Fine or imprisonment for crossing a continuous line?
The punishment for crossing a continuous line directly depends on the type of violation. Since cases of crossing began to be recorded by traffic police more and more often, the measure of liability provided for by law was increased and today involves not only a fine, but also deprivation of rights.
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However, the most severe punishment is not always resorted to, and the amount of the fine also varies - it all depends on how the crossing was committed.
Types of intersection of continuous markings
There are various options for crossing a solid line, which operate both in populated areas and on roads that do not belong to them.
Leaving the yard
Crossing a solid line when leaving a yard is quite common. Sometimes, at the exit from a yard, adjacent territory, or secondary road, there is a mandatory “Turn Right” sign, according to which you can only turn to the right, and the directions of movement are separated by a solid line. Wanting to save time, motorists sometimes do not pay attention to the installed road sign and cross the existing markings.
Such a violation of traffic rules does not constitute driving into the oncoming lane, and therefore does not entail serious consequences such as deprivation of a driver’s license. The fine for crossing a solid line when leaving the yard will be 500 rubles.
Avoiding obstacles
In cases where the obstacle is, for example, road work, the detour of which is regulated by special signs, everything is simple: if the sign instructs you to go around on the left, there is no talk of any violation of the rules. However, if a driver drives around a broken down car or the scene of an accident while driving in the oncoming lane, he may have problems. Entering the lane of oncoming traffic to avoid an obstacle is permitted only in such circumstances when it is impossible to pass to the right of the obstacle. If such a possibility exists, the law requires that the offender be held accountable and have his driver’s license revoked.
Left turn or U-turn
Horizontal markings do not always allow for a left turn from the right lane, even when it is available. It is allowed to perform it only when moving in the left lane: at the nearest intersection or where there are no conditions prohibiting this action.
They often ignore not only this prohibition, but also the rules for turning, making it on sections of the road with a solid line, which is prohibited.
An intersection is considered to be a turn to the left before the beginning of the broken lines intended for this purpose or a collision with a solid one.
For this offense in accordance with the Code of Administrative Offenses of the Russian Federation, Article 12.16. a fine of 1,000 to 1,500 rubles is provided. Imprisonment for crossing a solid line when turning or turning is not legal.
Overtaking
Driving in the oncoming lane, which is inevitable when overtaking, is the most serious violation.
Several options are possible:
- Overtaking, at the end of which the car crosses a continuous line.
- Overtaking, initially carried out through prohibitive markings.
- Driving on tram tracks in the opposite direction is also considered the same as entering the oncoming lane.
For such a violation of traffic rules as crossing one continuous line and entering the oncoming lane, according to the Code of Administrative Offenses of the Russian Federation, Part 4 of Art. 12.15. faces a fine of 5,000 rubles or deprivation of a driver's license.
Intersection of a passing continuous line
If a driver crosses a passing solid line while driving, he will face a regular warning or a fine of 500 rubles.
U-turn or left turn across a solid road - fine or deprivation?
So, part 4 of Article 12.15 of the Code of Administrative Offenses provides for a substantial monetary penalty at a rate of 5,000 rubles or deprivation of the right to drive for a period of 4 to 6 months for driving in oncoming traffic in violation of the traffic regulations. At the same time, part 2 of Article 12.16 of the Code of Administrative Offenses prescribes the owner of the right to drive a fine of 1,000 to 1,500 rubles for turning and turning left through prohibited solid or double solid markings or contrary to road signs.
What sanction will be applied if a left turn or a U-turn is made, because in this case there are elements of both offenses at once?! In fact, everything is not so complicated, and to understand the correct punishment, you should delve a little deeper into the logic of traffic rules that lies on the surface.
Deprivation of rights for driving into the oncoming lane is most often imposed when overtaking or ahead of a traffic jam in an oncoming lane. But for a U-turn or left turn maneuver, Article 12.16 applies. Why? Everything is very simple!
When turning left or making a U-turn, the oncoming lane is no longer an oncoming lane for you, you simply cross it, performing a maneuver. And when turning, it completely becomes tailwind.
This logic is confirmed by the fact that if it were otherwise, then when making left turn maneuvers at intersections, you would also find yourself in the oncoming lane.
Judicial practice on consideration of cases of deprivation for turning left or making a U-turn
But of course, judicial practice on the reclassification of Part 4 of Article 12.15 into Part 2 of Article 12.16 has even greater weight for confirmation. This practice is almost universal, and it can be safely stated that about 90% of court decisions are made in favor of Article 12.16, which provides for a fine. However, everything, of course, depends on the specific circumstances.
So, judicial practice on such decisions is based on the same logic that part 4 of Article 12.15, which provides for the deprivation of rights, is assigned specifically for driving in the oncoming lane, and not for crossing a continuous line when turning and turning around:
Under such circumstances, given that Chuchvaga A.A. when turning left, he did not follow the oncoming lane, but only crossed it and road markings 1.1; his actions did not show signs of an offense under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, which establishes liability for driving in violation of traffic rules of the Russian Federation into a lane intended for oncoming traffic, however, in his actions there are signs of an offense under Part 2 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation, which establishes liability for turning left or making a U-turn in violation of the requirements prescribed by road signs or markings of the roadway...
