What to do, if you отстановил the employee – traffic police, traffic police
What to do, if you stop, and you with it are not agree? Here all correct scenarios on which it is necessary to operate are described. According to «Manual on traffic police work» 13.7 basis for a stop of the hardware are:
а) violation of the rules of traffic by drivers or passengers;
б) existence of the data testifying to participation of the driver, passengers to commission of road accident, an administrative offence, crime;
в) finding of the hardware in search, also existence of data on hardware use in the illegal purposes;
г) need of poll of the driver or passengers about circumstances of commission of road accident, an administrative offence, the crime which witnesses they are;
д) implementation of decisions of representatives on that of municipal bodies or officials about restriction or a movement prohibition;
е) need of recruitment of the driver or the hardware for assistance to other participants of traffic or to police officers;
ж) verification of documents on the right of use and hardware management, also documents on the hardware and transported cargo – only on stationary posts of traffic police, control posts of militia and kontrolno – throughput пт.
In carrying out special actions the hardware stop out of stationary posts for the purpose of verification of driver’s and registration documents, also documents on transported cargo is allowed. It is forbidden to stop the hardware needlessly.» Still not to forbid. This administrative offence of Art. 12.35 of KOAP – from 10 to 20 МРОТов. In the same place:« A stationary post of traffic police – a place of service by squads of the traffic police, equipped with the special service premises, equipped with operating-technical and special means, the engineering and other constructions, zone of responsibility also assigned to it.» . A zone of responsibility of a post – the post territory with a site of the road (district) adjoining to it in which borders the squad of traffic police does the multipurpose duties. In attempt to check and punish you for something on bolshenny removal from a naiblezhayshy post of traffic police on the basis of the statement that this site of type comes into a zone of responsibility of such post, doubt and ask the scheme of this zone. If to you it suddenly will show, see above.
Boxes, a car, roadside vegetation do not belong to stationary posts. That there is special an action, it will be clear on a situation: GAI on each turn, are on duty in weight, all in bullet-proof vests or super full dress etc. If you тормознул lonely standing guard of the road, also reported that there is "Whirlwind anti-terror", take an interest, why it to be out of «a protecting post», and whether all records about this operation in the office book are truly made. In reply receive something such as «Not your business». And it is right. But in court you can submit the written petition (by all means written, oral petitions – simply words) about providing this document. In case of the complaint in prosecutor’s office on such action of IDPS, this document will request at first. You sit in the parked car and relax, and valorous attendants of a striped stick pull out you from a car, send on medical survey, and in a month the arbitrator deprives of you the rights. There are three moments:
1. The law «About safety of traffic», Art. 2:
– the participant of traffic – the person accepting concrete a role in the course of traffic as the driver of the hardware, the pedestrian, the passenger of the hardware;
– traffic – совокупа the public relations arising in the course of moving of people and cargoes by means of the hardware or without such roads in borders;
– the road – equipped or adapted and applied to hardware movement a strip of the earth or a surface of an artificial construction. The road comprises one or several carriageways, also tram ways, sidewalks, roadsides and dividing strips at their existence;
Conclusion: As moving is not present, the person at a wheel of the car standing out of the road, even with the got cursor, the driver is not.
2. Fixedly read the title of articles KOAP. For example, 12.8 «Management of a vehicle of the driver being in a state of intoxication». About what "management" there can be a speech if the car is parked? Just in case, if at the companion badly with municipal language of Russian Federation, I cite the dictionary: «To operate – to direct a course, movement somebody, something».
3. Carry with itself still any document proving the identity. If the car costs out of the road, you have full the right not to raise a claim.
What to do, if you did not see the inspector, or saw very late. Suddenly you hear a whistle, but do not see employees of GAI. Safely continue movement in coordination with Rules, since. «Manuals on traffic police» tells:
13.6. At control of movement on the patrol car (bike) for the hardware stop which driver broke traffic regulations, special light and sound signals, loud-speaking installation, gestures by a hand or a staff are used. Note. It is forbidden to stop the hardware on sites of a car of roads with limited visibility, before turn, it is concrete before or after lifting tops, before intersections, transitions, in a zone жд moving and in other unsafe places, except cases of need of their urgent stop in order to avoid coming of unnecessary consequences. 18.3. Acts of employees of traffic police should be clear to participants of traffic, and signals to drivers in order to avoid the forced creation of hindrances by them for movement of other hardware (need of introduction of critical braking, maneuvering, etc.) – to move in time.
