In Moscow the driver who has left through two continuous on “ vstrechku “ have not deprived of the rights
Important precedent for all drivers has created the judgement. The driver who has left through two continuous on a counter strip, have left with the rights.
on road it is possible to name This case typical and the extremely dangerous to the person at the wheel. Pretty often drivers get to traps, is free or involuntarily arranged not without the aid of GAI. Also leave them with losses - more often without the right to operate by car.
But autoproprietress Konevoj it was possible to defend the rights and to achieve such judgement which becomes an example for other drivers.
Konev left on the bridge through MKAD. On its lane there was a fixed-route taxi “ the Gazelle “ also blinked an emergency signal. Has probably, simply broken, probably, has had an accident. The girl has taxied on a counter strip, has gone round “ the Gazelle “ And cars facing it, has returned on the strip and has there and then got directly under severe ukazujushchy gesture of the bridge of the inspector of traffic police standing on the middle. It has taken away from it documents and has demanded to rise in turn of the stopped. Well, the girl and has arrived. After a while the cars, blinking an emergency signal, have left, and the patrol car has approached on it. The car inspector has issued the report - departure on a counter strip, a part of 4 articles 12. 15 KoAP. Consequences are obvious - deprivation of the rights for the term from 4 till 6 months.
It is asked, for what? What, having seen the car with an emergency signal, has decided it to go round? And where to it was to disappear? To stand till the end of time while this car itself will not leave? And if at it serious breakage? It the girl did not know anything. Any explaining gestures or words from GAI officers has not followed.
the Familiar picture, isn`t that so?
On whatever needs stopped cars inspectors, they do not trouble themselves with execution of the duties more often - to explain to the driver, how to operate. Namely so, with the zero information for other drivers, they block road, put the detained cars directly on a lane.
And now explain, how the driver, having approached on these cars with the included emergency signal, can understand that it not failure, and overlapping of a line by employees of traffic police. In Rules alarm system application is provided for absolutely other cases. And in case of time overlapping of movement the inspector should stand nearby. With a staff. And this staff to show, it is impossible what further to go.
In all cases attempt to go round such, it is artificial the created stopper the minimum - comes to an end for the driver with the penalty, a maximum - deprivation of the rights. Konev`s autoproprietress has overcome this obvious injustice.
on it ostensibly infringement all has been registered In the report correctly. With one exception - qualification of the given infringement. The come into force amendments to KoAP, apparently, should not cause double interpretation. However whether inspectors badly learnt new laws, whether from any promptings have decided to punish the girl more rigidly. Also have made to it article which punishes for movement on vstrechke. Though in this case the car with the included emergency signal - an obvious obstacle. And for an obstacle detour there is a part of 3 articles 12. 15 - the penalty from thousand to one and a half thousand roubles.
According to public defender Konevoj Anton Krugljakova, initially the judge tended to to make a part 4 these articles - deprivation of the rights. However Anton has asked a question to inspectors: “ Having seen the car with the included emergency signals, what you would think? “ inspectors have refused to answer this question, having referred that it it is not clear.
the Judge has agreed with arguments of protection and retrained actions by Konevoj with 4 - j article 12 parts. 15 on 3 - ju. Also has appointed the penalty at a rate of 1500 roubles.
And here one more problem is highlighted. Konev, as well as many, many other drivers has got to a trap. In a situation from which legislatively it is not provided an exit, except infringement of Traffic regulations with the subsequent heavy fine. Anton Krugljakov has suggested the client to go further and to challenge this judgement, demanding in general to dismiss from it charge in infringement of rules.
How to go round the car which has broken on two-way road? Yes in any way. On the right side at the best a roadside, movement on which it is forbidden - the penalty of 500 roubles. And the chipper or sidewalk can. By the way, movement on sidewalk too is forbidden and 2000 rbl. At the left - a counter strip are punished by the penalty. And it will carry, if the inspector qualifies departure on it by the third part of article 12. 15 also will write out the penalty. And if as in this case as regards the fourth? The driver remains without the rights.
the Same ambush is concealed and in case of a stop of public transport for landing - disembarkation of passengers to such road to places where overtaking is forbidden or streams are divided by a continuous line of a marking. By the way, with public transport the situation is even more difficult. In rules it is accurately registered that if it costs not simply so, and passengers lands, it is not considered an obstacle. That is to go round it it is impossible neither on the right, nor at the left. Though jump. And if you go round it at the left, deprivation is right inevitably.
Meanwhile such stop even public transport also is forbidden by rules. The stop of any car is forbidden there where from the car to continuous remains less than three metres and exceptions of this rule is not present. But whether the GAI officer of the bus driver if in this place the stop is provided will punish? And the driver legkovushki will punish necessarily. And it instead of writing instructions and to demand from local authorities either to transfer a stop, or to make a pocket, or to break off continuous, not to provoke drivers to infringements.
As the deputy chief of department of safety of traffic of the Ministry of Internal Affairs of Russia Vladimir Kuzin has informed the correspondent, there is such legal collision. And in this case all is given to the discretion of the inspector. Certainly, if the car costs with the included alarm system its detour at the left should qualify as regards 3 articles 12. 15 and in any way differently. But if thus there is no possibility to go round an obstacle on the right here it is impossible to make infringement of rules. The car inspector even should help to organise a detour in this case.
At the same time the driver should stop, be convinced that really standing car is faulty, and in some other way it is impossible to go round it. And if it has not been connected with overlapping, I am assured that the inspector would help it to go round an obstacle, - continues Cousins.
And as to buses the legislation establishing responsibility, has appeared ahead of the norms defining an order of the organisation of movement on such sites. Now the decision on building zaezdnyh pockets or drawing of a faltering line around public transport stops, there is accepted where the organisation of pockets in the prompt time is impossible.