Sometimes the traffic police inspector may claim that the driver violated the rules of overtaking. Quite often, this situation occurs when a car is moving at intersections. At the same time, traffic police officers often use the fact that the driver does not know exactly what they call overtaking. Let's understand what is meant by this concept.
Overtaking is the advance of one or more cars, which is associated with the exit to the other side of the carriageway (lane) that is used for oncoming traffic. After overtaking, the car returns to the other side of the carriageway (lane) that it previously occupied.
If the driver drives on the left lane and overtakes vehicles that are moving on the right lane of the road, then this is not overtaking, since the lane does not change. Such a maneuver is considered simply an advance. Thus, none of your actions in this situation can be called overtaking, even if you perform a similar maneuver at an intersection.
Overtaking any vehicle except for the tram, according to the rules, it can be carried out exclusively on the left side. According to the rules traffic Before the driver begins to overtake, he must make sure of the following:
The exit lane must be free for a distance that is sufficient for overtaking;
In the course of overtaking, he will not create obstacles or danger to the movement of other road users;
At the same time, overtaking is prohibited in the following cases:
A vehicle in front of you is overtaking or avoiding an obstacle;
A vehicle ahead in the same lane has reported that it is making a left turn;
The vehicle following you starts overtaking;
After overtaking is completed, you will not be able to return to the lane that you occupied earlier without creating obstacles and danger to the movement of the vehicle being overtaken;
The driver of the vehicle being overtaken must not interfere with overtaking by increasing the speed or by other actions.
If overtaking is outside locality, or the driver wants to get ahead of a slow-moving vehicle that is carrying bulky cargo, or a vehicle whose speed is not more than 30 km / h, then the driver needs to move to the right or even stop in order to let the vehicles that follow him pass.
It is necessary to get ahead of vehicles when crossing pedestrian crossings in accordance with paragraph 14.2 of the Rules of the Road (if a vehicle has stopped or slowed down before an unregulated pedestrian crossing, then drivers of other vehicles moving in adjacent lanes can continue to move only after making sure that before the specified the vehicle does not have pedestrians).
If it is difficult to make an oncoming pass, then the driver on whose side the obstacle is located gives way. If there is an obstacle on the slopes, which were marked with signs 1.13 and 1.14, then the driver whose vehicle is moving downhill must give way.
Where is overtaking prohibited?
Overtaking prohibited:
On regulated intersections and at unregulated intersections when driving on a road that is not the main one;
On pedestrian crossings if there are pedestrians on them;
On railway crossings, as well as in front of them at a distance of 100 meters or less;
On bridges, overpasses, overpasses, in tunnels;
On dangerous curves, at the end of slopes and in other areas where visibility is limited.
What rules govern driving on the broken dividing line on the road?
In accordance with paragraph 9.7 of the SDA, if the roadway is divided into lanes by marking lines, the movement of vehicles must be carried out strictly along the marked lanes. It is allowed to run into broken marking lines only when changing lanes.
Violation falls under part 1 of article 12.16 of the Code of Administrative Offenses of the Russian Federation and is punishable by an administrative fine of 300 rubles or a warning.
On proof of traffic violations
Quite often, a situation arises on the road when a traffic police inspector argues with the driver about whether or not traffic violation. What to do in this case? Can you protect your rights? Should I complain?
Administrative law, like criminal law, provides for the presumption of innocence. That is, initially the driver is considered innocent, unless proven otherwise. Thus, the driver does not have to prove his innocence. His guilt must be proven by a law enforcement officer, and not vice versa.
Presumption of innocence (Article 1.5 of the Code of Administrative Offenses of the Russian Federation)
1. A person is subject to administrative liability only for those administrative offenses for which his guilt has been established.
2. A person in respect of whom proceedings are being conducted on a case of an administrative offense shall be considered innocent until his guilt is proved in the manner prescribed by this Code and established by a decision of a judge, body that has entered into force. official who considered the case.
3. A person brought to administrative responsibility is not obliged to prove his innocence, except for the cases provided for by the note to this article.
4. Irremovable doubts about the guilt of a person brought to administrative responsibility shall be interpreted in favor of this person.
The provisions of Part 3 of this Article shall not apply to administrative offenses provided for in Chapter 12 of this Code, if they are recorded by employees working in automatic mode special technical means that have the functions of photo and filming, video recording.
So, if the traffic police officer claims that you have violated the rules, and you do not agree with this, then the law enforcement representative must prove the driver's guilt. Thus, you do not prove your innocence, and the traffic police officer must provide evidence of your guilt.