So, if the GAI officer reflected and at the last minute waved a stick, you should not rush to it through all strips and a mouth on knees. Rasslablenno maneuver, stop, expect. Your car is much more expensive than penalties. If you do not stop specially, for example, a night on the road, anybody to you will not shoot at a trace. The traffic police in this case is offered to begin prosecution. Essentially to mean that to the staff of traffic police in compliance with Art. 12.25 of KOAP Russian Federation the right to entice to administrative responsibility for failure to meet requirement about a stop is granted. There is a choice. Or by a night to be taken up unclear from whom, or to play a roulette: Traffic police before you or someone disguised as a militia form. To be fair we will tell that a night of traffic police should be on duty where the light-. But on life it is necessary for them to earn after work. We assume that the requirement about a stop, shown to you, was legitimate. And here about a form it is possible to argue. Penetrate, what such «actions, clear to other participants of movement»? Whistle serves in traffic regulations only for attention recruitment, and here stop either a loudspeaker, or a hand. To prove documentary that acts of IDPS were clear to you – with presentation of audio-videos or the pictures made by means of air photography – is unreal.
According to Art. 19.3. there can be a punishment for disobedience to the legitimate order of the official. But how it is possible to involve for failure to meet requirement about a stop according to Art. 19.3 if for it there is certain article 12.25? Voobshchem makes you answerable according to Art. 19.3 «disobedience to the legitimate order» the tribunal can only, and is exclusive in the 1st put after commission of an offence by you. At all this you are no by the rights to detain (Resolution of the deputy the chairman of VS Russian Federation from April 11, 2005 of N 7-AD04-2) «Arguments of the operative District Department of Internal Affairs on duty in the course of court session that the detention is proved by need to provide presence of by an adjudication the world arbitrator, is impossible to recognise reasonable.» On another speaking, they should deliver you in tribunal and give the arbitrator on worry. There is no judge – go home. Police officers go on such function unwillingly for understand that you can fall ill, for example. And the sick-list will be the respectful precondition of absence in tribunal or in Department of Internal Affairs. And the next day already nobody will manage to involve you under article 19.3 KOAP Russian Federation for recruitment term already expired. But, failure to meet requirement about a stop does not belong to this case. After that court a beret the resolution and with it in prosecutor’s office with the complaint.
You suspended. Do not hurry up to leave salon for «the staff of traffic police at a stop of the hardware should approach to them …», also «The stop of the hardware should be carried out for a little small term». What is term – does not make a reservation, but, there is a decision of the Supreme court of Karelia in what it is designated that the protocol should be made immediately, and detain drivers for writing of 30 words for 20 minutes – illegally. According to traffic regulations «a stop – the intended termination of movement of the hardware for a while till 5 minutes, also on bigger if it is necessary for landing or landing of passengers or loading or hardware unloading.» Why, if the traffic police unfairly drags out process of drawing up of the protocol, it is possible is affable to ask it to make the detention protocol, let’s realise that for detention the inspector has no bases, and this protocol will be successfully appealed (is made with violation of legal procedure).
«At the appeal to participants of traffic police officers should be presented, having taken a hand in a headdress, to call the position, a special rank and a surname, to tell about the reason of a stop of a vehicle» – item 18.2 «Manual on traffic police», and item 18.9 «on request of participants of traffic it is farther number of a breastplate reports and shows, without letting go, the business card». Transfer documents in hands to the inspector of traffic police at eyewitnesses for the cunning staff of traffic police often hides one of documents in a pocket (more often — the power of attorney) and say that it was not.
For data: Manual item 18.7 on traffic police speaks: «With documents at check it is necessary to address аккуратненько, not to do in their any marks. If securities are invested in documents also, it is necessary to suggest for the owner most to take them». Having shown documents, do not run after the inspector: to leave the car is your right, but not a duty. In what cases it is necessary to leave the car if you were suspended by the employee of traffic police? item 18.4.
