Started overtaking on intermittent, finished on solid. Controversial situation on the road

2024 Author: Erin Ralphs | [email protected]. Last modified: 2024-02-19 11:42

Car traffic in large cities is becoming more intense every year, and traffic police officers are getting smarter, coming up with new ways to take money from the population. Very often, as a rule, in a problematic place, the driver is faced with a situation where he started overtaking on an intermittent line, ended up on a solid marking line, and did not notice it himself. Or noticed, but it's too late. At that moment, a striped wand flies up, and a man in uniform orders you to urgently stop at the curb. Well, then it's a matter of technology.

Require video recording

But don't rush to part with your banknotes. First of all, ask the inspector to show you a video of your violation. Remember that only solid and clear evidence is accepted in court.your guilt. Phrases such as "I fixed your violation visually", "I saw everything with my own eyes" and the like should be cut off immediately in the bud. No video footage, no evidence. Which means you are innocent.

Any disputable situation, according to the presumption of innocence described in the Constitution of the Russian Federation, is always interpreted in favor of the accused. And any judge in any court will not even consider your case if there is no video evidence confirming your guilt.

Disagree

It happens that the inspector comes across too stubborn, or sees a weakness in you and wants to push harder (they are all psychologists, they perfectly see by the behavior of a person what he is guilty of, and whether he is guilty at all). There is no video recording, or they don’t show it to you, but they insistently offer to sign the protocol. At the same time, the employee does not lose eye-to-eye contact with you, waiting for suggestions from you to "resolve the situation on the spot."

In no case do not go on about. Take a pen, but before signing, write in the notes or in the margins: “I disagree with the protocol. I didn’t overtake. present evidence of the violation imputed to me. I ask you to postpone the process of the trial at the place of my residence (registration, stay). After such a turn of events, in most cases, you will simply be released.

Your signature

Completing overtaking through a solid marking line is, of course, a violation of traffic rules, but you should also be more persistent in defending your rights. Why can't you sign before annotating? They can simply snatch the protocol from your hands before you fix your explanations, and blackmail will go on a completely different level. And you have already signed the protocol.

Secondly, after you have been released, you can be sure that this protocol will be torn up and thrown away. With your comments, but without a signature, it is not valid. Now, if you hadn't just signed it, then yes. The court will consider this as your failure to comply with the procedure for fixing an administrative offense (although you have the constitutional right not to sign anything). After all, according to the law, the policeman is obliged to explain the contents of the protocol to you, to acquaint you with your rights, and you, with your signature, certify that you understood the meaning of what was said, or you must demand an explanation again until you clarify all the points for yourself.

But it's better to sign the protocol. Otherwise, in court it will be a minus in your direction.

Managed to shoot

But what if the traffic police car was walking towards you, or was standing on the side of the road, and the police managed to record your offense on a video camera (or DVR). Ask them to show you the footage.

The modern video recording system installed in the vehicles of operational services makes it possible to clearly record violations even at night or within poor visibility from distances of more than five hundred meters. Moreover, such systems are inextricably linked with the GLONASS satellite system, which makes it possible to determine the location of the camera and the intruder with an accuracy of several centimeters.

Therefore, if the driver started overtaking on intermittent, finished on solid and at the same time turned out to be in direct line of sight of the lens, then even from a long distance this offense will be recorded with accuracy sufficient for the court to recognize his guilt.

Don't panic

But here's a video for you. As a rule, this happens already in the traffic police car. There you clearly saw how your car crosses a solid marking line. If this is not a double solid (which is almost equal to deprivation), then you can fight for your rights, and, even if you are found guilty, get off with only a fine.

Not waiting for your sensible suggestions, the employee, as a rule, begins to draw up a protocol where he will enter the number of the video recorder, the certificate of its last verification, the type and number of the digital storage medium with your offense, etc. In practice, it takes twenty to thirty minutes, and all this time you do not have to be in the traffic police car, and you don’t need to. Uncover your smartphone or camera and go take pictures.

We take pictures of everything

You need to take pictures of everything: markings, the condition of the roadway, the place where the traffic police stop (we'll talk about this later). If an emergency braking was made, take a picture of the tire tracks. Take a panoramic photo from multiple vantage points. If your smartphone does not allowpanoramic shots, take pictures of road sections, road conditions from several angles. The more photos, the better. Look for sign 3.20 "No overtaking". Take a photo of him against the background of the markup. Does the continuous marking start from the place of installation of this sign? If not, fix this moment.

