Theory of everything. How to avoid punishment for driving in the opposite direction on a one-way road? Administrative offense part 4 article 12.16
ST 12.16 Code of Administrative Offenses of the Russian Federation
1. Failure to comply with the requirements prescribed by road signs or markings of the roadway, except for the cases provided for in parts 2-7 of this article and, -
entails a warning or imposition administrative fine in the amount of five hundred rubles.
2. Turning left or making a U-turn in violation of the requirements prescribed by road signs or markings of the roadway, -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Driving in the opposite direction on the road with one way traffic -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.
3.1. Recommitment administrative offense provided for in part 3 of this article -
entails deprivation of the right to drive vehicles for a period of one year, and in the case of recording an administrative offense using special technical means operating in automatic mode, having the functions of photography, filming, video recording, or means of photography, filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles
4. Failure to comply with the requirements prescribed by road signs or road markings prohibiting stopping or parking vehicles, with the exception of the case provided for in paragraph 5 of this article, -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred rubles.
5. The violation provided for in paragraph 4 of this article, committed in the city federal significance Moscow or St. Petersburg, -
shall entail the imposition of an administrative fine in the amount of three thousand rubles.
6. Failure to comply with the requirements prescribed by road signs prohibiting the movement of freight vehicles, except for the case provided for in part 7 of this article, -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.
7. The violation provided for in part 6 of this article and committed in the federal city of Moscow or St. Petersburg -
shall entail the imposition of an administrative fine in the amount of five thousand rubles.
Commentary to Art. 12.16 of the Code of Administrative Offenses of the Russian Federation
1. The objective side of the administrative offense provided for in Part 1 of the commented article is the driver’s failure to comply with the requirements prescribed by road signs or markings of the roadway, except for the cases provided for in Parts 2 - 7 of Art. 12.16 Code of Administrative Offenses of the Russian Federation and other articles of Ch. 12 Code of Administrative Offenses of the Russian Federation. In particular, part 1 of the commented article qualifies the actions of a driver who made a right turn in violation of the requirements of road signs 3.18.1 “Turn right is prohibited” and road markings 1.11 when entering a parking lot, gas station or other territory adjacent to the road, or if the driver violates sign 3.1 “Entry prohibited” and marking 1.11 when leaving such territory.
2. The actions of the driver associated with turning left or making a U-turn in violation of the requirements of road signs or markings form the objective side of the administrative offense provided for in Part 2 of Art. 12.16 Code of Administrative Offenses of the Russian Federation (for example, violation by the driver when carrying out the specified maneuvers of the requirements prescribed by: markings 1.1, 1.3, 1.11, 1.18; road signs 4.1.1 “Move straight”, 4.1.2 “Move right”, 4.1.4 “Move straight or to the right", 3.18.2 "Left turn prohibited", 3.19 "Turn prohibited", 5.15.1 "Traffic directions along the lanes", 5.15.2 "Traffic directions along the lane", 6.3.1 "Room for a U-turn", 6.3.2 "Turning area").
3. Violation by the driver of the requirements of any road sign, resulting in the movement of the vehicle he is driving in the opposite direction on a one-way road, forms the objective side of the administrative offense provided for in Part 3 of Art. 12.16 Code of Administrative Offenses of the Russian Federation (for example, violation of the requirements of road signs 3.1 “Entry prohibited”, 5.5 “One-way road”, 5.7.1 and 5.7.2 “Exit onto a one-way road”).
When applying this rule, it should be borne in mind that, based on the content of clause 8.12 of the Traffic Rules, reversing on a one-way road is not prohibited, provided that this maneuver is safe for participants traffic and, taking into account the current traffic situation, is caused by an objective need (for example, avoiding an obstacle, parking). Violation by the driver of the above conditions forms the objective side of the administrative offense provided for in Part 3 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation. According to the same norm, the actions of a driver who reversed onto a one-way road in violation of the requirements of road sign 3.1 “No Entry” should be qualified, and in the case where such a maneuver was performed at an intersection, also under Part 2 of Art. 12.14 Code of Administrative Offenses of the Russian Federation (see clause 8.1 of the Resolution of the Plenum Supreme Court RF No. 18).