«Manuals on traffic police» tells: The staff of traffic police suggests drivers to leave a cabin (salon) of the hardware in the subsequent cases:
а) for elimination of technical malfunction of the hardware or violations of the rules of transportation of goods;
б) when there are sufficient bases to consider that the driver is in a state of intoxication;
в) for carrying out (in the presence of the driver) verifications of numbers of units and hardware knots with entries in registration documents;
г) for carrying out examination of the hardware and cargo;
д) when drivers or passengers are suspected of commission of crimes;
е) in other cases when the role of drivers in registration of the necessary documents or assistance to other participants of traffic is required.
If to you suggested to sit down in GAI car for design of the protocol, your right to sit down there or is not present. In already mentioned decision the Supreme tribunal of Karelia such requirement from the inspector is recognised as the illegal.
For not fastened belt. When to carp at all at what, the last reason can be started: «You are not fastened by a seat belt». On it there is a reasonable answer: «The seat belt needs to use at movement, and my car costs. I came unfastened only just while you went to me, and made it for this purpose to get documents. In the stopped car and the driver, and the passenger should not be fastened». On back seats of the car belts often hide under a seat. It is not necessary to do it for to challenge a pristegivaniye a belt hidden under sitting, it is unreal. As to children’s chairs and other means to fine for them will begin only since January 1, 2007." … to execute rules not by all means to take a children’s chair, it is enough to palm off on the child under buttocks a down pillow, and the belt will pass not on a neck and up to breasts of the kid" – that exit in interview to one of Russian editions was offered by the head of department of administrative practice and inquiry of traffic police of the Russian Federation Vladimir Kuzin.
For dirty registration plates. To punish for not readable numbers it is impossible, since in this case there is no fault, and without fault of punishment does not happen. But traffic regulations nevertheless prohibit to operate the hardware with not readable signs. After all there is «a prohibition of operation of the car with the registration signs which are not meeting the requirements of a standard». And GOST P 50577-93 asks, that in black time of day, the back symbol differed from 20 metres, when lighting by a regular lamp of the HARDWARE. Therefore to prove your violation the inspector should make the conditions equated to a night-time and to carry out respective research. But it from a formality. From the prosaic point of view, number it is possible and to wipe, than usually business and comes to the end.
For excess of speed. So, at first, not you should prove the innocence, and they – your fault! (See below «On you make the protocol») As the radar did not give out any documentary confirmations of that your speed was measured specifically, and is concrete during attributed time, to catch traffic police there is nothing.
Article 26.8. Koap. Indications of special means: 1. Special means are understood as the measuring devices approved in accordance with the established procedure as gauges, having appropriate certificates and passed metrological checking. Can ask for valorous employees of traffic police the act of checking of this measuring device. To you or it will be refused the requirement, or this document "will appear" only in a call centre. If business reaches court, it is also necessary to achieve from GAI documents that this device is the measuring device, thus to confirm it follows as the passport specifically on this device of manufacturer, and the suitable certificate on this type of products. The passport will allow, namely, to be convinced that this device in the beginning is not the manual or an exhibition prototype. When using by a radar it is necessary to follow the manufacturer summary truly. The radar is essentially fixed or is not present, distance to object, was removed-came nearer etc. As on each measurement there is an admission, it is not enough – 1 km/h. Therefore before dismantlings in GAI it is necessary to study fixedly the summary specifically on this type of a radar. Find in the Web.
