The road has always been, is and remains one of the most dangerous places. Every year it takes away thousands of human lives: high speed, non-compliance with the rules, the human factor. Overtaking is one of the most difficult and dangerous maneuvers on the road. And overtaking, performed under the sign "Overtaking is prohibited", is doubly dangerous.
Introduction
Many drivers are familiar with the traffic situation when, after a seemingly successful overtaking, a sweep of a striped wand follows and a request to stop at the edge of the curb. What bad thoughts do not fly in the driver’s head at that moment! Unfortunately, not everyone understands what to expect for violation of the sign "Overtaking is prohibited." What is the right thing to do in this difficult situation and is it possible to get out of the water dry? Let's figure it out.
The sign "Overtaking is prohibited"
This sign is in the rules under the number 3.20 and is one of the most important. No wonder it belongs to the category of prohibitory traffic signs. The choice of its installation location is due to various dangers for the driver associated with poor visibility due to terrain or sharp turns with poor visibility. This sign indicates to drivers that this section of the road is an increased danger and overtaking on it is extremely risky.
The SDA says in black and white that it forbids drivers to overtake all vehicles (hereinafter referred to as the TS) with some minor exceptions to the rules. Namely: it is allowed to overtake low-speed vehicles (they cannot constructively develop more than 30 km / h), various horse-drawn carts, two-wheeled mopeds, scooters and motorcycles without a side trailer and, of course, cyclists (both single and group). This sign on public roads is often duplicated by a solid marking line. It is allowed to be used in conjunction with additional plates 8.5.4-8.5.7 and 8.2.1. When carrying out repair work on the carriageway, the sign "Overtaking is prohibited" has a temporary status. In this case, it is made on a yellow background.
The area of the sign "No overtaking"
Like most road signs, not only in Russia but also in other countries, this sign has its own coverage area. From the by-law, called the SDA of the Russian Federation, it is clear to us that this road sign is valid:
- From the place where he stands, to the first intersection of roads, and in his absence - to the end of the village. Outside the settlement is supplemented by signs and tablets.
- It may be limited by an additional plate 8.2.1 indicating the extent of the restricted area.
- It ends at the place of installation of the sign 3.21, indicating the end of the overtaking restriction zone. However, he does not allow it, but only indicates that the sign has lost its strength.
- Road sign 3.31 removes all previously entered prohibitions, therefore, cancels the effect of sign 3.20. Just like 3.21, it does not allow overtaking.
As you can see, the zone of validity of the sign "Overtaking is forbidden" has clearly defined boundaries.
What will be the punishment
What will be the fine? Under the sign "Overtaking is prohibited" there are various options for marking the road (or its complete absence). Consequently, the punishment may be different. Let's look at a few basic options:
1. Departure of the car to the “oncoming line” contrary to the requirements of road signs and markings.
This neglect of traffic rules is punishable by part 4, 12.15 of the Administrative Code of the Russian Federation and ranges from 5,000 rubles until deprivation of higher education through the court for 4-6 months. In the second such violation, 1 year deprivation is provided. It should be remembered that when a violation is recorded by cameras, a fine of 5,000 rubles will be issued. This is one of the most severe violations of traffic rules. It is with this article that the traffic police scare drivers when they commit a less significant administrative offense.
2. Avoiding the vehicle obstacles in the “oncoming”, if it is possible to go around on the right.
This is possible when an accident occurred on the road, an accident happened, the road surface does not allow you to move directly, and so on. Although there is an opportunity to shift in one direction and not leave for the oncoming traffic . But drivers are in a hurry, and therefore violate the sign "Overtaking is prohibited." What is the penalty for this? Not so big - from 1000 to 1500 rubles for hours 3, 12.15 of the Administrative Code of the Russian Federation.
3. Non-compliance by drivers with signs or markings.
This is possible when in the presence of sign 3.20 there is no marking (as an example, in the place of repair work on the road), and the width of the road is quite large. Drivers, making seemingly safe overtaking within the framework of traffic rules, move in the middle. The penalty for such a violation is quite humane - according to part 1, 12.16 of the Code of Administrative Offenses of the Russian Federation, the violator faces only 500 rubles, but it is also possible to issue a warning.
Real traffic situations
Imagine that you are driving on a two-lane road, a heavy truck is traveling in front of you at low speed, blocking the view and hiding traffic signs. Intermittent markings to your left. Turning on the direction indicator, changing lane to the oncoming lane, the beginning of overtaking - and then intermittently miraculously turns into a solid one. And a little further valiant police officers wave their batons and invite to a dialogue. Common situation? Unfortunately, there is no painless way out of this. It is rare that an inspector will meet and limit himself to a warning. Usually, a fine of 5,000 rubles is threatened for this, as for going to the oncoming traffic .