4. Part 3.1 of the commented article provides for liability for repeated commission of an administrative offense provided for in Part 3 of this article (driving in the opposite direction on a one-way road).
5. The objective side of the administrative offense provided for in Part 4 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation constitutes the driver’s failure to comply with the requirements prescribed by road signs or road markings prohibiting stopping or parking of vehicles, except for the case provided for in Part 5 of the commented article. We are talking about the driver's violation of the requirements of road signs 3.27 "Stopping is prohibited" (stopping and parking of vehicles is prohibited), 3.28 "Parking is prohibited" (parking of vehicles is prohibited), 3.29 "Parking is prohibited on odd days of the month", 3.30 "Parking is prohibited on even days dates of the month" and the requirements of road markings 1.4, indicating places where stopping is prohibited, or markings 1.10, which indicate places where parking is prohibited.
6. The objective side of the administrative offense provided for in Part 5 of the commented article is the commission of an offense provided for in Part 4 of this article in the federal city of Moscow or St. Petersburg.
7. Part 6 of the analyzed article provides for the liability of drivers for failure to comply with the requirements prescribed by road signs prohibiting the movement of freight vehicles. vehicles, except for the case provided for in Part 7 of the commented article. These signs include sign 3.4 “Truck traffic is prohibited.” The sign prohibits the movement of trucks and vehicle combinations with a permissible maximum weight of more than 3.5 tons (if the weight is not indicated on the sign) or with a permissible maximum weight more than indicated on the sign, as well as tractors and self-propelled vehicles. However, this sign does not prohibit the movement of trucks intended for transporting people.
8. The commission of an offense under Part 6 of the commented article in the federal city of Moscow or St. Petersburg forms the objective side of the administrative offense established in Part 7 of this article.
9. The subjects of the offenses provided for in the commented article are drivers of vehicles, their actions are characterized by an intentional form of guilt.
10. When committing violations provided for in Parts 4 and 5 of Art. 12.16 Code of Administrative Offenses of the Russian Federation, .
11. Cases of administrative offenses provided for in the commented article are considered by the head of the State Traffic Inspectorate, his deputy, the head of the center for automated recording of administrative offenses in the field of traffic of the State Traffic Inspectorate, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy (). Cases under Part 3 of the commented article are considered by judges in the case when an official of the State Traffic Inspectorate, to whom the relevant case was received, transfers it to a judge for consideration (). Cases of violations classified under Parts 1 and 2, as well as Parts 4 - 7 of the commented article, are authorized to be considered by State Traffic Inspectorate employees with a special rank (Article 23.3 of the Code of Administrative Offenses of the Russian Federation).
To check fines from cameras photographing and video recording violations.
To check fines issued by the traffic police inspector.
For free notifications about new fines.
Check fines
We check information about fines,
please wait a few seconds
If the driver decides to stop or park his car where this is prohibited (except for the cases described in part five of the analyzed article), then he will have to payfine of 1500 rubles
.
Areas of the roadway where you can stop or park a car for a long time (this is considered a stop lasting more than 15 minutes) are marked with special signs and/or markings.
Also, appropriate prohibition signs are installed on certain sections of streets and roads. Their coverage area is considered to be the space up to the nearest intersection with another road or to another sign that cancels the effect of the one that was installed earlier.
Drivers also do not have the right to stop on the following sections of the roadway:
- Tram tracks - if a motor vehicle becomes an obstacle to a rail vehicle.
- Tunnels, overpasses, railway crossings, bridges, as well as the space under these structures - this prohibition ceases to apply if the roadway contains three or more lanes in one direction: in this case, you can use the far right lane (if there are no prohibitory signs or other conditions that make parking and/or stopping impossible).
