2.09 Coap falls under 12.16 3. How to avoid punishment for driving in the opposite direction on a one-way road? How is punishment determined?

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Hello, Alexey. In addition to the above, I will add the following two points:

1) if during the last year you have been brought to administrative responsibility for violations of traffic rules (i.e. violations for which liability is provided for in Chapter 12 of the Code of the Russian Federation on Administrative Offenses), the magistrate may, instead of a fine, deprive you of your rights, because . according to subp. 2 p. 1 art. 4.3 of the Code of Administrative Offenses of the Russian Federation, the repeated commission of a homogeneous administrative offense, that is, the commission of an administrative offense during the period when a person is considered subject to administrative punishment in accordance with Article 4.6 of this Code for committing a homogeneous administrative offense is aggravating circumstance.

Therefore, if there have been any fines for the last year, for not fastening a seat belt, violating the speed limit, etc., you need to collect more evidence to mitigate liability.

In accordance with Art. 4.2 Code of Administrative Offenses of the Russian Federation The following circumstances are recognized as mitigating administrative liability:

1) repentance of the person who committed the administrative offense;

2) voluntary cessation of unlawful behavior by the person who committed the administrative offense;

3) voluntary reporting by the person who committed the administrative offense to the body authorized to carry out proceedings in the case of an administrative offense, about the administrative offense committed;

4) assistance by a person who has committed an administrative offense to the body authorized to carry out proceedings in the case of an administrative offense in establishing the circumstances to be established in the case of an administrative offense;

5) prevention by the person who committed the administrative offense of the harmful consequences of the administrative offense;

6) voluntary compensation by the person who committed the administrative offense for the damage caused or voluntary elimination of the damage caused;

7) voluntary execution, before a decision is made in a case of an administrative offense, by a person who has committed an administrative offense, of an order to eliminate the violation issued to him by the body exercising state control (supervision);

8) committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;

9) commission of an administrative offense by a minor;

10) commission of an administrative offense by a pregnant woman or a woman with a young child. A judge, body, official considering a case of an administrative offense may recognize mitigating circumstances not specified in this Code or in the laws of the constituent entities of the Russian Federation on administrative offenses .

Thus, the list of mitigating circumstances is open and you can bring any others not specified in paragraph 1 of Art. 4.2 Code of Administrative Offenses of the Russian Federation.

For example, take a written positive reference from your place of work if you are officially employed. You can also indicate in your description that your work involves constant driving.

You can repent in your favor and point out that you don’t visit this part of Voronezh often and therefore didn’t immediately notice the sign.

If there are young children, this can also be said in court, that they need to be fed, taken to kindergarten, school, etc.

If there are loans, as one of my colleagues accurately noted, be sure to point this out to the court and, as confirmation, get certificates from the bank about the availability of the loan, the amount and monthly payments.

2) if the magistrate issues a fine and you do not have the financial ability to immediately pay such an amount (5,000 rubles), then you can apply on the basis Art. 31.5 of the Code of Administrative Offenses of the Russian Federation on installments or deferment of payment of adm. fine:

If there are circumstances due to which the execution of a decision imposing an administrative penalty in the form of administrative arrest, deprivation of a special right or an administrative fine is impossible within the established time frame, the judge, body, or official who issued the decision may delay the execution of the decision for up to one month. Taking into account the financial situation of the person brought to administrative responsibility, the payment of the administrative fine may be spread out by the judge, body, or official who made the decision for a period of up to three months.

The traffic police came up with an innovation. The traffic police vehicle is equipped with a “Parcon” video recorder, which, when driving along the street, records the license plates of illegally parked cars. Then the car with “Parcon” drives down the street a second time and detects the violators again. The license plate numbers of violators are automatically recognized and compared with photographs taken for the first time. The car remains standing still - that's it, it's an intruder, it is saved in the database. The data is transmitted to the traffic police and car owners receive letters of happiness by mail.

Well, if a traffic police car drove through the same place 6 times, car owners receive as many as 5 letters of happiness by mail for the same violation. The car wasn't moving anywhere.

in Tatarstan, an experiment that lasted several years was declared ineffective, since the fined car owners proved the illegality of the fines issued to them. "Parcon" is not an automatic means of fixation; it works with the help of a person. Essentially, this is a simple camera, and fines can only be sent by mail using systems that operate automatically.

Quote from the decision of the Supreme Court of Tatarstan (document attached): “to obtain evidence in a case of an administrative offense in the activities of the State Traffic Inspectorate, the use of a technical means of measuring the speed of vehicles is allowed. There is no information that “Parcon” is included in the State Register of Measuring Instruments and has a certificate as a measuring instrument.”

Currently, in Kazan, out of more than two dozen Parkons purchased initially, only three are used. The remaining devices are sold to other areas, and there they are happy to try. Here is just a small sample of practice:

1. Judge of the Ordzhonikidze District Court of Magnitogorsk, Chelyabinsk Region Cherepanov M.A., case No. 12-276/2012.

The fact of violation of the requirements of the road sign 3.27, 3.28 of the Russian Federation Traffic Regulations by the driver of the car, the state registration plate, is confirmed by photographic material obtained using a special technical device “PARKON” operating in automatic mode, which has photo and video recording functions.
…
DECISION of the inspector for the implementation of administrative legislation of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the city of Magnitogorsk, Chelyabinsk Region, senior police lieutenant A.V. Prikhodchenko. from the involvement of Sementin V.S. to administrative liability under Part 4 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation - left unchanged, and the complaint of Sementin V.S. without satisfaction.

