The Supreme Court clarified when it is necessary to deprive the rights for crossing the oncoming lane

The Supreme Court considered the complaint of a driver who was deprived of his license for an accident after driving into the oncoming lane and overtaking. The Supreme Court agreed with his complaint and recognized the incorrect qualification of the violation by the traffic police inspector. The driver was replaced by a punishment in the form of deprivation of rights for a fine of 1.5 thousand rubles. Court ruling leads agency RAPSI.

In the complaint, the driver insisted that the traffic police officer and the lower courts had incorrectly qualified his violation. He claimed that he drove into the oncoming lane in accordance with the traffic rules – in a permitted place, while Part 4 and Part 5 of Art. 12.15 of the Code of Administrative Offenses provide for liability only for driving into an oncoming lane in violation of the rules.

As stated in the decision of the Supreme Court, the lower courts ignored the fact that administrative responsibility under Part 5 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation occurs when the rules of traffic rules, road signs or markings are violated again, which led to the exit into the oncoming lane or tram tracks.

The Armed Forces noted that paragraph 11.1 of the SDA is a general norm and does not establish a fundamental ban on entering the oncoming lane. As a result, a violation of this rule does not form an administrative offense under Part 5 of Art. 12.15 Administrative Code. As follows from the protocol, there were no signs or special markings at the scene of the accident prohibiting overtaking.

“In this case, the actions of the driver were subject to qualification under Part 1 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, which establishes administrative responsibility for violating the rules for the location of a vehicle on the carriageway, an oncoming siding, as well as driving along roadsides or crossing an organized transport or foot column or taking a place in it, ”the decision of the Armed Forces says.

Olesya Pavlenko