Or another option: a two-lane road with an intermittent lane dividing oncoming streams. The same heavy cargo, hiding a sign warning that the “Overtaking is prohibited” sign has begun, and overtaking started under it. The same traffic police inspectors, as always inappropriately in this place at this time. It is impossible to prove anything, because traffic signs according to traffic rules are more important than marking, and when overtaking it was necessary to rely on the sign, and not on the dashed line. And the fact that you did not see him, then who is to blame?
A frequent controversial traffic situation is overtaking under the temporary sign “No overtaking is allowed” on a repaired stretch of road on which there is no marking. Inspectors, taking advantage of their position and the fact that for the most part drivers are afraid of them, are charged with overtaking in the opposite direction with the appropriate punishment. After all, the fine for the “oncoming traffic” is not small - 5,000 rubles, or even deprivation of VU for 4-6 months. But in each of the situations described, it is possible, if not completely avoiding punishment, to substantially reduce it.
When the traffic police inspector stopped
So, you were stopped by a traffic police officer for neglecting the 3.20 sign and threatened with a fine of 5,000 rubles or deprivation of VU through the court. The first step is to calm down and carefully analyze everything. Perhaps there are ways to mitigate the punishment. The first thing to do is to try to find an obstacle on the roadway. It can be a pit, a stick or a tree branch, a large stone, a car standing on the emergency gang. Anything, if only fell under the definition of "obstacle". For this violation they will write a fine in the amount of 1000-1500 rubles.
Another option to challenge your violation is a sign that is not installed in accordance with GOST. In this case, he has no power, and it is impossible to punish for such a violation. What does GOST 52289-2004 require:
- At the DOP, with two or more lanes for driving in one direction, the sign "Overtaking is prohibited" must be duplicated on the dividing strip or on the left side of the road in the absence of a dividing line. It is worth making sure that this item has not been violated, otherwise you need to indicate to the traffic police officer this. He, in turn, is obliged to enter the discrepancy of signs or markings in a special journal and transfer to the duty unit. From there, the information should go to the road service to eliminate the deficiency.
- From the sign to the ground outside the settlements should be 1.5-3 m, in settlements - 2-4 m. Often the signs are set with serious violations. Especially this sin in the manufacture of road works, putting signs on the mast, but almost on the ground. It is necessary to measure the height of the installation in the presence of witnesses or to take a photo or video of the measurement taken.
- The sign is closed by trees and shrubs, various designs, other objects interfering with the review or turned around by the wind. According to GOST, it should be visible from a distance of 100 m. If it is not visible, demand the cancellation of the decision. However, it will be useful to photograph that the sign is hidden from the drivers. It often happens that without these photographs others appear, on which it is clear that the sign was visible and perfectly readable.
- GOST also regulates the order of placement. Priority signs come first , then warning, prescribing, special prescriptions and finally prohibiting. Failure to comply with this sequence of placement allows the driver to avoid punishment, since the sign established in accordance with GOST is not valid. The number of characters on one mast is also regulated.
If there is at least one item from this list, then you cannot be punished for perfect overtaking under the “No overtaking” road sign. True, most likely, the court will have to prove their innocence. And here the evidence gathered earlier will come in handy.
In which cases, according to the SDA, there will be no punishment
Not many drivers know that there are exceptions to the traffic rules, therefore, inspectors do not have legal grounds to punish the driver for such overtaking. These are exceptions such as overtaking:
- Slow-moving vehicles. It must have a corresponding sign (a red triangle with a yellow border), otherwise, even if its speed is below 30 km / h, it is not slow, and the inspector has the right to write you a fine.
- Horse or horse-drawn carts, as well as single riders.
- All kinds of mopeds, scooters, motorcycles and other two-wheeled motor vehicles. Of course, provided that they move without a side trailer.
- Single cyclists or their groups.
Even when overtaking these vehicles under the sign and the solid line, you cannot be held accountable for their violation, since it is not such.
Useful Tips
Here are five useful tips to help you avoid punishment and not find out what the penalty for the “No overtaking” road sign faces:
- The need, safety, and possible consequences of this maneuver should be carefully considered.
- If you overtake under the sign "Overtaking is prohibited" and you were stopped by a police officer, do not panic and be led to provoke him.
- When stopping, the inspector should take a picture of the traffic situation, so that later there is evidence of your words.
- Be sure to insist on a protocol. Say that you will certainly appeal it in court.
- And of course, you need to know and remember to follow the rules of the road.
Conclusion
As you can see, this road sign is fraught with some features, hidden pitfalls and dangers. Violation can be interpreted as going to the “oncoming traffic” (with all the consequences), and as a simple warning for non-compliance with signs and markings. In any case, you should think carefully before overtaking. For good reason, this sign is installed in places where the review has limited visibility, and overtaking is banally dangerous to make. The road does not forgive people inattention and indifference in the rules of behavior dictated by it. Before you do anything, think about your family, because you are waiting at home. Good luck on the road!