Good afternoon, please tell me if the width of the road is 5.6 m there are no signs prohibiting overtaking. Is it allowed to overtake
Hope-4
Hello, Alexander.
In order not to violate the rules of the road in the described situation and not get a deprivation of rights, you need to wait until the moment when the markings are no longer visible, i.e. winters. In summer, if there are markings, it is impossible to overtake.
Good luck on the roads!
Somehow one acquaintance in the winter (the marking was covered with snow) overtook another car. well, and as always, he was immediately stopped by a traffic police officer, who said "you crossed the solid line." a friend replied "the markings are covered with snow - how could I know that it was solid there?". the traffic police officer replied "are you also blind?".
it turns out that in winter it would be necessary to first clear the markings in order to see what it is like there, and then think whether to overtake or not ....
... it turns out that in winter it would be necessary to first clear the markings in order to see what it is like there, and then think whether to overtake or not ....
rules rules, but in life somehow it turns out differently ...
Both in winter and summer, you need to know and comply with traffic rules (for example, paragraph 9.2). You can't in the summer, you can in the winter.
Now every driver has either a DVR or mobile phone with a photo (video) camera and many other devices with which you can fix the road surface.
Yes, and IDPSov, who are clever, not guided by traffic rules, become less and less. Excuse the expression, but they "breed suckers."
No markup, no violation! Drivers are getting smarter. Any application to the prosecutor's office or even to the OSB does not go unnoticed (also with confirmation of photo and video shooting).
If the task of the GAI officer is to pass after the shift as more violations, then the OSB (KPO) has the same task, to catch as many GAI officers. They also have a plan, and there should be indicators.
You don't have to break traffic rules. But if you have not violated them, then do not be afraid of IDPS, keep in mind that he is also afraid. Moreover, with the current salary, none of them wants to lose such a place.
Good afternoon.
Good afternoon.
The situation is as follows, there is a road 14 meters wide with a continuous lane in the middle, there are no traffic signs along the lanes from the side of my movement, from the opposite direction there are 2 lanes. I carried out an advance on the right, and the car in front began to change lanes to the right and hooked on the left side (two doors). Those. in fact, I was already ahead of him. The traffic police are credited with overtaking on the right. How to proceed in this situation.
The concept of "overtaking on the right" does not exist. You followed your lane, the second car began to change from lane to lane. He was obliged to let you through. This is what the answer should be based on. The road is 14 meters, for you it is a 4-lane road, 2 lanes in each direction.
The traffic police said that there is one solid in the middle .. the road is two-way, but at the same time on the opposite side there is a traffic sign in lanes (one straight, the second to the right). and on the side of the accident there was a sign, there is a place for fastening in concrete, but there is no sign.
It doesn't matter what they say. You do not have a disposition on the markup. She is not there - clause 9.1 of the SDA in hand. You are not required to know how markings should be applied and signs should be installed (as well as signs looking in the opposite direction), but you must be guided by traffic rules.
Take a picture from the side you are following in order to show at the court that there are no markings, as well as signs showing movement along the lanes in your direction. The road is 14 m wide - 4 traffic lanes are absolutely calm (according to SNiP, the lane width is usually 3 m).
My video played a cruel joke on me .. it shows that when leaving the collision, I went to the right and slightly to the side of the road. As a result, overtaking on the right was canceled and punished for overtaking on the side of the road.
Sometimes it happens. But it's still not overtaking. Should write "driving on the side of the road." And still, all dogs should not be hung on you, since the second car was performing a maneuver and you have priority in moving straight ahead. To see the video itself, it will be easier to answer.
yes, I'll prepare a video ... I'll cut the excess before and after ..
the video shows that I went to the side of the road to avoid a collision, and it was necessary to brake sharply.
As far as I understand, there is a 1.1 marking along the center line of the road. This is true? Then the road is two-lane or three-lane, not four-lane.
Is it a built-up area or outside of a built-up area? If out, then
9.4. Outside built-up areas, as well as in built-up areas on roads marked with the sign 5.1 "Motorway" or 5.3 "Road for cars" or where traffic at a speed of more than 80 km / h is allowed, drivers of vehicles should drive them as close as possible to the right edge of the carriageway parts. It is forbidden to occupy the left lanes when the right lanes are free.
That is, a reciprocity is possible.
