Safe driving consists of many factors. Each of the situations has its own risks and can end in different ways. Violation of traffic rules "Overtaking is prohibited" is one of the most common causes of road accidents. This creates the danger of a head-on-head collision, which can be fatal. Most tracks today have four or more lanes. On such roads, safety is significantly increased, since it is impossible to break the rules for overtaking here. Therefore, fewer deaths occur. Let's talk about overtaking, changing this concept in the light of the current version of the Rules, sanctions for violation and consequences for the driver.
The concept
What is meant by the term "overtaking"? Previously, the concept was associated with leaving the lane. However, the new version of the rules slightly changed it. Now overtaking means advancing one or more vehicles only when the maneuver is carried out on the oncoming lane and ends with the return to your own.
Thus, it can take place only with two lanes directed in opposite directions. At the same time, there should be no “No overtaking” sign. A fine is a punishment if the rule is violated.
The maneuver is performed on the left side. You can not overtake on the right . Even if there is no prohibition sign, such movement is also punishable by penalties. True, there is a controversial moment when a detour of the car to the right is made. Even such a maneuver can be interpreted as overtaking. Let us now consider what a fine awaits a driver in 2016 if a sign “Violation is prohibited” is violated.
Single or double lane intersection
Departure to the “oncoming” with a solid line is an offense that is punishable by law. It often causes serious fatal accidents. Therefore, the punishment for willful or unintentional violation is severe.
However, drivers know how many different situations there are on the road. They are trying to take into account traffic rules. So if:
- the car crosses the solid line, that is, leaving the oncoming lane without need, a violation is punishable by a fine of up to five thousand rubles;
- these actions are accompanied by a collision with a pedestrian or an accident in which other vehicles have suffered, rights are taken away for up to six months;
- it is about saving one’s life or that of others, such an action will not entail a fine, but this must be indicated in the protocol;
- after the accident, the victim must be taken to the hospital, and waiting for an ambulance is dangerous for the patient, then the solid line can be crossed and turned if necessary;
- transport barely moves in front, the presence of a solid line prohibits maneuvering, and if the driver is violated, he will be fined.
In the latter case, of course, there is an opportunity to make excuses if, for example, a tractor was moving ahead. However, so that the continuous intersection does not end with a fine, you will have to turn to a good lawyer. And the services of the latter, as you know, can cost much more than the size of the punishment.
Prohibition of overtaking cars with turn signals on
Overtaking rules also include the case when a moving car ahead has lit direction indicators. Then overtaking is prohibited for a car moving behind it. The penalty for ignoring this rule is 5 thousand rubles.
Consider several such situations.
Individual cases of overtaking and responsibility for them
- When the turn signals are turned on in the car behind, and it can overtake, you need to wait until the maneuver is over, and only then start your own.
- If there is no room for maneuver, or visibility on the road is too poor, or there are other obstacles, then overtaking is prohibited.
- To avoid trouble, in the evening or at night it is better not to make a maneuver.
- It is necessary to determine precisely that when permitted by the Rules, it is safe to drive into the oncoming lane.
- If there is any doubt about the maneuver, you need to wait and wait for such a case when the risk is excluded.
If an accident occurs when overtaking
You should be aware that even if the Rules allowed to overtake on a particular section of the road, but a collision occurred, the driver who drove into the oncoming lane will always be considered the culprit. Unfortunately, overtaking under the sign is often done by motorists. It is in such cases that the maximum number of the most terrible accidents occurs, which result in deaths. Well, if overtaking is prohibited, the penalty awaits the driver in any case. Its size reaches, as in other situations, five thousand rubles.
Other cases
In addition to the fact that the established sign and the solid line prohibit overtaking, there are other situations in which it is impossible to maneuver. This applies, for example, when the markings on the road are erased. It is necessary to understand the road situation and act in accordance with it. Of course, a good lawyer who will challenge the sanction will come in handy here. But otherwise the driver will be fined.
For the situation to be recognized in time, you need to know about it in advance. Additions to the rules for overtaking are as follows.
- Cars must not be overtaken at intersections. If there is an understanding that it will not be possible to finish the maneuver before the intersection, then it should be abandoned and completed at another appropriate time.
- Even if there is no marking prohibiting overtaking, this action cannot be carried out at pedestrian crossings, as this creates a danger to pedestrians.
- If there is a railway crossing ahead, then a hundred meters before it, and even more so, it is not allowed to perform a maneuver on it.
- The same goes for dangerous turns. Even if the marking allows, but there is a sign warning of the approach of a dangerous turn, it is impossible to overtake a vehicle in front.
- You should not even think about a maneuver when you are on an overpass, overpass, bridge or other structures artificially created and designed to move vehicles.
Remember responsibility
It is always worth remembering that a violation of “No overtaking is prohibited” may result not only in a fine. It may happen that the driver is guilty of the death of another person. And with this you have to live the rest of your life. And a considerable part of it to comprehend what happened behind bars.
You should not rely "at random" and believe in what will suddenly "carry". After all, there are a lot of such cases. Therefore, it is better to adhere to the rules of the road, thereby protecting yourself from unpleasant consequences. If traffic rules are strictly observed, then the driver will not have problems. It will not bring trouble to other people and will not become a source of danger.
How to challenge a fine?
Good lawyers are appreciated in any field of activity. The automotive theme is no exception. Often those facing imprisonment require the assistance of a lawyer. And they can cope with other less serious matters without difficulty. After all, the road surface in Russia is far from ideal. They are based on this, building evidence base.
Here are a few situations that can mitigate responsibility or even cancel it.
- The sign was placed in the wrong place for this either not cleared of trees, or it is impossible to make out.
- The markings on the road were either not visible, or for other reasons did not meet the standards.
- A passing vehicle was moving at a very low speed or even stood, so I had to make the intersection of the solid line markings, making sure that the road was safe.
- The driver knows that overtaking is prohibited in this place, the punishment for the offense is a fine of 5 thousand rubles. However, the maneuver was not made through his fault, but in order to avoid a collision.
- The violation was committed in the provision of medical care to a person injured in an accident, for his delivery to the hospital.
Evidence of what happened may include:
- photos where barely noticeable marks of marking are recorded;
- recording made from the DVR;
- others.
Of course, building a defense for a driver who does not understand legal issues can be difficult. Therefore, in such situations, you can not do without the support of a specialist. Then there is a real opportunity to prove their innocence, or at least reduce the size of sanctions.
Conclusion
Thus, if there are justifying reasons, you can go to court in order to seek justice and remove your punishment. But if the fault on the driver is complete, then you should not expect a lawyer to perform a “miracle”. It makes no sense to prove to the employees who arrived at the scene of the incident. However, it is also not necessary to sign a protocol where you agree with everything.
First, you should study all the subtleties of overtaking and changes adopted in 2016. Then it is worth analyzing the situation calmly. Then you can make a decision.
The driver knows that he / she relies on a fine when performing a maneuver on the sign “Overtaking prohibited.” But it is worth remembering that at the same time he endangers his life and health and other people. Even if the lawyer performs a “miracle”, this misconduct will not brighten the fate of the future.