Ambiguous driving situations are not uncommon, which every driver knows about. One of the most relevant points of this kind is to avoid an obstacle through a solid one. Often in such situations, you have to go into the oncoming lane. But is such a violation of current traffic rules permissible? They say that you can get a serious penalty for crossing the markings in the form of solid lines.
Everyone who takes control of a car needs to know how to act correctly under such circumstances.
Detour concept
In accordance with the current rules, a detour is understood to mean a certain maneuver requiring the vehicle to leave the lane due to the presence of an obstacle on it.
Moreover, the obstacle is treated as a certain object, which is located directly on the roadway, maintaining a fixed position, if it excludes the possibility of movement along a certain lane of the road. The concept of avoiding an obstacle through continuous traffic rules is stipulated precisely as a fixed, not a moving object. This is definitely worth remembering.
Obstacles are considered:
- faulty or damaged due to various reasons of the vehicle ;
- any accidents that impede movement;
- any foreign objects;
- defects of the roadway.
That is, if transport stops on the road in compliance with all the requirements of the applicable traffic rules, it cannot be classified as an obstacle.
Problem complexity
As already noted above, an obstacle is considered to be everything that is motionlessly located on the roadway and excludes travel on this section of cars. Actual rules require you to go round it only on the right or, if there is another free lane, along it. It is usually not difficult to avoid obstacles through a solid one on four-lane roads.
But what is the right way to do it if there are only 2 lanes on the carriageway for traffic, and it is not possible to go on the right? In such situations, you need to clearly know if obstacle avoidance is allowed through a solid marking line.
Current regulations indicate that driving in a traffic lane for oncoming vehicles is treated as a serious violation. A fine of 1,500-2,000 thousand rubles may be issued for him. Deprivation of the driver’s rights for 4-6 months is possible . Any attempt to detour along the sidewalk or roadside is likewise punishable by fines.
Some time ago, in view of the many controversial situations on this issue, the traffic police leadership clarified the rules of the road regarding detours through continuous traffic - there should be no punishment for this. But in practice they are not always applied.
What can they write a fine for?
It is important to understand exactly what actions on the part of car owners can constitute an administrative offense if an obstacle is avoided, including through a continuous one.
So, when driving on the road and the appearance of an obstacle to his detour, the driver can go to the side of the road or to the oncoming lane . In any case, when making a detour of an obstacle through a solid marking line, which has the designation 1.1, as well as 1.3, a real violation is formed.
This applies to all types of obstacles, including:
- Accident involving several cars ;
- any large item excluding a passing detour;
- fencing exposed by road workers;
- breakdown of another vehicle, which provoked its forced stop on the roadway.
A traffic jam, broken glass, a cardboard box, a cork, a puddle, a trash bag and even a pedestrian are definitely not considered an obstacle. If in this case you make a detour of an obstacle through a solid marking line, this can lead to the deprivation of the VU by a court decision on the basis of Art. 12.15 of the Code of Administrative Offenses under Part 4.
Moving around a rolling obstacle
Another difficult moment on the road is a detour of moving objects, which cannot be classified as an obstacle, as traffic rules interpret it. Even if a standing vehicle, which has an alarm activated, starts driving when it is bypassed, then a traveler will automatically transform into a violator of the established rules of behavior on the road. In this case, the detour of the obstacle through a solid line is transformed into overtaking, made in the oncoming lane.
Another controversial situation may arise with the participation of passenger transport. So, if any of his representatives makes a stop to drop off passengers, he cannot be called an obstacle. In such cases, avoiding an obstacle through a solid is unacceptable . Traffic rules require you to wait until the stop of the route vehicle.
Oncoming lane exit fixation options
Such a violation as avoiding an obstacle through a solid one with a trip to the oncoming lane, if this is interpreted as a violation, can be detected both by means of modern complexes that perform automatic video recording and by a special camera of traffic police officers. If with the traffic police it is possible to discuss the current situation and bring arguments in their defense, then this is simply impossible with equipment. Based on the results of the operation of the technical device, the driver is issued an appropriate resolution, accompanied by a receipt to pay a fine for leaving the oncoming lane.
If bypassing the obstacle through a solid one was fixed by the traffic police, a constructive dialogue is quite possible, it is allowed to express objections, disagreements with the violation in a calm manner. It is imperative to mention the forced nature of your maneuver and the lack of specific intent. It is permissible to refer to the inaction of the employees themselves who do not take measures to solve the problem of an obstacle that appears on the road. The basis for such claims may be the order of the Ministry of Internal Affairs No. 185, paragraph 49.
In the most difficult cases, when the driver is confident in his innocence and did not really commit the offense attributed to him by the employee, you can file a complaint about his actions with the prosecutor's office or his own security service. But for such a serious step, the driver really should have good reason.
Modern judicial practice is such that in most cases, drivers receive fines for avoiding an obstacle through a continuous one, since the rules interpret the situation in two ways.
Oncoming lane obstruction
It’s not always possible to bypass an obstacle through a solid one not on the oncoming lane . But the current legislative clauses 9.2, 15.3 prohibit the movement into lanes designed for the movement of oncoming cars as part of an obstacle avoidance. That is, the following maneuvers are strictly prohibited:
- when driving on roads with at least four full lanes, move to lanes allocated for oncoming cars during detours;
- when driving in the immediate vicinity of the railway crossing, move to a lane intended for oncoming cars as part of detours of any kind, regardless of how many lanes are provided on the road.