For that blinked lamps, warning about GAI officers. In – 1-x, GAI about for itself reflect much. Blinking by lamps in language of drivers means «Attention, danger!» and though what driver will give an example, when blinking by lamps to GAI had no business. Drivers learnt to help the friend the friend with criteria of bad roads and bad to the movement organisation. In the second, in traffic regulations words it is not told that the driver is forbidden to submit signals external light devices to other participants of traffic. The main thing that these signals were truly understood – and here, apparently, different interpretations should not be. In the third, and in the Administrative code it is told nothing about any punishments for blinking by lamps. Usually drivers in such cases resignedly pay, feeling convicted on a crime place. Certain start to justify that touched with a case the lever, the cleverest invent something like that wished to warn the counter car about roughnesses of a paving. And in fact it is necessary to tell simply the truth:« Yes, I truly wished to warn counter cars that ahead of them expects electric control of speed». It is not forbidden, and, avtoindent.ru not including that, in it there is nothing disgusting. On roads after all there are signs «GAI post through so many kilometres», preventions «On the route hang the hidden control of speed» is carried out. Aim after all not in fining, and in preventing violation. And the driver signalling another about "ambush", exactly also does it. If the protocol started to make, remind them that according to Methodical councils of their minister, they should specify article KOAP which you broke. And in the fourth, try, that the GAI officer of charge of blinking by lamps put forward at eyewitnesses then take these eyewitnesses and with nezapyatanny conscience in prosecutor’s office with the application for illegal acts of GAI and the reference to Art. 12.35 – an illegal stop.
P.S. If on you are going to make the protocol for any violation, declare that in explanations write that blinked lamps but because punishments for this violation are not present, on you made the protocol under other article.
For that you did not pass pedestrians. Traffic regulations point 4.5:« … At noncontrollable crosswalks pedestrians can leave on the carriageway after will estimate distance to the coming nearer hardware, their speed and will make sure that transition for them will be harmless. At a carriageway skreshcheniye out of a crosswalk pedestrians, not including that, should not create hindrances for movement of the hardware and to leave because of the standing hardware or other obstacle limiting visibility, without having convinced of lack of the coming nearer hardware …». item 14.1 says about a duty of drivers «to make way for pedestrians». That means to "make way" item 1.2 traffic regulations says – «not to begin, renew or continue movement, to make any maneuver if it can compel to change pedestrians the direction of movement or speed». Therefore even if the pedestrian is on transition if you can pass so that will not create to it hindrances, can go. In other words, if the pedestrian only is going to steal a march, it is not necessary to concede to it. But as it began movement on a crosswalk, it needs to be passed. Ask the inspector to invite the pedestrian, and ask it, for it transition was harmless or is not present, having explained to him that if transition was dangerous, the inspector should write out a penalty and on it. Prevent the inspector to you cannot since, he should warn about everything the pedestrian according to Constitution Art. 51. Then the pedestrian becomes your eyewitness, and will knock a heel on a breast that you to it did not make any hindrances, or, on the last measure, will be silent.
For turn from the third row though on a sign 2 strips are designated. In the first, on what sign? The symbol «Number of strips» to be put in 50-100 metres from an intersection. Before an intersection evolution is forbidden. If there the symbol also costs, it already «The movement directions on strips», and it does not define number of strips. In the second, neither in traffic regulations, nor in state standard specifications of a strip are not numbered. There is a concept of quantity of strips, the last right and last left. And concepts the 1st strip, the 2nd – that are not present. From here and logic of the answer: stood in the last left and turned. Who and as stood to the right of me – me does not disturb. It is similarly necessary to answer, if for lack of a marking before turn to the left according to traffic police you left on an oncoming lane: approached on an intersection the first, rose in the last left row who and as rose to the right of me are your difficulties. To be fair we will note item 16.1 traffic regulations «Movement to trucks further the 2nd strip it is forbidden.» But, how to consider strips – the answer is not present anywhere. Therefore to answer a question, and that such «the second strip», cannot be.
For not passable technical inspection. Art. 12.1 of KOAP foresees punishment for it – the prevention or a penalty of 0,5 minimum wage rates, the truth registration plates are subject to removal, and for driving without them predvideno deprivation of the rights. Any a penalty parking and wreckers or the car direction on station of technical inspection. Such acts are not provided by KOAP.
