Every person who owns a car must know traffic rules in order to drive a car without any violations. A violation is considered quite popular when citizens do not take into account the requirements of road signs. Therefore, a fine is imposed for travel under a brick. Its size is considered significant, but at the same time, car owners, through various actions, can mitigate or completely cancel the punishment.
Highlights
There is a road sign called “brick” by many citizens. In fact, this sign is called "No entry." He does not allow driving on a certain part of the road.
Many car owners simply ignore this sign without good reason, so they are forced to pay significant fines for traffic police under a brick. It is allowed to avoid the penalty if the sign is not visible, but in case of a serious violation not only a fine can be applied, but also the deprivation of a driver’s license, which is considered a more significant punishment for each driver.
A fine is set for a fine under a brick, and this is due to the fact that according to the SDA, such a violation is considered significant.
When is the sentence imposed?
Penalties are subject to certain conditions. Driving under the sign 3.1 is a violation under the conditions:
- in the city, the sign must be located at a distance of 25 m from the beginning of the road for which it is intended, and it must also be at an altitude of 2 to 4 meters, otherwise the driver may simply not notice it, so if you violate the rules for setting the sign prove the innocence of the car owner;
- outside the city there should be a sign no less than 50 m before the start of the road, and the height should vary from 1.5 to 3 meters;
- if it is on the side of the road, then there should be at least 50 cm from the edge of the road.
All of the above parameters are considered important, because if they are violated, the driver can avoid paying a fine for the passage under the brick sign.
When can one prove innocence?
Additionally, you can avoid punishment under the conditions:
- the sign cannot be seen, as it is blocked by tree branches;
- it is blocked by billboards, buildings or other elements;
- the structure is installed at such a distance when it is impossible to respond in a timely manner and change the direction of movement.
Often, the traffic police do not heed the explanations of citizens, so they still write out a protocol. Under such conditions, it is advisable to fix the design in a photograph or video, and then apply to the court with this evidence. If it is really proved that the driver simply could not physically respond to the restriction, then the court can cancel the fine for traveling under a brick.
Where is the sign installed?
This restriction is established on different sections of the road. Most often it occurs:
- on sections of the road where it is necessary to restrict the movement of cars for various reasons, for example, a courtyard with narrow roads or a passage where small children often cross the road;
- in parks or in parking lots, in parking lots or in the territory belonging to a gas station, to separate exits and entrances, which guarantees the optimal direction of the flow of cars;
- in large cities where roads are loaded with a large number of cars, so it is important to restrict travel so that public transport can move freely;
- in the territory belonging to different companies so that official transport can be easily transported;
- on roads where one-way traffic is established, therefore , it is not allowed that they drive onto such a carriageway in the oncoming lane or make U-turns.
Therefore, usually the installation of bricks is due to serious reasons. Even if the driver does not agree that this design is required in a particular place, he must not violate the requirements of the law. Therefore, under such conditions, a fine is required for a brick ride.
What legislation is regulated?
The rules for installing such signs are described in various regulations. These include:
- ch. 3 SDA indicates that the brick is a prohibition sign;
- GOST R 52289-2004 contains data on how the brick should be located in the city and beyond;
- Art. 12.16 Administrative Code includes the main penalties for drivers driving under the prohibition sign;
- Art. 30.3 of the Code of Administrative Offenses provides for the possibility of appealing against a decision issued by a traffic police officer within 10 days;
- Art. 28.6 of the Code of Administrative Offenses includes various situations in which a fine may be imposed for travel under a brick without forming a protocol;
- h. 2 tbsp. 4.1 The Code of Administrative Offenses regulates the rules for punishment, which takes into account the nature of the violation, the identity of the driver and his financial situation, and also studies all circumstances that may be mitigating or aggravating;
- Federal Law No. 437 indicates that each driver can pay a fine with a 50% discount if he does this within 20 days.
Thus, all drivers should be aware of different regulations, on the basis of which a penalty is imposed for a violation represented by passing under a brick.
Who can drive through?
The brick sign is installed exclusively in those places where all cars are forbidden to drive into a specific area. Therefore, a complete blockage of movement is guaranteed. For example, if there is a one-way road or repair roads are being carried out, therefore, the equipment occupies the entire carriageway, which prevents the possibility for vehicles to move.
