Stop on demand: a car on the road is not a hindrance
A car stopped by traffic police on the roadway is not an obstacle. This is the conclusion reached by the Supreme Court of Russia. In this case, detouring a vehicle through a solid marking line threatens with a large fine or loss of rights, lawyers and experts say. How can a driver who finds himself in a similar situation avoid becoming a traffic violator, Izvestia found out.
Detour with check-in
In March last year in Perm, the driver Ifanov (last name changed. — Izvestia) He drove around the car in front of him on the roadway. During this maneuver, the motorist crossed a solid marking line. This was noticed by employees of the State Traffic Inspectorate, who compiled administrative material against Ifanov under Part 4 of Article 12.15 of the Administrative Code of the Russian Federation ("Driving in violation of traffic rules into a lane intended for oncoming traffic"). The magistrate's court found him guilty of committing this offense and fined 7.5 thousand rubles.
The motorist did not agree with this decision and challenged it in the Perm District Court, and then in the Seventh Court of Cassation of General Jurisdiction. In his defense, Ifanov argued that, driving into oncoming traffic, he avoided an obstacle in the form of a car standing in his lane. However, the courts considered that this argument did not absolve the driver of responsibility, and upheld the decision of the first instance. As a result, the motorist filed a complaint with the Supreme Court of the Russian Federation (SC RF).
The car is not an obstacle
After reviewing the case materials, the Supreme Court concluded that according to paragraph 1.2 of the Traffic Regulations, an obstacle is considered to be "a stationary object in a lane (a defective or damaged vehicle, a defect in the carriageway, foreign objects, etc.) that does not allow continued movement in this lane. A traffic jam or a vehicle stopped in this lane is not an obstacle, the Supreme Court emphasized.
"The evidence presented in the case file confirms the event and the composition of the administrative offense, since as a result of the consideration of the case, it was established that the vehicle overtaking which Ifanov committed was not defective or damaged, but stopped at the request of the traffic police inspector," the decision of the Supreme Court of the Russian Federation says.
As a result, the Supreme Court rejected the motorist's complaint and upheld the decisions of the lower courts.
Violation and punishment
The Supreme Court rightly did not recognize the car standing in the lane as an obstacle, according to Sergey Radko, a lawyer for the Freedom of Choice movement.
— The vehicle did not break down on the road, did not get into an accident, but stopped at the request of the traffic inspector. Accordingly, this car has not lost its ability to move independently, which means it is not an obstacle or an obstacle on the road that forced the fined driver to drive into the oncoming lane," he stressed.
At the same time, according to the lawyer, by stopping the car directly on the roadway, the police may have violated the requirements of the order of the Ministry of Internal Affairs of Russia No. 264, according to which the vehicle is stopped in compliance with traffic regulations, and if it is impossible to comply with this requirement, the police officer should take measures to ensure road safety in this place.. However, this does not affect the qualification of the offense committed by Ifanov, Sergei Radko noted.
— In theory, the traffic police should have asked the driver of the car they stopped to park on the side of the road or in another place so as not to interfere with the passage of other cars. Nevertheless, this does not negate the obligation of drivers to comply with traffic regulations," the lawyer said.
Even if there is a real obstacle on the road, such as a fallen tree, its detour is still prohibited by traffic regulations, Sergei Radko reminded.
— The sanctions for this are noticeably milder than for simply driving into the oncoming lane. Driving around an obstacle in violation of traffic regulations is qualified under Part 3 of art. 12.15 — the penalty is a fine of 1.5–2.5 thousand rubles and does not provide for sanctions in the form of deprivation of rights, — said the lawyer.
Wait or ask
Traffic police will not stop a car in the middle of the road without good reason, they will immediately suggest to the driver to park the car so that it does not interfere with the passage, Maxim Belugin, deputy chairman of the All-Russian Society of Motorists, is convinced.
— Perhaps there was some danger ahead on the road, maybe the safe passage of a heavy truck was ensured, and therefore the traffic inspectors decided to stop the car right on the road. The driver who drove around the oncoming car did not understand the traffic situation, violated traffic regulations and suffered the prescribed punishment for this," Maxim Belugin believes.
Igor Morzharetto, a member of the Presidium of the Public Council under the Ministry of Internal Affairs of the Russian Federation, agrees with him. In his opinion, the situation in which the driver from Perm found himself is similar to overtaking through a solid marking line of a bus that stopped at a bus stop.
— It is obvious that in a minute, or maybe even earlier, a car stopped by traffic police would have pulled over to the side of the road. The driver who was following needed to show a little patience, and not drive into the oncoming lane right in front of the police," he said.
Even if the driver of the first car, who was stopped by traffic police inspectors, had not cleared the roadway after some time, the second motorist still should not have crossed the solid marking line, Sergei Radko is sure.
— In such a situation, you should approach the police, explain the situation and ask them for permission to bypass a parked car. Most likely, they will either ask her driver to park elsewhere, or, if for some reason this is not possible, arrange safe passage," the lawyer advises.
Переведено сервисом «Яндекс Переводчик»