From you withdraw the technical coupon. The basis for withdrawal of the coupon can be only one – fluctuation in its authenticity. Heavy charge as it is punished according to Art. 327 of the criminal code of Russian Federation, and you at least will become an eyewitness on this case. And therefore, in – 1-x, pass тех.осмотр (verification of numbers, insurance etc.) honest. The familiar GAI officer – not a guarantee from counterfeit documents. It has the life, the family. In – 2-x, make x-copies of all documents which you have on the car. If the inspector makes forgery, for example, will clean an edge the press, on a x-copy it will be visible. In – 3-x, keep any documents connected with car: the card тех.осмотра, the dress on installation of xenon headlights, checks for spare parts etc. If there will be claims from inquiry, you always under a hand will have confirmations. In – 4-x, ask drawing up of the Act of withdrawal in what the bases of similar actions should be specified. Remind that it is time there is a speech about the criminal code, it is better to involve eyewitnesses, on another you accuse him of forgery. Let will show to eyewitnesses that specifically causes fluctuation in authenticity. The act is obliged to have the signature and the press, also term on which the coupon is withdrawn. During the designated term the driver can show to the staff of traffic police this Act заместо the withdrawn coupon. Upon termination of verification of the coupon of technical inspection on authenticity in case suspicions did not prove to be true, the traffic police should return the coupon without additional check of a technical condition of the car. In this case the driver can appeal against acts of the inspector of traffic police, as groundless, and even вчинить the claim on indemnification if those were caused to it by actions of the inspector. Quite often the inspector стращают such act, even absolutely it write. It affects drivers very badly, and for the inspector here the main thing that the driver "began to flow". While the inspector writes, take an interest, where it will take the press. A process counter that that coupon truly leaves for examination, and there – the statistical account. Respectively, in the report in a month opposite to a surname of this inspector will stand, for example, it is sent coupons – 10, original – 10. And therefore to stand to it with reddish ears on "blamestorming session".
For not flaring headlight, unemployed yard keepers, an idle sound signal etc. You were suspended by the inspector, pointed to you to not flaring headlight, and tries to frighten you a movement prohibition, a wrecker call, a penalty parking … To references of the inspector to the List of defects and criterion at which hardware operation is forbidden, can safely turn a deaf ear, since on them there is a reference in item 2.3.1 rules «Before departure to check and in a way to provide a working technical order of the hardware in coordination with Basic provisions according to the hardware admission to operation and obligations of officials on traffic safety». But in the same place there is a continuation «Movement is forbidden at malfunction of working brake system, the managing director of management, the coupling device (as a part of a train), not flaring (absent) headlights and back marker lights in black time of day or in criteria of insufficient visibility, an invalid screen wiper from the driver during a rain or snowfall. At emergence in a way of other defects with which the annex to the Main provisions forbade hardware operation, the driver should clean them and if it is unreal, it can follow to a parking lot or repair with observance of the necessary precautionary measures». I.e. it is enough to tell that malfunctions appeared only just, and incident will be settled. If nevertheless the protocol is made, write down that to you it is refused drawing up of the act of technical inspection in a respective form (according to «Methodical recommendations» about the organisation of activity of law-enforcement bodies by production on cases of administrative offences in the field of item traffic, and write down that you did not break item 2.3.1 traffic regulations. Quite often, when to get to the bottom there is nothing, the inspector asks to press on a brake, whether to have a look stoplights work, to turn a wheel etc. In this case ask: «And how you caused this malfunction to my stop?» I.e. the reason of a stop was another, properly, confirmations of your fault are received about violation of the law and for the judge of value have no. If you decided to establish sirens and flashers (except the security alarm system) to paint the car in colours of field services, and to be played with colour of bulbs, to read this text to you it is not necessary any more.
For absence of numbers. Punishment terrible, and therefore casual – from the word "arbitrariness". Yes, to go without registration number it is forbidden, but if number fell off, suffered in failure etc., it – simply malfunction, and you have full authority to go to a parking lot or repair (see previous point). On words of the GAI officer that it was possible to fasten also a wire, answer that it not predvideno manufacturer. If number is lost absolutely before going, write in a casual form with instructions of eyewitnesses under a carbon paper the statement to GAI division where there is your car on the account, about an uter of number. If on you will make the protocol for driving without number, put to it a copy of own statement.