If on the two-lane road the markings are not marked or a dashed line marked with 1.5 is clearly visible, it is forbidden to make a detour in the oncoming lane. This is due to the lack of conditions that create the fact of a ban on such maneuvers in principle .
Features of detour obstacles in the form of an accident in the oncoming lane
Many drivers intend to avoid obstacles even through double continuous if the passing lanes are blocked by the participants in a road accident. But such a maneuver is punishable by a serious fine, the deprivation of a driver’s license is not excluded, which is already done in court.
Regardless of the reason, going into the oncoming lane , if the road is divided by one or two solid lines, will entail punishment. Usually avoiding an obstacle through a double solid is punished even stricter than breaking one solid!
Is it permissible to go round through the continuous
In order to correctly interpret the detours of obstacles prescribed in the SDA through solid, it is important to clearly distinguish between the notion of detour in the oncoming lane and detour in the oncoming lane, but through the solid. Moreover, even if there is no corresponding marking on the roadway, but the appropriate signs are installed, then the detour will be classified as a violation. In this case , the imposition of sanctions prescribed by the Code of Administrative Offenses is possible .
At the same time, it is worth recalling the important point that in the rules under paragraphs 9.2, 15.9 there are no indications regarding two-lane roads, which are separated by marking 1.1. Therefore, in this case, drivers can by mistake avoid recognizing an obstacle. Of course, at first glance, there is no permission for this maneuver in the rules, but there is no direct prohibition.
But here it is necessary to recall the peculiarities of this type of marking itself: it is always applied in areas providing for only 1 lane in each direction, where it is initially unacceptable to go into the oncoming traffic . That is, it seems like there is no direct prohibition, but with a certain interpretation of the rules, this may well be considered a violation. This is an ambiguous situation, so as far as possible it is better to refuse such maneuvers in order to avoid unpleasant consequences in the form of sanctions.
So how does the driver need to make a decision if an obstacle appears in his way, forcing him to cross a continuous lane for his detour? Usually, when driving on two-lane roads, the choice is made in favor of the roadside, since traffic on the oncoming lane and especially on the sidewalk is extremely dangerous. But in practice, other conditions may add up. It is possible that one will have to act according to the situation, sometimes even avoiding an obstacle through two continuous ones can be justified.
If avoiding obstacles through a solid one on the road can still be interpreted by the current rules for driving a car in two ways, then when it comes to avoiding other objects that do not belong to this category, whether it is a traffic jam or something similar, it will definitely entail punishment. It can be different, depending on which path was chosen by the driver:
- a detour in the oncoming lane is fraught with the fact that the court will take away the rights for a long period up to six months;
- maneuvering along sidewalks, paths for pedestrians, cyclists is punishable by a fine of 2 thousand rubles;
- traffic on the side of the road during a detour entails the imposition of a sanction of 1,500 rubles.
Penalties in many cases are imposed for improper execution of maneuvers to avoid obstacles.
Features of maneuvering by signs
Occasionally on the road there may be obstacles that are already indicated by the corresponding signs. In such cases, follow their instructions. The driver must clearly interpret them.
Installation of a sign indicating the presence of an obstacle is carried out in cases:
- Stops of special communal service vehicles that are operating on a specific area of the road as planned or urgent. Then, by all means, a certain section is enclosed, signs are set that indicate a detour.
- Accident, which for a long period of time completely covers the lane on the road.
- Carrying out repair road works.
In each of the listed cases, the set direction will indicate the necessary direction for the detour. It may be different depending on the situation. Even if such a sign shows a path involving movement through prohibitory markings, this will not be a violation when its requirements are met. The same applies to the installation of temporary signs that regulate traffic.
Penalties provided
The amount of fines for all violations is periodically reviewed. According to information at the end of 2017, the “cost” of a maneuver related in one way or another to the intersection of continuous ones will be 1,000 to 2,000 rubles.
It is also possible to move along the side of the road, which is punishable by a fine of 1,500 rubles. For traffic on paths for pedestrians or cyclists, a fine of 2 thousand rubles is provided.
It is important to understand that whenever possible it is necessary to wait until the obstacle is removed so as not to run into sanctions. In rare cases, it may be necessary to drive back some section of the road to make a U-turn, but only if there are no prohibitions on this. Otherwise, this is punishable by fines.
When is it allowed to go around an obstacle?
Actual for today traffic rules in many cases do not prohibit the implementation of such a maneuver as a detour of an obstacle in a lane. You can do this by going to:
- a nearby lane for passing cars, only when it is separated by strictly broken lines;
- the central lane for traffic on the road ( if there are three or more lanes), if this does not require violating the markings applied on the site and the action does not occur near the railway crossing;
- oncoming traffic if the two-lane road is not separated by a solid line and the action does not take place near the railway crossing.
How to avoid a real obstacle on the roadway?
Every driver sooner or later has to face the appearance of obstacles on the way. In many cases, they provoke a complete maneuver . One way or another, it is important to remember the simple detour rules, following which will prevent sanctions against the driver.
The basic rules are as follows:
- First of all, it is important to assess the situation and clearly identify the cause of the obstacle - it is quite possible that the bus just stopped for passengers to land or a traffic jam was formed.
- Next, you need to look for detours on the right side, if there is an appropriate place, avoiding collisions with the sidewalk area.
- If there is a serious problem, it is necessary to inform the traffic police about it, it is advisable to wait for the employee to find a solution to the situation, although in practice it is difficult to imagine such an option.
- If the driver decides to cross the solid, it is necessary at least to fix the traffic situation through the camera in a mobile phone or using a DVR - this will prove in case of proceedings, but this will not guarantee impunity for the driver.