the inspector and his reluctance to resolve the situation will be appealed in court.
Summing up
The driver will be guilty of committing a traffic violation if traffic police officers determine that he had the opportunity to comply with all the standards and rules established by law, but he did not take all the necessary measures to carefully comply with them.
Penalties will most likely be canceled if the driver would have to use even more dangerous emergency braking or suddenly wedge into a nearby column of vehicles to return to the designated lane.
Video: Started overtaking on intermittent - ended on continuous
Deprivation of rights
The most severe punishment for completing an overtaking maneuver across a solid line is the deprivation of the right to drive vehicles. The sanction is applied in two cases:
- on the basis of Part 4 of Article 12.15, if returning to your lane is impossible on time due to the fault of the driver;
- on the basis of part 5 of article 12.15, that is, in case of repeated violation of paragraph 4.
In the first case, the period of deprivation will be from four months to six months, and in the second - up to one calendar year.
In case of a primary violation, there is a chance to receive not a deprivation of rights, but a fine of five thousand. The courts often cooperate if a person needs his license to earn money or if he is committing an offense for the first time, has a good character, and has no outstanding penalties for violating traffic rules.