But at the same time, there are still situations when, under traffic rules, passage under a brick is not punishable by a fine. These include:
- may go under the sign machines servicing the enterprise in front of which the structure is installed, but it is important to coordinate the installation of such a sign with the traffic police, and if there is no such permission, then under this sign all cars can pass;
- public transport can pass under a brick if it is installed specifically to provide a separate lane for buses or minibuses;
- in emergency situations, cars belonging to the ambulance or the Ministry of Emergency Situations can pass.
Previously, in the SDA there was information about the possibility of reversing, for example, if there is one-way traffic. But judicial practice shows that most often judges impose punishment for violators, so they pay a fine for travel under a brick.
What is the punishment?
For violation of traffic rules, various measures of responsibility are assigned. The size of the fine for passing under a brick depends on what kind of actions are committed by the violator. Therefore, there are several types of fines:
- for a single violation, the traffic police inspector can limit himself to just a warning, and often they are fined 500 rubles .;
- if a U-turn is made if there is a “No Entry Denied” sign, then a fine of 1 to 1.5 thousand rubles will be charged for the initial violation;
- if a car drives into a lane intended for buses, minibuses or other public transport, then this is also a significant violation for which 1.5 thousand rubles are paid, and in St. Petersburg the size of the fine increases to 3 thousand rubles .;
- for traffic on a road where you can only move in one direction, a fine of 5 thousand rubles is imposed for an initial violation, which can be replaced by deprivation of a driver’s license for up to 4 months.
Therefore, it is possible to say exactly what the fine for traveling under a brick is based on the actions committed by the driver.
When can a driver lose his rights?
There are certain situations in which deprivation of rights for a driver may be imposed if he is driving on a prohibition sign. What is the penalty for driving under the brick sign when driving in the oncoming lane? If there is a one-way road, then for such a violation a fine of 5 thousand rubles is initially assigned. Such a measure of punishment can be replaced by deprivation of rights. Therefore, a fine or deprivation of a license is assigned for travel under a brick.
If, again, the car owner leaves the road, where cars can only move in one direction, in violation of the requirements of the sign, then he loses his rights for a year.
Therefore, it is advisable for each driver to strictly comply with traffic regulations. This will not only save your money, but also prevent the possibility that a person will not be able to further drive the car, as he will be deprived of such a right for a long time.
How to prove innocence?
There are certain opportunities that lawyers tell you to help avoid punishment. It’s quite difficult to challenge the fine for passing under a brick under the camera, but if the inspector stops the car owner, you can prove your innocence. For this, various possibilities are used:
- in the presence of certain violations, it can be proved that a sign was illegally installed on a specific section of the road;
- you can take a photo with which you can see that for 100 m the driver is physically unable to see this structure, since it is closed by trees, a building or other elements;
- there are gross violations of the location and height of this product.
If the inspector does not want to listen to the driver’s arguments, a protocol is drawn up. This document can be appealed by any person, but it only takes 10 days. To do this, it is advisable to make videos and photographs that prove that there really is reason to argue that the sign was installed with violations, therefore the traffic police employee does not have the right to levy a fine from the driver.
Other features
If a violation is recorded with an exit to a one-way road, then you need to make sure that there is a sign indicating the one-way traffic before the start of such a road. If it is absent, then such a violation is qualified as simply passing under a brick, so only 500 rubles are paid, and the penalty of deprivation of rights cannot be applied.
If, for any reason, the driver is sure that different penalties have been applied to him illegally, he can appeal the decision within 10 days. The term is counted from the date of its adoption. You can file a complaint with the management of a specific traffic police unit or you can file a lawsuit with the court.
What actions are performed by the driver to appeal the protocol?
If the driver does not agree with the punishment, then he takes sequential actions:
- it is impossible to sign a resolution, since the presence of a signature on this document is proof that the citizen pleaded guilty;
- the record must be entered in the protocol that the person did not see the sign for certain reasons;
- within 10 days, it is necessary to file a lawsuit in court, to which photographs of the mark are attached, as well as a video recording that allows proving that it was really impossible to quickly respond to the mark;
- Optimize the use of witnesses if available.
In judicial practice, such cases often resulted in judges taking the side of the drivers.
In addition, it is necessary to check if there are any errors in the protocol, since if the document is filled in by an inspector with various violations, then it will not be difficult to recognize it as invalid.
Conclusion
Thus, all drivers should have a good knowledge of traffic rules. They must understand all the signs, and also take into account the existing restrictions. If a driver rides under a brick without good reason, then this becomes the basis for bringing him to administrative responsibility.
In certain situations, not only a fine may be imposed, but also a deprivation of a driver’s license. Moreover, there are opportunities to challenge such a punishment in significant circumstances.