- Near the marking lines - if there is less than 3 meters of distance from the solid (except for the lines marking the edge of the roadway) or dividing strip to the opposite edge of the road, taking into account the parked car. This is the minimum safe distance to allow other drivers to avoid the obstacle without risk of collision with oncoming traffic.
- On pedestrian crossings and at a distance closer than 5 meters to them - this rule implies that the driver can stop on the right half of the road as soon as he passes the pedestrian zebra crossing.
- In conditions of insufficient visibility - most often these are areas before turns and areas with sharp relief changes (ascent or descent), in which the visibility in at least one direction is less than one hundred meters. Typically, such sections of the road are marked with special warning signs. The driver does not have the right to stop or park here, but can use the side of the road - this way he will not become an unexpected obstacle for other road users.
- At intersections and within five meters of them in both directions (except for three-way intersections, intersections with continuous markings or a strip separating opposite traffic flows).
- On transport stops in cities and in places where cars providing taxi services are parked, you can stop 15 meters before these objects. The distance is measured in both directions from the markings that mark the stopping zones public transport or taxi, or from the corresponding road signs. However, the driver may stop in violation of this clause if he needs to quickly disembark passengers. At the same time, he must make sure that he will not become an obstacle for pedestrians and other vehicles.
- If, by stopping, your vehicle blocks the view of traffic lights and/or road signs for drivers, becomes an obstacle to the movement of pedestrians, or blocks the entry/exit of other vehicles. This condition is especially relevant for trucks and other large vehicles.
- On the lanes along which cyclists move, such areas are indicated by the corresponding symbol of wheeled transport and an arrow indicating in which direction the movement is taking place.
- On the main road beyond the borders settlement(this can be a crossed out sign (graphic designation of the city) or a name plate) - in such a situation, the driver must use the side of the road to stop and/or park.
then helpDecision on an administrative case
DEFINITION
On the return of materials about an administrative offense
June 24, 2014 words. Rodionovo-Nesvetaiskaya
The magistrate of judicial district No. 7 of the Novoshakhtinsky judicial district of the Rostov region, Ermakov S.N., having examined, in preparation for consideration, the materials of the case on an administrative offense under Art. 12.15 part 4 of the Code of Administrative Offenses in relation to Fedotenko Sergei Vasilievich,<ДАТА2>birth, native<АДРЕС>region, living at the address:<АДРЕС>region,<АДРЕС>district, city<АДРЕС>, pr.<АДРЕС>, 52 sq. 2,U S T A N O V I L:
The magistrate of judicial district No. 7 of the Novoshakhtinsky judicial district of the Rostov region from the Traffic Police Regiment of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the Rostov Region received a protocol on an administrative offense from<ДАТА3>in relation to Fedotenko S.V. about the commission of an administrative offense under Art. 12.15 h. 4 KRFoAP. Having studied this protocol and the materials attached to it, the magistrate considers that they are subject to return the following reasons: Protocols on administrative offenses under Art. 12.15 p.m. 4 Code of Administrative Offenses are drawn up officials internal affairs bodies (police) included in the List of officials authorized to draw up protocols on administrative offenses provided for by the Code of Administrative Offenses. According to Part 2 of Art. 23.3 of the Code of Administrative Offenses, the police have the right to consider such cases of administrative offenses on behalf of internal affairs bodies: heads of territorial departments (departments) of internal affairs and equivalent internal affairs bodies, their deputies, chiefs territorial departments(departments) of police, their deputies; heads of line departments (directorates) of the transport police, their deputies; heads of duty shifts of duty units of linear transport police departments (directorates), heads of linear police departments (points); senior district police commissioners, district police commissioners. At the same time, part 2 of article 23.1 of the Code of Administrative Offenses establishes alternative jurisdiction of cases for judges - the said norm lists the categories of cases of administrative offenses that, according to general rule subordinate to other bodies, officials, but which can be transferred by bodies authorized to consider them on the merits, officials for consideration by a judge, in the event that the authorized body, official recognizes it necessary to apply to the person brought to administrative responsibility, types of administrative punishment, the appointment of which is within the exclusive competence of judges. Thus, the sanction of Art. 12.15 Part 4 of the Code of Administrative Offenses, along with the application of an administrative fine, provides administrative punishment in the form of deprivation