The modern ever-growing rhythm of life dictates its own conditions. The desire to keep pace everywhere and on time leads to an increase in the number of cars on the road. However, riding, as you know, has certain limitations, which annoys the always hurrying drivers. Perhaps that is why overtaking with the intersection of continuous axial marking is increasingly being made.
What is overtaking
This maneuver consists of three actions:
- exit to the left or oncoming lane;
- ahead of the vehicle ahead;
- return to your lane.
Before you start overtaking, you should make sure that there are no obstacles from other cars, your car will not create a dangerous situation, and there is enough distance to make a maneuver. Hazards and hazards may include the following:
- the vehicle in front sends a signal to turn left;
- the vehicle following, the start of overtaking;
- when you return to your lane to complete the maneuver, obstacles will be created for the vehicle being overtaken;
- the car in front is already overtaking.
In addition, traffic rules prohibit this maneuver:
- at the railway crossing and one hundred meters before it;
- in the presence of pedestrians at the crosswalk ;
- on sections of the road with poor visibility;
- in tunnels, overpasses or overpasses;
- 100 m before the end of the climb;
- at regulated intersections and unregulated if you are on a secondary road.
In theory
A continuous intersection at the end of overtaking is an action that is both prohibited and permissible. And the outcome of the incident does not depend on the driver, but on road workers, or rather, on the quality of their work.
According to the SDA, the intersection of the marking 1.1 is a serious violation that can entail severe punishment. But the current GOST in our country on road markings is practically not observed anywhere.
Before starting solid on the roadway, a strip of a special size should be applied. It is three times longer than the standard - intermittent - and the intervals are much shorter. The appearance of such markings makes it clear to the driver that overtaking can end already on a solid. Referring to this fact, to prove your innocence is quite simple.
Supreme Court ruling
The meeting that discussed the intersection of the solid line at the end of the overtaking recognized this maneuver as a rather serious offense. However, liability can be avoided if it is proved that the violation was provoked by road services that did not bother to comply with the standards established by GOST.
And if so?
Autotourists very often have to explain to drivers the situation with a “seemingly” not intersection of continuous marking. In general, everything looks like this. The car for overtaking crosses the intermittent marking line, then moves along the oncoming lane with the solid section and completes the overtaking, again crossing the intermittent marking line. Visually, there is no violation. What about the law? There is. Driving in the opposite direction lane behind solid marking lines is prohibited!
Another myth suggests that a detour of a fixed-route vehicle or a slow-moving vehicle is punishable only by a fine of one thousand rubles. But today the law has been amended, and in the best case, you will have to pay 5,000 rubles, and in the worst, you can lose your driver’s license for up to six months.
What is fraught with a continuous intersection at the end of overtaking
Violating the provisions of Part 2 of Article 12.16 of the Code of Administrative Offenses (ignoring markings or road signs), you can get off with a small fine. Collecting from a thousand to one and a half thousand rubles threatens the driver who was driving around the scene of an accident or other obstacle in the oncoming lane, although it was possible to do it on the right.
The same amount of the fine will be assigned to the driver if he proves to the inspector that he drove into the oncoming lane through intermittent markings and returned through the continuous lane not at all to overtake. In this case, you can only punish for the incorrect location of the vehicle on the road. Most often, all these details are spelled out in the protocol, so you need to insist on getting acquainted with it. And by signing, record your disagreement with the opinion of the traffic inspector.
But if, nevertheless, the marking 1.1 was crossed or a double solid intersection was recorded at the end of overtaking by the traffic police inspector, the driver has several options for resolving the situation:
1. Admit guilt. In this case, the protocol will be drawn up on site.
2. Deny the deed. This situation also implies the compilation of a protocol, but with a continuation in the inspection (the same result can be if the driver was not the owner of the car).
3. The deed is obvious. Then the protocol is compulsory. A fine is issued immediately. Documents upon completion of registration will be submitted to the court.
The judge’s decision is significantly affected by the fines imposed on the motorist earlier (even if they are all paid off). The only exceptions are fines from fixation systems.
You can mitigate the punishment by proving that a car is necessary as the only way to earn money, and you have minor children.