For absence of transit numbers can punish only if in the reference account, the purchase sale contract etc. there is a mark about its delivery (The letter from 3/19/2006 of No. 135-09). On the latest car can safely go for a drive 5 days. Though to go with PTS заместо Certificates on registration I did not risk. By the way, remove from PTS a x-copy. It is enough of it for guarantee workshops, and PTS hide far away.
For lack of an insurance, non-compliance with requirements for insurance. For absence of insurance of civilian responsibility (i.e., it seems, the contract of insurance did not consist you voobshchy) the penalty at a rate of 500-800 rubles is provided. In the presence of the insurance contract, but in the absence of the policy in a pocket (forgot houses, lost, etc.) it is provided a penalty parking and a penalty in 50 rubles. If you went to the day not put on an insurance, or car the driver who has not been brought in an insurance operates (even in the presence of the power of attorney), the penalty will make 300 rub.
At you wish to check existence of the first-aid kit, a sign and the fire extinguisher. Stock-taking of the fire extinguisher, a sign and completeness of the first-aid kit are a part of technical inspection (see. Ruled carrying out тех.осмотра). Requirements to show the first-aid kit, a symbol or the fire extinguisher are illegal and are directly forbidden by KOAP: Notes to Art. 12.1.« The order and terms of passing of municipal technical inspection are installed by the Government of Russian Federation. At all this it is forbidden to carry out tool check to the organisations irrespective of an accessory form, repeatedly to carry out technical inspection of the hardware which has passed it in accordance with the established procedure, also to achieve from the driver, the owner or other legitimate owner of the hardware of presentation or acquisition of ecological coupons, research cards, technical cards or other documents which have not been provided by the federal law». Besides, the first-aid kit can be разукомплектована as a result of its use on the road, the fire extinguisher as can be applied on the road on direct mission. Such makary, for punishment for lack of these subjects on the road (I specify: on the road!) the traffic police have no bases! Again it is possible to achieve drawing up of the act of technical inspection in a respective form. What inspector of traffic police knows how truly to make it? It is possible is weakened to argue that at departure from garage everything was on a place! The designated subjects of single introduction.
For intersection journey on a yellowish or reddish signal of a traffic light. In this case declare:« At the moment of intersection journey the resolving greenish signal of a traffic light was replaced with forbidding yellowish. I made the decision to pass an intersection on a yellowish signal of a traffic light, using the possibility provided to me in this case by item 6.14 traffic regulations («To drivers who at inclusion of a yellowish signal of a traffic light … cannot тормознуть, without resorting to critical braking, … the forthcoming movement» is authorised) … I consider the decision weighed and justified, and the acts – only admissible in this road situation for the subsequent reasons: 1) application of critical braking in a similar situation is unsafe and breaks item 10.4 traffic regulations requirements; 2) without applying critical braking, I would manage to suspend own car, only having left on an intersection that would break subitem 13.7 requirements, 12.4 traffic regulations …». If after all on you the protocol is made, write it literally in the protocol. Then to you will return the rights owing to absence of structure of an administrative offence as there was no impartial party of an offence – there were no your actions breaking traffic regulations. You acted truly according to item 6.14 traffic regulations!
For data Structure administrative the right of violation consists of 4 components:
– Object — appropriate public affairs on which usual functioning the offence (usually – safety of traffic) encroaches;
– The impartial party — the certain acts breaking established rules;
– The subject — the particular responsible individual who has reached 16 years;
– The personal party — the relation of the person to the act made by it, in other words fault existence in the form of intention or imprudence.
Here it is necessary to direct attention that the structure of an offence is not simply certain the theory or something formal. The knowledge of its structure very essentially for the correct definition finally, is act by an offence or is not present. From the point of view of protection it is possible to allocate that fact that by production on administrative affairs appropriate officials in vast own majority do not motivate properly, and even at all do not reflect the personal party of structure of an offence. And between other if the intention, for example, was focused not that is charged, speech should go or about release from responsibility or about retraining of actions.