of the right to drive vehicles, which, by virtue of Art. 3.8 KRFoAP is appointed only by a judge. Thus, the consideration of these cases becomes subordinate to the judge only if there is a ruling from an authorized official to transfer the case to a judge authorized to impose an administrative penalty of a different type or amount in accordance with clause 1, part 2 of Art. 29.9 KRFoAP. Since these cases become under the jurisdiction of the judge on the initiative of the body or official who examined the case and came to the conclusion that it was necessary to apply a penalty in the form administrative arrest, judges cannot accept such cases for proceedings according to own initiative. Based on the meaning of clause 1, part 2, art. 29.9, art. 29.12 of the Code of Administrative Offenses of the Russian Federation, the body or official authorized by the person, based on the results of consideration of the case, must issue a reasoned determination, the presence of which is a necessary condition for acceptance by the judge of the case on the merits. In the received material about an administrative offense against Fedotenko S.V. about the commission of an administrative offense under Art. 12.15 Part 4 of the Code of Administrative Offenses there is a determination on the transfer of case materials to jurisdiction, the content of which boils down to the fact that the consideration of this case does not fall within the competence of the traffic police inspector of the State Traffic Safety Inspectorate of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation for the Republic of Kazakhstan. However, the reasons that served as the basis for transferring the case to a judge are not motivated, and there is no official opinion about the reasons for the need to impose a more severe punishment on the person brought to justice than an administrative fine, which an official of an administrative body has the right to impose independently. The mere inclusion in the definition of a reference to the fact that the consideration of this case does not fall within the competence of the official is not a sufficient basis for sending the case to a magistrate for consideration. The magistrate cannot agree with the position of deputy commander V.A. Vetlitsyn, set out in cover letter <НОМЕР>from<ДАТА4>that in accordance with clause 5, part 2, art. 23.3 of the Code of Administrative Offenses in cases of administrative offenses provided for in Part. 1-3, part 5 art. 12.15 of this Code has the right to review the head of the state road safety inspection, his deputy, the head of the center for automated recording of administrative offenses in the field of traffic of the state road safety inspection, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy, in in the case of recording an administrative offense using automatic special technical means that have the functions of photography, filming, and video recording, since it is based on an incorrect interpretation of the law. This clarification applies only to Part 5 of Art. 12.15 KRFoAP. Violations of procedural requirements committed are significant and cannot be corrected during the consideration of the case. Within the meaning of Articles 28.2, 29.4 of the Code of Administrative Offenses, in the event of an incorrect preparation of the protocol and other materials of the case, or incompleteness of the presented materials, which cannot be filled in during the consideration of the case, the protocol on the administrative offense must be returned to the person who compiled it. Based on the above and guided by Art. 29.4 part 1 of the Code of Administrative Offenses Magistrate Judge O P R E D E L I L: Materials of the case on an administrative offense against Sergei Vasilievich Fedotenko under Art. 12.15 Part 4 of the Code of Administrative Offenses to return to the Traffic Police Regiment of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the Rostov Region to eliminate deficiencies. Magistrate Ermakov S.N.
Article 12.16 of the Code of Administrative Offenses of the Russian Federation with comments and amendments for 2019-2020
1. Failure to comply with the requirements prescribed by road signs or road markings, with the exception of cases provided for in parts 2 - 7 of this article and other articles of this chapter, -
entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.
2. Turning left or making a U-turn in violation of the requirements prescribed by road signs or markings of the roadway, -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Driving in the opposite direction on a one-way road -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.
3.1. Repeated commission of an administrative offense provided for in Part 3 of this article -
entails deprivation of the right to drive vehicles for a period of one year, and in the case of recording an administrative offense using special technical means operating in automatic mode, having the functions of photography, filming, video recording, or means of photography, filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles
4. Failure to comply with the requirements prescribed by road signs or road markings prohibiting stopping or parking of vehicles, except for the case provided for in Part 5 of this article, -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred rubles.
