On our roads, although rarely, there are situations when one of the signs given in the SDA contradicts the other. In this case, a question arises of a natural character: “What is more important: a sign or markup?”.
Character classification
To find out what is most important - a sign or markup, you need to find out the features of each of the designations in question. The former are divided into permanent and temporary.
A permanent sign is installed with reinforcement in the ground to the required depth. In order for it to stand firmly, concrete mixture is poured into the pit, and the soil is poured from above, after the latter has solidified.
Temporary signs are mounted on portable racks. As a rule, they are used during road construction works or during an accident. The base of the sign is an iron reinforcement crossed at right angles. Sometimes, for greater reliability, a load is installed in it in the form of concrete stone or metal weight.
If the mark is wound with adhesive tape to the base or to the tree, it will not be recognized as temporary in accordance with the applicable national standard.
Markup Classification
It is a designation that is applied to the roadway with paint to help regulate traffic rules without signs. Similarly to the latter, the markup is classified into permanent and temporary.
The latter is applied to a short time interval. She did not find widespread use in our country. The constant is applied for a longer time through the use of more resistant paints. Permanent and temporary markings differ in color. The first is applied in white, and the second in orange.
This, in general, corresponds to the signs. The background of the permanent ones is white, while the temporary traffic signs are yellow.
A priority
What is more important: a sign or markup? In accordance with the current edition of the SDA - a sign.
Among them, the first in the ranking list are temporary signs. This is due to the fact that it is quite easy to mount and dismantle in case of road construction works or in case of an emergency.
In the absence of such, the sign of permanent is the next in importance based on the rule of the road . It serves to regulate it on the roads, while it has a more stable paint, which is not affected by car tires, as a marking, which can be erased over time.
The next highest priority is temporary marking. It is infrequently applied, in connection with which it itself can cause an accident, but, nevertheless, the third in ranking temporal marking is precisely due to the fact that it is designed to prevent accident data, but because it does not find frequent use, so the list is located after the signs.
In the very last place is a permanent marking. It is applied in a thicker layer, so it serves a longer time period compared to the time.
So, if there are several signs on the road at the same time, you need to remember that the requirements of temporary, then permanent signs, which are more important than any marking, which are ranked in the same order as the signs, are met first.
Such a classification can be found in most articles that are located on the expanses of the global Internet.
Is everything so simple?
The SDA states that priority is only given if temporary signs are installed. If it is not, then there should not be any contradictions. When clarifying the question: “What takes precedence: a sign or markup?” we must proceed from the fact that if there are conflicting requirements on the part of the designations indicated in the question, there is a violation of the regulatory requirements of the national standard.
The sign, established not in accordance with GOST, indicates the absence of the objective side of administrative offenses.
What is charged to drivers?
Basically, violation of clause 1.3 of the SDA. But there is no reference to the relevant national standard, and the length of the road signs with explanations is not indicated. Only sign No. 3.20 is installed on those road sections where the visibility of the oncoming car is not ensured, and its effect extends to the entire length of the dangerous section.
Therefore, in the absence of “Action Time” plates, it is assumed by default that the sign is mounted in this area due to limited visibility, and therefore it must act only in this area. In this case, a road sign is installed with the explanations: “The zone of operation of the sign”, or can be mounted as such under the name: “End of the zone for prohibiting overtaking”. Without such mounting, the sign is valid until the first intersection or the end of the settlement in the absence of intersecting roads.
Actions of traffic police inspector in case of detection of sign and marking contradictions
If inconsistencies in the marking requirements and signs are identified, the inspector must report this fact to the appropriate authority, while he himself must ensure traffic regulation on this section of the road to prevent traffic jams and emergency situations.
Practice cases
As early as mid-2008, the traffic police had clarified the interpretation of cases in which marking requirements contradict those of the signs. In this clarification, it was established that there may also be a marking priority in case of non-compliance with the requirements of different traffic rules.
This can be applied if the road user is in a controversial situation due to conflicting rules that apply to signs and markings. At the same time, the resolution of the situation was prescribed in favor of these participants.
Incorrect sign mounting
If, following the highway, you will see a sign from the traffic rules “End of the zone of prohibition of overtaking”, and after 10-20 meters another one will be installed called “Overtaking is forbidden”, then the last one is illegal, because the current GOST stipulates that the minimum distance between them in settlements is at least 25 meters from each other, and outside them - 50 meters.
Examples
In the case of a combination of the presence of the temporary sign "Turn left" and a double solid line in the marking, the first one takes precedence. It is in accordance with it that it is necessary to act to prevent the creation of an emergency.
If the permanent sign “End of the zone of prohibition of overtaking” is set, but a continuous horizontal strip continues, then in this situation priority is given to the marking. The sign indicates the area where overtaking was prohibited, and then you need to move along this segment until the beginning of the dashed line.
On some highways, the marking is erased, or in winter it can be covered with snow. Unscrupulous traffic inspectors can take advantage of the situation in order to write a fine for crossing the double line available at this place. In such situations , road signs must be installed.
In the event of their absence and writing out the protocol of the offense, the motorist must prepare to assert his rights. It is necessary to fix the area by taking photographs and / or video on which street names, house numbers, and visible markings will be captured. In this case, the protocol will need to be signed, however, it makes a note that the person to whom he is registered does not agree with the punishment.
Then you must go to court and apply for an examination. It must establish errors in the installation of road signs and prove their non-compliance with the requirements of the relevant national standard.
Finally
On the global Internet, you can find many simple recommendations when the question “What is more important: a sign or markup?” Arises, which comes down to the fact that priority is reduced from signs with a temporary status to permanent marking. However, there are nuances that must be taken into account. They found their reflection in this article.