For a skreshcheniye of a continuous strip and departure on a strip of oncoming traffic. KOAP 12.15.3. What GAI officer does not dream to take away the rights under this article? It use where only can be. Let’s begin with the primary source, deprive for «Departure on the party of a carriageway created for oncoming traffic, in cases if it is forbidden by Traffic regulations.» Prohibit rules in item 9.2, 9.3, 11.5, 15.3.
Let’s begin with item 9.6., which it is incorrect приплетают to this article: Tram ways – not the carriageway, i.e. 12.15.3 does not roll, though movement on ways of a counter tram is forbidden.
Into the account пт 9.2. «On roads with the bilateral movement, having four strips or more, it is forbidden to leave on the party of the road created for oncoming traffic» there are two points of view:
The 1st: item 9.2. establishes the general norm: to turn to the left, to be developed, overtake on the oncoming traffic lane etc. on that road it is forbidden. But, there are norms special (exceptions of the general) – signs, a marking, resolving turn turn; rules of journey of intersections etc. From here conclusion: On roads with the bilateral movement, having four strips or more to turn to the left and it is possible to be developed only where it is authorised. And even lack of a marking permission to a turn turn is not. This point of view GAI keeps. Ask to specify special norm for turn to the left at an intersection. The requirement of special norm for turn to the right plunges GAI into a stupor. It is possible to do it only if understand how it is possible to cause fast from your phone. If do not understand, try 030, or on 020 try to phone to the chief of division … the 2nd: Traffic regulations voobshchy and item 9.2 namely do not foresee broad interpretation. And therefore, in places of the resolved turn (for example, at an intersection) point 9.2 strictly strictly prohibits «departure on… oncoming traffic». But cars in this place somehow nevertheless turn and are developed.
Such makary, we have in the same place, in one and too time, for the same car:
1. The turn and turn to the left is resolved;
2. «Departure on the oncoming traffic lane» is forbidden.
After combination of these 2 facts it is necessary to recognise: at departure turn/turn on the party of oncoming traffic does not occur. Drivers adhere to this point of view. A point in this dispute will put either the Supreme tribunal, or the Government of the Russian Federation in which competence is traffic regulations. «11.5. Overtaking is forbidden: … at the end of lifting and on other sites of roads with limited visibility with departure on a strip of oncoming traffic.» Here it «visibility restriction» also confuses drivers. GAI officers say that «visibility restriction» is «insufficient visibility» from item 1.2. Accurate definition of «visibility restriction» is given in GOST P 52289-2004 year.
Means of the organisation of traffic.
The table – the Small distance of visibility providing traffic safety at this speed. Speed of movement, km/h.
Small distance of visibility, m:
– counter car;
– for a stop before an obstacle;
1. For roads under construction accept the speed appropriate of 70 % for settlement speed, and for maintained roads – speed which on this site do not surpass 85 % of the hardware. 2. It is necessary to consider as distance of visibility of the counter car distance on which from height of 1,2 m (level of eyes of the driver of the car) it is possible to behold a subject being at height of 1,2 m over level of the carriageway.
3. For a stop it is necessary to consider as visibility distance distance which from height of 1,2 m (level of eyes of the driver of the car) provides visibility of all subjects in height more than 0,2 m being on the middle of a lane.
In such places signs «Dangerous turn» should be established, «Overtaking is forbidden», or the continuous marking is put. If it is not present anything, the division of GAI which is responsible for harmless operation of roads, do not consider that on this site «visibility restriction» takes place. It is necessary to hold always in the head that traffic regulations are выжимка from state standard specifications. Strikes nobody references to state standard specifications in books of traffic regulations where the description of symbols or a marking begins. Therefore the definitions which have not been deciphered in Rules, it is necessary to find in state standard specifications. If, without looking at it, the inspector says that there are Rules, and its state standard specifications not тревожут, directly and write down his words in the protocol. What to do, if overtaking was, and to get out does not leave? In the protocol on an offence the column «Explanation of the violator» is provided. It is necessary to fill this column by all means with the hands and very fixedly. It is necessary to lay out carefully motives by which you were guided in own actions. By all means to specify that you are not agree with actions of the employee of traffic police and operated in a condition of the last need. All this will help to challenge traffic police acts in court if earlier will reach.