Brakes failed: The State Duma plans to increase fines for traffic violations

The State Duma plans to significantly increase sanctions for illegal car tuning, as well as for driving faulty cars. At the same time, fines for tinting, as well as defects in the most important components of vehicles, will remain the same. Experts and lawyers have mixed opinions about these proposals. Details can be found in the Izvestia article.

Higher penalties

A bill has been submitted to the State Duma that significantly tightens responsibility for car tuning, as well as for driving vehicles with certain malfunctions. The document has been published in the legislative support system of the lower house of Parliament. 12.5 of the Administrative Code of the Russian Federation "Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited."

The fine for the violation provided for in Part 1 of Article 12.5 of the Administrative Code of the Russian Federation is scheduled to increase tenfold — from 500 to 5 thousand rubles. In addition, for "controlling a vehicle on the front of which there are lighting devices with red lights or red retroreflective devices, as well as lighting devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions on the vehicle's admission to operation" (Part 3.art.12.5 of the Administrative Code) to the current It is also proposed to add a fine of 5,000 rubles to the penalty of deprivation of rights for a period of six months to a year and confiscation of these devices and devices.

The authors of the amendments note that the proposed changes are aimed at "preventing accidents and improving road safety by tightening administrative responsibility for the installation and operation of external lighting devices and light sources, including LED lamps, when installed improperly, creating glare and other interference for drivers of oncoming and passing traffic."

"At night, a significant proportion of accidents are caused by drivers being blinded by oncoming lights. At the same time, based on the data from the review of the Scientific Center for Road Safety of the Ministry of Internal Affairs of Russia, one third of road accidents occur at night, the greatest severity of the consequences was characterized by accidents committed between 00:00 and 06:00," the explanatory note to the bill says.

The implementation of these proposals "will contribute to increasing the level of protection of road users from blinding and related emergencies," the authors of the amendments believe.

Not just the headlights

The article of the Code of Administrative Offences, which is scheduled to be amended, provides for liability not only for violations during the installation and operation of external lighting devices on a vehicle, but also for many other malfunctions, as well as for illegal car tuning, lawyers and experts interviewed by Izvestia say.

— Part 1 of Article 12.5 of the Administrative Code concerns not only headlights, but in general all malfunctions in which vehicle operation is prohibited: from wheels and tires to illegal installation of a tow bar, if it is not provided for by the car's design, and visibility requirements, — Maxim Kadakov, editor-in-chief of Za Rulem magazine, noted in an interview with Izvestia..

This article also covers any changes that are made to the design of a vehicle, including the installation of gas cylinder equipment and any car tuning, emphasizes Sergey Radko, a lawyer for the Freedom of Choice movement. At the same time, liability for violation of tinting requirements, as well as control of a vehicle with a faulty braking system (with the exception of the parking brake), steering or coupling device, is regulated by other parts of Art. 12.5 of the Administrative Code, the lawyer noted. Part 3.1 is provided for tinting, and Part 2 of this article is provided for faulty braking and steering systems, explained Sergey Radko.

— However, the bill does not address these parts of Article 12.5 of the Administrative Code, the proposed changes relate only to its first and third parts, — said the lawyer.

If the steering and braking systems are defective, as well as the coupling device, further operation of such a vehicle is prohibited, while in case of other malfunctions it is allowed to continue driving to the destination or repair, Sergey Radko reminded.

Legislative imbalance

— If we follow the proposed changes, then the defect in the braking system or steering is "estimated" at 500 rubles, and the incorrect headlight is estimated at 5,000 rubles. This looks at least strange, considering that a car with faulty brakes or steering wheel poses a much greater danger than a car with an unlit or blinding headlight. Of course, "collective farm" xenon is evil, it would be more logical not to increase fines for all malfunctions in a row, but to single out blinding lighting devices in a separate article of the Administrative Code, Maxim Kadakov told Izvestia.

Anton Shaparin, Vice President of the National Automobile Union (NAS), also considers it necessary to include the punishment for non-standard headlights and exhaust system in a separate article of the Administrative Code.

— The proposed amendments unbalance the Administrative Code and impose disproportionate penalties. However, the authors of the amendments apparently believe that the presence of a tow bar or gas cylinder equipment on the car is more dangerous than faulty brakes or steering," the NAS Vice president noted.

Sergei Radko and Maxim Kadakov believe that appropriate changes to the proposed bill, which were introduced to it for the second reading in parliament, can correct this imbalance.