When it came to trial
If, however, the court pleads guilty, then by agreeing with him and repenting of the deed, the punishment can also be mitigated. Otherwise, another meeting will be scheduled, to which traffic police inspectors will be involved as witnesses. Naturally, the judge will believe them, and the penalty will be deprivation of rights.
If the exit to the oncoming lane was not connected with a turn or a left turn, the driver will be fined 5,000 rubles or (depending on the severity of the consequences) they will be deprived of their rights for a period of four to six months. A recorded repeated intersection of the solid marking line at the end of overtaking entails the unambiguous withdrawal of a driver’s license for a year.
Almost every violation associated with the intersection of the solid axial marking line - whether it is single or double - is subject to judicial review. An exception may be an offense, the protocol for which is drawn up on the basis of data from video surveillance systems or photo-recordings. In this case, the driver will only be fined. The decision is generated automatically. The alleged offender will receive a copy of the certificate by registered mail.
It is possible to appeal the penalty for crossing the solid at the end of the overtaking. It will be necessary to prove either the presence of fuzzy markup, or the urgent need for such an action, or a video fixer error (for example, the license plate number is incorrectly defined).
Allowed Exceptions
The intersection of the continuous marking will not be recognized as a violation if there is no possibility to go around the obstacle on the right side.
It is permissible to slow down on an oncoming lane if there is a danger of a dangerous approach to a vehicle in front or if there is already a clear emergency. And also on the oncoming lane you may end up in a blow. If there is an opportunity to prove the presence of the described situations, then the fault is completely removed from the driver. But you need to take into account that the confirmations must be serious - the testimony of witnesses and / or the recording from the DVR.
Perhaps crossing the solid at the end of overtaking was a necessity
These may be such weighty arguments:
- after the accident, the victim must be taken to a medical facility, and there is no way to wait for an ambulance;
- the code “gives the go-ahead” to the solid intersection when overtaking, if it is a matter of saving the lives of passengers and / or the driver;
- the warning sign was in the wrong place, so there was no chance to "read" it.
Avoiding Responsibility
The continuous intersection at the end of overtaking (2016 made its own adjustments) is today a very topical issue. There are several nuances that will help resolve the matter in favor of the driver.
The traffic police inspector must necessarily record in the protocol that the road marking does not comply with the established GOSTs. You also need to ask the traffic police to draw up the most detailed outline of the alleged violation. For the judge, this will be a pretty weighty argument. If the matter nevertheless comes to court, then it will be good to enlist the support of two witnesses and / or a car lawyer with an impeccable reputation.
The punishment for crossing the solid at the end of overtaking can be tried to be challenged using GOST 52289-2004 (with amendments and additions from 2016). If the inspector of the road patrol service fines a motorist for completing an overtaking after the end of separation 1.6, then he seems to be right. But ... Clause GOST 6.2.8 states that the marking line 1.6 notifies the driver of the approach of an axial solid line. And it is applied 50-100 meters before the continuous marking. And in the section “General requirements” it is written that the road sign is installed on the right edge of the roadway, and its visibility is about 100 meters.
An average car travels 100 meters in 4-5 seconds. Consequently, the intersection of the solid lane at the end of the overtaking was not the fault of the driver, and there was nothing to punish him for. By the way, this decision is most often made by the court.
Solid and intermittent at the same time
An interesting and controversial situation, often discussed by car dealers. We are talking about marking 1.11, which can be crossed from the side of the discontinuous part, and its solid part is crossed by the driver returning to his lane. But sometimes in the lane with intermittent markings set the sign "Overtaking is prohibited." What to do in this situation? Adhere to the rules that state that a road sign has priority over road markings. And the motorist who committed such an act should not be responsible for crossing the solid after overtaking, but for failure to comply with the requirements of the established road sign.
Note to the driver
The size of the monetary penalty for overtaking through a solid one can be increased, even an arrest of 15 days is possible. In this way, irresponsible drivers who fail to pay a fine in the 60 days specified by law are punished.
There are also officially granted privileges for responsible motorists. The fine paid within 20 days from the date of the decision is reduced by exactly half. The norm is valid from 2016.
And with regards to the device for shooting. The time of fixing violations on household video cameras has sunk into oblivion. Today, traffic police inspectors should have special devices. And the driver, accused of crossing a solid, has the right to view the record. And at the same time pay attention to the sealing, the availability of a license, as well as the dates of the next calibration and calibration of the device.