The damage from accidents on the road (hereinafter - the accident) every year is measured in huge amounts. The main causes of accidents are non-compliance by road users with the established rules governing it.
The concept of administrative offenses
Art. 12 Administrative Code of the Russian Federation is devoted to administrative offenses in the field of traffic on the roads. It contains thirty-seven subparagraphs. According to them, drivers of vehicles (hereinafter - TS) can be held accountable for various actions. What specific traffic offenses does the article refer to? What can be held responsible?
- For driving an unregistered vehicle.
- For driving without appropriate documents for a car.
- When driving a faulty vehicle.
- Management in a state of intoxication.
- Overspeed.
- Driving a vehicle without a driver’s license.
For these and many other violations specified in Art. 12 Administrative Code, punishable by fines, the amount of which reaches several thousand rubles. Deprivation of the right to drive a vehicle for a specified period of time is also possible.
Traffic offense
The Code of Administrative Offenses determines that a road offense is a socially harmful, unlawful, guilty action (inaction), which poses a threat to the health and safety of people, damage to vehicles.
As for the harm that may be caused, it is understood that it occurs when driving on vehicles. The latter are recognized as sources of increased danger, they should only be managed after appropriate training and the necessary driving skills.
Composition of offenses
What is the subject of the above offenses? Safe traffic, vehicle operation (their trouble-free operation). The driver, having left the road on a faulty or not fully equipped car, endangers the people around him and other motorists. The latter may cause physical or material harm. Therefore, Art. 12 Administrative Code prohibits driving on a technically unsupported or faulty vehicle.
On the objective side, offenses are characterized by the presence of only unlawful acts of citizens against the Rules of the road, operating faulty cars, transporting goods without proper clearance and fixing.
Under administrative responsibility fall citizens who have reached a specified age (16-18 years), officials, legal entities. A special subject is a driver driving a vehicle, an animal driver. It does not matter if he has the right to control the vehicle. Hold accountable under Art. 12 Administrative Code of the Russian Federation is possible if the person personally controlled the vehicle or was in the place of the instructor-driver.
Special subjects
Particularly noteworthy are those who serve in the army, employees of law enforcement bodies and other law enforcement agencies. The legislative acts regulating the procedure for serving in these bodies indicate that they are not brought to administrative responsibility, except for violation of the Rules of the road. Then they are no different from ordinary citizens.
But not only drivers of vehicles can be held accountable for traffic violations. Those who do not have a personal car, or drive in it only as passengers, are its equal participants.