According to the video, it turns out that you performed an advance on the side of the road, then began to shift to the left and, having substituted yourself, received a blow from the second car. It seems that such an opinion and inspectors have developed.
I began to leave to the left after the collision.
when ahead, I was already ahead by half a car.
the width of the road is 14 meters, and the lanes are 7 meters, and 2 cars pass there easily.
With markings, an eye is no longer needed. And it doesn't matter that the lane width is 7 m, and 2 cars pass easily.
I signaled to him, already late I noticed that he was approaching me from the left, the video recorder has a larger viewing angle.
And if I didn’t provide a video on which I framed myself, then according to the accident scheme. The impact was at a distance of 2.3 meters from the right edge.
If the place of the accident is determined, then this allows you to establish your position on the road before the accident by video. You were moving parallel to the edge of the road, but were not on the side of the road (the width of the car, I think, is less than 2.4 m). Push that there was no overtaking, but there was an advance, and that they were moving parallel to the edge of the road.
P.S. Too bad the video has been removed.
Well, I plan to appeal in court, there is no video left in the analysis of the accident.
Even if unsuccessfully, you need to try and know how the whole system works.
Well, I insisted on being ahead of the curve.
If he looked in the mirror, he would hardly move to the right.
Overtake a driver who has signaled a left turn and is maneuvering to the right. How else? In other cases, overtaking on the right is prohibited. Unfortunately, we spit on this, they crash themselves and cripple others!
It's much worse that people don't read modern versions Traffic rules that breed like the Chinese! The concept of "overtaking on the right", which is allegedly prohibited, has been missing for a couple, if not more years, in the traffic rules!
When driving outside the settlement, a maneuver was started to overtake the passenger car in front, the markings allowed. At the end of this maneuver, the sign 3.20 was set (overtaking is prohibited), it was necessary to return to your lane. Traffic cops wrote out a resolution referring to Article 12.15ch4. I'm going to sue.
If you did not have time to return to your lane before the sign of 3.20, then you are automatically to blame. Eat arbitrage practice, there are clarifications from the Armed Forces and amendments are being prepared to the SDA and the Code of Administrative Offenses on this matter. Your chance is 0.01%
I would agree and repent. Fine 5000 rub. plus 50% off. Total 2500 r. You will be indignant, they can deprive you of 4 to 6 months.
Natalia-66
Good afternoon Approaching the car to the intersection, began to flash yellow signal traffic light. Having changed lanes to the extreme right lane, it slowly rolled up to the stop line. On the right, a motorcyclist overtook me, turned out the mirror and drove through a red one.
When rebuilding to right mirror I looked - there was no motorcyclist, most likely he left the yard.
Correctly, I understand that my fault is that I had an obstacle on the right and, braking at the stop line, I did not look in the right mirror, but was the motorcyclist's maneuver correct?
Recently entered into force traffic rules changes concerning all drivers without exception. Autoinstructors emphasized that the main amendments are related to the rules of advance and overtaking.
What is overtaking?
Agree that from such a distance it is simply impossible to objectively assess the situation, but it is also more expensive to argue with the inspector.
In this case, you will be issued a protocol. It is recommended to write down the number of the vehicle, in our case it is the tractor that you overtook, and even write down its contact details, so that you can later call the court as a witness. A similar story can happen not only on the highway, but also in the city. Two cars will completely pass along one lane, and the one that travels on the left performs an advance, but does not leave for oncoming lane. Registration of an offense here (although you, in fact, did not commit it) occurs in exactly the same way as described above.
Video footage of what can happen when ahead:
Good luck on the road and be extremely careful!
The article used an image from the site avtohod.ru
Overtaking is an advance of one or several vehicles moving along the way, which is accompanied by a departure into the oncoming lane with a subsequent obligatory return to your own lane, or side of the carriageway.
An advance is a movement with an excess of speed relative to passing cars, which is performed within its own lane.
What is the difference?
From the point of view of the Rules of the Road, overtaking and advancing are terms far from each other. Due to the fact that overtaking is associated with going into the oncoming lane, it is rightfully considered one of the most dangerous maneuvers on the road.
Unlike overtaking, passing is allowed both on the left and on the right (on roads with several lanes in one direction). In addition, it can be performed in almost any situation and its prohibitions are regulated very rarely, or when all lanes are occupied by traffic. Opportunities for overtaking are often limited road signs and markup.
Leading is not always associated with a lane change, that is, if you pass a passing vehicle on your part of the road more speed, it's still an advance. But the rebuilding is already associated with the departure from the occupied lane, or road line, although the original direction of motion is retained.