Read the entire text of the court decision.
From the testimony of the traffic police regiment inspector I. of the traffic police department of the internal affairs department for the municipal formation "Ekaterinburg city" given to the magistrate, it follows that the car was driven by M.V. Markin. began a turn, crossing the solid marking line. According to the existing scheme, it is not clear that Markov M.V. driving a car in oncoming traffic...
In connection with the above, the judge comes to the conclusion that the totality of the evidence provided indicates that the actions of M.V. Markin did not constitute an administrative offense under Part 4 of Article 12.15 of the Code.
The actions of the latter constitute an administrative offense under Art. 12.16 of the Code, that is, failure to comply with the requirements prescribed by the markings of the roadway.
Read the entire text of the court decision.
Thus, according to the law, for turning left or making a U-turn through double and single continuous lanes in 2021, a punishment is provided under Part 2 of Art. 12.16 Code of Administrative Offenses - a fine of one thousand to one and a half thousand rubles.
The only problem is that not all traffic police officers think the same way and stubbornly impose a deprivation clause for such maneuvers. Moreover, even some cameras that automatically record violations impose a fine of 5,000 rubles (deprivation of rights under the camera is not allowed by law) for them.
However, district judges, as a rule, are unambiguous in their attitude to such a violation as turning left or turning through a double solid line - a fine for this is imposed according to 12.16 in the amount of 1,000-1,500 rubles.
Revocation of driver's license for a continuous line
There are many options for crossing a solid line of road markings, but the responsibility for them varies. The traffic police inspector has the right to deprive the car owner of a driver’s license for any violation. Moreover, the employee at the post himself cannot do this; the driver surrenders his license only after a trial .
There is a misconception that you can overtake vehicles moving at low speeds. However, this is only true in the coverage area of the “No Overtaking” sign - on a road with one line and in relation to vehicles whose speed does not exceed 30 km/h. Without a sign, such overtaking is prohibited, and on a road with a double sign it cannot be carried out at all - this is a gross violation for which your license will be deprived.
This type of administrative responsibility is assumed for driving in the oncoming lane. However, not only deprivation of rights for crossing a solid line, but also a fine of five thousand rubles can be applied as punishment.
Based on the Traffic Rules, we can conclude the following: deprivation of a driver’s license is lawful in cases where the driver overtook through solid markings or tram tracks in the opposite direction, as well as when he turned left to the broken marking line, thereby driving in the oncoming lane behind outside the designated turning area.
Period of deprivation of rights for continuous
The period for which a car owner is deprived of the right to drive a car is regulated by the Traffic Rules and ranges from four to six months .
A longer period - up to twelve months - is provided for a repeated violation that was committed within a year.
What are the options for crossing a solid line?
Road marking requirements may apply to both the movement of vehicles and their stopping and parking. Most often, violations associated with crossing a solid marking line occur while the vehicle is moving.
Let's look at the most common situations. These include:
- crossing a solid marking line into the oncoming lane, onto tram tracks in the opposite direction;
- crossing a solid line when turning left or making a U-turn;
- crossing a solid dividing lane of one direction;
- crossing a solid line with access to a lane intended for public transport.
For these violations, various types of liability are provided, including fines.
What is the fine for violating marking requirements?
Penalties for crossing a solid marking line, in particular in 2021, are discussed in more detail in the sections below.
It must be said that the option of crossing a solid line and entering a one-way road is quite exotic. Therefore, we will not consider it.
When is a driver's license not revoked?
Firstly , they do not have the right to deprive a driver of his license for crossing a solid line when the driver had no other choice but to use the lane of oncoming traffic. We are talking about Article 2.7 of the Code of Administrative Offenses of the Russian Federation “Extreme necessity”, according to which driving into the oncoming lane does not apply to violations if it was impossible to avoid the danger in any other way.
Secondly , for crossing, accompanied by traffic in the oncoming lane, a fine of five thousand rubles is also issued if the violation is recorded by a video camera that operates in automatic mode, and not by a traffic police inspector.
Thirdly , hitting a solid line with one wheel, turning left or turning across markings, or leaving the adjacent territory is not punishable by deprivation of rights. For these violations a fine is imposed:
- If a driver crosses a single or double solid road when leaving a gas station, parking lot or other area adjacent to the road, or turns around in a place where signs or markings prohibit this, he may be given a warning or a fine of five hundred rubles.
- If, while driving in his lane, the driver hits a marking dividing oncoming traffic flows, he will be issued a fine for improper positioning of the car on the road in the amount of one and a half thousand rubles.
- If a driver makes a U-turn, despite a sign prohibiting it or continuous markings, the car owner is charged a fine of 1000-1500 rubles.
Fourthly , for driving around an obstacle on the left, if there is an opportunity to do it on the right, an administrative fine ranging from one thousand to one thousand five hundred rubles is provided - but not deprivation of a driver’s license.