Markup according to GOST

What is it for? Completion of overtaking through a solid marking line 1.1 is, as the doctors say, not yet a diagnosis. How accurate is the markup? Do the parameters for applying road markings coincide with the existing national standard of the Russian Federation GOST R 52289-2004? According to this document, dashed markings 1.5, before turning into solid 1.1 or 1.11, must be replaced by markings 1.6, a broken line, with strokes 3 times longer than the gap between them (according to the traffic rules of the Russian Federation, Road markings and its characteristics, p. 1 Horizontal marking). And GOST also indicates the minimum distance for applying this marking before it changes to a solid one (100 meters outside the city and 50 meters in the village).

If the driver started overtaking on a broken line, finished on a solid line 1.1, but there is no marking 1.6, or the length of its strokes does not correspond to those established in the traffic rules, or the distance of its drawing is less than the minimum value according to GOST - the court will take the side of the motorist. However, these violations must be correctly recorded and confirmed with as many photographs as possible.

Measuring strokes

Measure the length of the strokes on the markup 1.6. Measuredistances between them. You can ask for a roulette wheel from traffic police officers. Fix the result with a photo (take a picture with a tape measure). Measure the distance at which the markings are applied 1.6.

To do this, it is not necessary to measure it along its entire length. You already have a stroke length and a gap length. Count the number of those and others and multiply by the value of their length. Record all measurements in the protocol, in the driver's comment section or in the notes. As a last resort, reflect them in the margins of the document.

In the protocol, also add that "due to the fact that the markings were not made in accordance with GOST R 52289-2004, I did not have the opportunity to safely complete the maneuver." At the same time, remember that marking 1.6 cannot turn into 1.3 (double solid), and it itself cannot be applied on roads that have three lanes or less for traffic (that is, on roads with one lane for traffic in each direction).

Did the inspector violate?

Now you need to link the location of the traffic violation to the existing area. Find the nearest kilometer post and measure the distance from it to the traffic police car, to the place where you started overtaking the car, and to the place where your car was stopped. Record all calculation results in the protocol.

Now about the traffic police car. If you were stopped outside the settlement, then he has the right to stand only in the direction of movement. If it is on your side and its windshield is turned towards you, take confirming photographs from different angles, and display in the protocol that "a traffic police car parked inviolation of the traffic rules of paragraph 12.1, misled me, as a result of which I was not able to safely complete the maneuver."

Your comments

In the protocol itself, do not write "I violated" or "I did not comply with traffic rules", as well as similar phrases. You should also not indicate whether you agree with the violation or not. The decision in any case will be made by the judge, not you.

If there are signs of skidding, do not forget to mention that you made an emergency braking (interference, did not let you back into the lane, avoided a collision with a car leaving the yard or left the windshield), as a result of which you did not have the opportunity complete your maneuver safely.

If the traffic police inspector does not give you the opportunity to enter any of your comments into the protocol - call the traffic police trust service. In the Moscow region, her phone number is 8 (495) 694-9229. Regional numbers must be indicated on the doors of the traffic police car.

Could not return

What should the driver do if he started overtaking on intermittent, finished on solid, but all the markings were applied without violations? In this case, you will have to prove in court that you did not have the opportunity to return to your lane on time without causing an emergency on the road.

According to the Code of Administrative Offenses, any person can be found guilty of an administrative offense if the court finds that he had the opportunity to comply with all the norms and rules established by the Code, but he did not take all measures to comply with them. In other words, you needwill prove that you used all the attempts and opportunities to return to your row, but you would not have been able to do it safely.

You can rest on the fact that someone did not let you back into your lane, and this already falls under "dangerous driving" for the one who did not let you in. It is better to add that in order to safely complete the maneuver, you would have to significantly increase the speed of overtaking or apply emergency braking, which is much more dangerous than the situation in which you completed the overtake, forcibly, crossing the solid marking line.

Signs

As you know, signs, especially those installed on a temporary bar, have priority over road markings. And many unscrupulous cops take advantage of this, putting it in an inconspicuous place, and collecting tribute from those who were forced to "break" the rules.

The law is also on your side in this case. You may simply not see this sign if, for example, it was covered by foliage or a truck being overtaken by you. Moreover, sign 3.20 "No overtaking" implies a prohibition on starting an overtaking maneuver, and not its process or completion. Therefore, if you are already in the oncoming lane, the markings are intermittent, and then you pass the 3.20 sign, you are legally allowed to continue overtaking, and, having made sure that the maneuver is safe, calmly return to your lane.

It should also be remembered that no one has the right to take away your rights on the spot. The inspectors are obliged to write out a protocol for you, send evidence to the court, and let you go. And don't forget that overtaking on the road and getting ahead of the car in front are completely different maneuvers.