Among the main characteristics of overtaking are the following:
- Overtaking is a kind of advance, any overtaking is an advance, but not every advance is an overtake.
- When overtaking, the vehicle always moves into the oncoming traffic zone.
- At the end of overtaking, it is obligatory to return the car to the lane previously occupied by it.
- According to clause 14.1 of the Rules of the Road, overtaking a vehicle is allowed only on the left.
How to overtake?
the most correct and safe overtaking- It's a fast run. How more difference speeds between the leading and leading cars, the faster you complete the maneuver, so even if there is a free “oncoming” lane in front of you, and your passing car is moving evenly, do not be too lazy to increase your speed by 20-30 km / h. After accelerating a little, turn on the left turn signal and look in the left exterior mirror to make sure that no one overtakes you in the oncoming lane. If everything is clean in front and behind, you can leave and start maneuvering.
If traffic situation is not safe in front of the overtaken car (large potholes on the road, foreign objects, etc.), then quickly return to your lane. If all is well, then quickly overtake the car and return to your lane with a right turn, after looking around in the right mirror (often motorcyclists may appear there, or the ahead car may accelerate).
How to behave if you are overtaken?
First of all, do not interfere with the driver who is overtaking you. His actions are potentially as dangerous to you as they are to him. In which case, he will have to dodge exactly to the right, that is, in your direction. Of course, do not add speed, do not start “competing” with anyone. It will be better if you even slow down a little and get a little closer to the side of the road. If in front of you bad road or danger, by turning left you can give the neighbors traffic flow understand that it is not worth making a maneuver now, and you need to wait a bit with it. Do not think that you are doing a favor to someone else by your behavior. First of all, you yourself avoid a potentially dangerous emergency near your own car.
Prior to the statutory changes adopted in the SDA until 2010, drivers were not aware of such a characteristic of the rules of the movement of the concept as advancing.
In 2019, a significant difference has been established between such concepts as overtaking and ahead.
Ignorance of such a distinction between concepts can have a detrimental effect not only on the driver, but also on his car and other road users.
For this reason, the question is which side overtaking allowed TS, as well as the concept of advance, especially with right side cars require more careful consideration.
Car overtaking, according to the updated rules, is the same advance of the vehicle while moving to the oncoming lane and then returning to its usual lane.
In other words, this action can be done on the left side of the car.
As for the advance, according to the new rules, this is the movement of a car, in which two vehicles overtake each other without the need to enter the oncoming lane.
There is also such a common concept as rebuilding. This is an exit from the occupied lane or occupied row with full preservation of the original direction of movement.
There are certain differences between these concepts. For example, the advance of a car can be carried out at absolutely any moment, and overtaking is accompanied by certain prohibitive restrictions.
Overtaking on the right according to the traffic rules of 2019 is strictly regulated. This cannot be done only at pedestrian crossings, at intersections, at railway crossings, as well as at tunnels and overpasses.
Every driver needs to distinguish between these concepts, regardless of driving experience.. This is especially important for those who are not accustomed to using conventional multi-lane roads, since misunderstanding and constant confusion between these concepts can lead to the creation a large number accidents caused by an attempt to overtake.
Video: Overtaking, advancing, oncoming traffic in simple words
Every modern driver understands that overtaking on the right at a formal level is prohibited in current this moment SDA. This rule is taken into account by default, despite the fact that the traffic rules do not say so.
For this reason, many drivers believe that since there is no direct ban, it is allowed. There is a certain norm for advancing the vehicle on the right side.
The advance of such a plan is directly related to moving to the oncoming lane. For the reason that in our country it is established Left side traffic, this means that in fact the traffic rules completely lack the concept of overtaking on the right side.
In fact, this is evidence that Russian rules permitted and prohibited situations on the right are not provided.
At the moment, there are two main types of advancing a car, each of which is allowed by the rules of the road:
- Overtaking a vehicle without changing lane. In this case, the vehicle is ahead of another due to its higher speed.
- There is also an advance with a departure to a different lane. If the movement is made on the left side, the advance, which provides for overtaking, will be carried out with the exit to oncoming traffic. If the movement is carried out on the middle lane, it is permissible to overtake on the left lane.
IN current rules movement, there are a number of other indirect requirements that do not provide the opportunity to overtake on the right. The exception here is turns and interchanges to the left, on the basis of which it is necessary to move the car on the left.