Fines
The degree of prosecution for illegally crossing double continuous markings is regulated by the current norms of the Code of Administrative Offenses of the Russian Federation.
Crossing a double solid line is, in fact, driving into the oncoming lane, which, in turn, is a gross violation of traffic rules.
So, depending on the maneuver during which the driver crossed a double solid line, he may face one of the following administrative penalties:
- A fine of 5,000 rubles or deprivation of a driver’s license for a period of 4 to 6 months;
- Deprivation of a driver's license and the right to drive vehicles for up to 12 months;
Info
This penalty is applied in cases where the violations for which sanctions are applied in the first paragraph are committed by the driver again within 12 months from the date of their initial recording.
- Fine from 1-1.5 thousand rubles;
- A written or oral warning or a fine of 500 rubles.
Next, we will look at in what cases the driver faces one or another fine.
For a reversal
In accordance with Part 2 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation, for making a U-turn through a double continuous lane into the oncoming lane, the driver will face a fine of 1,000 to 1,500 thousand rubles.
The driver will be able to avoid paying a fine only if a temporary sign (yellow) is installed in the turning zone allowing this maneuver.
Around the corner
A similar fine in the amount of 1000-1500 rubles awaits a driver who makes a left turn, ignoring double continuous markings (Part 2 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
Attention
The same responsibility awaits the driver who allowed the intersection of solid markings (one lane).
For overtaking
The most serious traffic violation involving crossing a double solid line marking is considered to be overtaking through a double solid line, in which the driver first crosses the double element, and then goes ahead of the vehicles walking nearby, followed by overtaking (returning to the lane of passing traffic).
In this case, according to Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, the driver will face a fine of 5,000 rubles or deprivation of his driver’s license.
Info
Overtaking will be considered not only driving into oncoming traffic, but also driving onto tram tracks in the opposite direction.
For a detour
For avoiding an obstacle by crossing a double solid marking line, accompanied by driving into oncoming traffic, the driver will have to pay a fine of 1000-1500 rubles.
Important
An illegal detour around an obstacle will also be considered a detour around an obstructing object while driving onto tram tracks in the opposite direction.
However, a fine involving illegal detour of an obstacle can be challenged by referring to Article 2.7 of the Code of Administrative Offenses of the Russian Federation.
Read about when an illegal detour can be challenged, thereby avoiding a fine, in the next section.
Appealing the revocation of a driver's license for a solid line
It is important to know your rights in order to defend them if necessary, and also not to try to challenge the decision of a traffic police officer when there are no grounds for this. Let's look at cases where it is possible to retain a driver's license.
Inadequate condition of road markings
For people who are challenging the deprivation of their rights, auto lawyers recommend that the court pay attention to the poor condition of road markings, if any . At the trial, as evidence, it is necessary to present photographs from the place where the solid line was crossed, or a recording from a street surveillance camera or from a video recorder. The evidence provided must be considered.
The road inspection will draw up a protocol at the site of the violation; in the protocol, the violator himself can describe the state of the road markings, indicating non-compliance with GOST.
It is considered that horizontal road markings do not comply with the state standards regulated at the legislative level if:
- the solid line is difficult to distinguish due to its poor condition;
- In some places significant parts of the markings are missing.
Urgent necessity
If you were prevented from completing overtaking to the end of the broken line by a car that was moving ahead and started overtaking after you, you can also focus on this by referring to the “Urgent Necessity” paragraph of the Rules.
Forgery
It is possible that the events described in the protocol do not correspond to reality. Let's look at a few examples:
- Avoiding an accident can be issued as a violation of the fourth part of Article 12.15 of the Code of Administrative Offenses of the Russian Federation. In this case, the driver needs to collect all possible evidence, interview witnesses, and record the road situation in photos or videos. Even if it was possible to go around the accident on the right side, the intersection in this case cannot lead to the deprivation of a driver’s license, only a fine, so you need to defend your case without hesitation.
- The driver begins to overtake on the still intermittent marking line, but as the maneuver progresses, he realizes that he will not have time to return to his lane before the start of the continuous one, and, having slowed down, changes lanes back. Nevertheless, after half a kilometer or a kilometer, at the traffic police post they are charged with crossing a solid road. In this case, it is also necessary to collect evidence of innocence and present it to the court for consideration.
If this happened and the driver was unable to do this before the trial, an appeal against the verdict is possible within 10 days. To do this, you must present your arguments in writing in two copies and attach photo and video evidence to them. Afterwards, one copy must be submitted to the court office or secretary, and it is important to ensure that there is a mark of acceptance, and keep the second one. So the court will review the case.
- If the traffic police officers took away the driver’s license (which is prohibited to do until a court decision is made!), and moreover, he did not receive a summons to court, you need to contact the traffic police department at your place of registration. If, after submitting the application, the certificate is not found, you must write a statement to the prosecutor's office.
Incorrectly completed protocol
It is in the interests of the violator to carefully study the protocol, since if it is filled out incorrectly, consideration of the case of crossing the solid line may be rejected or suspended.
In addition, in any case, it is preferable to use the services of a good car lawyer, this will significantly increase the chances of success.