5. The violation provided for in Part 4 of this article, committed in the federal city of Moscow or St. Petersburg, -
shall entail the imposition of an administrative fine in the amount of three thousand rubles.
6. Failure to comply with the requirements prescribed by road signs prohibiting the movement of freight vehicles, except for the case provided for in part 7 of this article, -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.
7. The violation provided for in part 6 of this article and committed in the federal city of Moscow or St. Petersburg -
shall entail the imposition of an administrative fine in the amount of five thousand rubles.
Commentary on Article 12.16. Code of Administrative Offenses of the Russian Federation:
1. The objects of this administrative offense are public relations in the field of road safety.
2. Failure to comply with the requirements prescribed by road signs or road markings is covered by Part 1 of this article, with the exception of cases provided for in other articles of Chapter 12 of the Code (Article 12.9, Part 2, Article 12.13, Part 2 and 3 Article 12.14, Part 2 Article 12.15, Part 1 and 2 Article 12.19, Part 1 Article 12.21), as well as Parts 2 and 3 of the commented article.
3. Part 2 of this article provides for increased liability for maneuvering in the form of a left turn or a U-turn in violation of the requirements prescribed by road signs or road markings.
4. A road or carriageway along which the movement of vehicles across its entire width is carried out in one direction is a one-way road. Violation by the driver of the requirements of road signs 5.7.1 and 5.7.2 “Exit onto a one-way road” or road sign 3.1 “Entry prohibited”, resulting in driving in the opposite direction on a road intended for one-way traffic, is qualified under Part 3 of the commented article.
5. The subjects of the offense are vehicle drivers.
6. The subjective side is characterized by intentional guilt.
7. Cases of administrative offenses provided for in the commented article are considered by the head of the State Road Safety Inspectorate, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy (Article 23.3). Cases under Part 3 of this article are considered by judges in cases where the specified official, to whom the case of such an administrative offense was received, transfers it to the judge for consideration (Part 2 of Article 23.1). Cases of violations classified under Parts 1 and 2 of this article are also authorized to be considered by employees of the State Road Safety Inspectorate with a special rank (Article 23.3).
To check fines from cameras photographing and video recording violations.
To check fines issued by the traffic police inspector.
For free notifications about new fines.
Check fines
We check information about fines,
please wait a few seconds
The first part of the article under consideration includes all facts of failure by drivers to comply with the requirements of road markings and/signs, excluding circumstances that are the subject of violations described in other chapters and parts of the Code of Administrative Offences.
This is a whole range of situations in which drivers violate certain signs or do not follow the markings on the roadway:
- speeding,
- failure to comply with the rules of priority at intersections,
- using reverse gear or turning around in places not intended for this purpose,
- incorrect position of the vehicle on the roadway when driving or driving on pedestrian sidewalks,
- temporary stop or parking in unauthorized places,
- non-compliance with the rules for the passage and operation of trucks, as well as the transportation of goods in cities of federal significance (Moscow, St. Petersburg).
Even excluding all of the above situations, there remains a fairly wide range of violations that may form the subject of this part of the commented article. The objective side of the offense in this case lies in the action or, conversely, the absence required action, as a result of which the requirements of road signs or marking regulations are violated.
This, in turn, leads to frequent manifestations by transport police officers and other officials of excessive subjectivity when determining the subject of the violation and sometimes reaching the point of arbitrariness, because they are the ones who must record the violation.
Therefore, such a broad formulation is not always justified and in practice leads to infringement of the driver’s rights (especially if the moment the alleged offense was committed was not recorded by a video recorder or other technical means).
Thus, if you have not complied with the requirements of the signs and/or markings, but this does not fall under the cases that constitute the subject of violation of other articles and chapters, you will have to pay a fine of 500 rubles.
The subject of the offense is the driver who is driving the vehicle at the time of the violation, and the subjective side of the act is characterized by an intentional form of guilt.