If the movement is carried out on the right side, if there is a desire to overtake the vehicle on the right side, the driver will need to first drive to the side of the road, which is strictly prohibited by traffic rules.
If the movement is carried out in the middle lane and if you want to overtake the car on the right side, it will be able to move in the right lane at a speed that does not exceed the speed of a car traveling in the middle lane.
Based on this, we can conclude that this manipulation will violate another paragraph of the traffic rules, therefore the legislator did not provide for separate points of responsibility for overtaking on the right.
Despite the absence of specific rules for overtaking on the right side, it is strictly forbidden to do so.. These are the most dangerous maneuvers on the road, which can lead to accidents!
In most cases, overtaking on the right side is carried out on the side of the road or on sidewalks.. The prohibition on these manipulations is indicated in paragraph 9.9.
The driver in this case, when caught in the attention of the traffic police, will be punished with fines simultaneously for two violations - the implementation of the most prohibited maneuver, as well as for driving along the side of the road and along the sidewalk.
There are certain concessions in this case, but they do not apply to drivers of vehicles, but to drivers of mopeds and bicycles.
They are allowed to drive vehicles on the side of the road, unless specially designated lanes are provided for this purpose. Also, the permit to drive vehicles applies to drivers whose age has reached 14 years.
There is no need to list and consider cases concerning cyclists, it is worth studying in more detail the situations when overtaking is carried out by vehicles that are equipped with more powerful car engines.
As soon as certain changes appeared in modern traffic rules, numerous disputes arose as to what should be considered overtaking on the right, as well as how lawful such a maneuver is under various circumstances.
According to the classic formula, overtaking on the left side is one of the most dangerous maneuvers carried out while driving a car, it requires special training.
Drivers with great experience driving in similar situations operate automatically. Actions with such a maneuver, it is desirable to carry out the following:
Such manipulations will avoid possible danger in the form of a car that is standing or slowly driving along the side of the road. In addition, such maneuvers can be dangerous if the ascent ends or adverse weather conditions occur.
When overtaking on the right side, such manipulations will be quite difficult to perform. With this form of lead, it will be very difficult for the overtaking driver and the overtaking driver to safely overtake the car on the right side.
There is one more small detail, when overtaking on the right. In the city, in this case, on the right side there are ways for the movement of the tram.
According to traffic rules, rail tracks according to their status, they can be classified as continuous separation strips.
Many people wonder when overtaking on the right is allowed. Here it can be noted that overtaking on the right side, following the tracks, is possible only in two exceptional cases:
- In order to unload the road, if the lanes are very crowded.
- Detour or overtaking.
Other reasons for the described topic cannot be attributed, respectively, they do not deserve attention. Possible check-in on the path of oncoming traffic rail transport very severely punished. Here, overtaking on the right is even more strictly prohibited.
As such, there is no "overtaking on the right" violation. Accordingly, the usual punishments are not relevant here.
At the same time, many drivers constantly complain that the practice of such overtaking is quite popular.
If the driver is caught in such a process, a fine is charged for such a violation as driving a car along the side of the road.
Driving on sidewalks or on the side of the road is a violation of an administrative rule. In this case, the driver is fined, the amount of which is 1500 rubles.
If, in the course of the proceedings, traffic police officers establish not just a movement along the side of the road, but an unlawful advance, the fine for overtaking on the right will be 5,000 rubles.
If the driver in the process of overtaking vehicles passes through tram tracks, for such a violation, a fine in the amount of 5,000 rubles or deprivation of rights for up to 6 months may be imposed.
Fines for moving along the side of the road are not assigned in cases where this form of movement is forced.
The reason for this may be factors such as damage to the roadway, emergencies blocking and blocking normal passage.
Based on all of the above, we can conclude that if it becomes necessary to make a detour of any obstacle or a moving car on the right side, it is not prohibited by modern traffic rules.
If, nevertheless, it became necessary to carry out an advance on the right, it is advisable to pay attention to such factors of caution. Here are the most basic ones:
You need to know how best to behave if another road user is overtaking on the right. You should not make sudden movements and sounds, it is better to let the driver who breaks the law calmly overtake on the right side.
Safety should always be a priority! In addition, a driver who prevents other road users from making a maneuver will bear certain administrative responsibility.
Summing up
In the process of moving along the highway, the driver is required to be extremely careful, strict observance of the rules of the road.
It must be remembered that all traffic rules created for the most part on the basis of real cases of those drivers who got into difficult accidents.