2. Judge of the Zheleznodorozhny District Court of Khabarovsk Zabelina V.A., case No. 12-65/12.

The guilt of FULL NAME2 is confirmed in the aggregate by the evidence collected in the case, namely the data of a special technical device - “PARKON”, number, certificate of conformity, DECISION in the case of an administrative offense 02 dated December 16, 2011, a card of violations of traffic rules by the driver, a diagram of the location of road signs 3.27 in Central district of Khabarovsk.
…
As follows from the case materials, namely the Operating Manual for the Parkon vehicle parking violation video recorder, it is intended to identify violations of parking rules and other traffic violations associated with violation of the permissible time spent in designated areas, or with the very fact of being in prohibited areas. for this purpose, first of all, to identify non-compliance with the requirements prescribed by road signs or roadway markings.
…
Since the PARKON product is not a measuring device, it does not require a verification certificate.
…
DECISION of the IAZ inspector on the traffic police of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia in Khabarovsk, Full Name 1 02 dated December 16, 2011 in the case of an administrative offense under Part 1 of Article 12.16 of the Code of the Russian Federation on Administrative Offenses in relation to Full Name 2 with the imposition of punishment in the form of an administrative fine in in the amount of 300 rubles - leave unchanged, complaint FULL NAME2 without satisfaction.

About the same in the judges' decisions

For many administrative offenses in the field of traffic, the current legislation provides for alternative penalties. In other words, for a violation provided for by one article of the Code of Administrative Offenses of the Russian Federation, both penalties and deprivation of the right to drive a vehicle can be imposed. One of the norms of the Code of Administrative Offenses, which provides an alternative measure of liability, is 12.16 of the Code of Administrative Offenses of the Russian Federation. Driving in the opposite direction on a one-way road can result in a driver receiving either a fine of 5,000 rubles or deprivation of his license. Let's talk about how sanctions are established under Part 3 of Art. 12.16 of the Code of Administrative Offenses, and what measures a motorist can take to protect his rights.

How is punishment determined?

The violator must be held accountable in accordance with the rules established by administrative legislation. Article 4.1 of the Code of Administrative Offenses determines that when imposing a sanction, it is necessary to take into account such factors as the nature of the violation, the personal characteristics of the offender, his financial situation, the presence or absence of circumstances mitigating or aggravating liability. In addition, Article 3.8 of the Code of Administrative Offenses of the Russian Federation establishes that the deprivation of a citizen of a special right is provided for the systematic violation of the law by an offender, or for a gross violation of the rules established by law. An analysis of these norms of the Code of Administrative Offenses of the Russian Federation allows us to conclude: punishment in the form of deprivation of rights under Part 3 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation can be applied to the driver if he has already been prosecuted under this article, or if the act committed by the driver is regarded as a gross violation of traffic rules.

If everything is clear about the systematicity of traffic violations, then the second characteristic: “gross violation” raises questions. The Code of Administrative Offenses does not contain clear criteria by which a violation can be characterized as gross. This indicator is determined by the person who recorded the fact of committing an offense, namely the traffic police inspector. The inspector determines what consequences the act committed by the driver may entail: a fine or deprivation of rights for up to six months. The completed administrative protocol will be sent to the court, and the judge will make a final decision taking into account the opinion of the official who compiled the protocol.

How to avoid punishment?

The driver can take a number of measures to protect his interests, namely:

Indicate that the sign is not visible or is installed incorrectly

Article 12.16 of the Code of Administrative Offenses establishes punishment for driver violation of the requirements prescribed by markings and road signs. The “entry prohibited” sign must be installed in accordance with GOST 52289-2004, must be in the driver’s field of vision and installed at a distance of at least 100 meters from the beginning of the coverage area. Usually the inspector does not see where the car came from and only states the fact of driving in the opposite direction on a one-way road, which means the driver has a chance to prove that there was no violation at all.

If the sign is not visible, is covered by leaves or any objects, or is installed in violation of GOST, the driver must record these facts and point them out to the inspector.

Indicate in the protocol the presence of mitigating circumstances

Circumstances mitigating liability are specified in Art. 4.2 Code of Administrative Offences. Such circumstances include, among other things, the repentance of the person who committed the offense. If the driver agrees that he committed a violation and does not plan to challenge this fact itself, in the explanation to the protocol he must write about remorse for his crime. It is also worth pointing out other circumstances mitigating administrative liability, if any.

Contact a car lawyer

If, in the opinion of the traffic police inspector, the violation committed by the driver is gross and entails deprivation of the right to drive a vehicle, a professional lawyer will help to challenge the official’s decision, who will study in detail the circumstances of the offense, identify violations when drawing up an administrative protocol, if any, and develop an effective position for protecting rights driver in pre-trial and judicial proceedings.

ST 12.16 Code of Administrative Offenses of the Russian Federation

1. Failure to comply with the requirements prescribed by road signs or markings of the roadway, except for the cases provided for in parts 2-7 of this article and, -

entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.

2. Turning left or making a U-turn in violation of the requirements prescribed by road signs or markings of the roadway, -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.

3. Driving in the opposite direction on a one-way road -

shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.

3.1. Repeated commission of an administrative offense provided for in Part 3 of this article -

entails deprivation of the right to drive vehicles for a period of one year, and in the case of recording an administrative offense using special technical means operating in automatic mode, having the functions of photography, filming, video recording, or means of photography, filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles

4. Failure to comply with the requirements prescribed by road signs or road markings prohibiting stopping or parking of vehicles, except for the case provided for in Part 5 of this article, -

shall entail the imposition of an administrative fine in the amount of one thousand five hundred rubles.

5. The violation provided for in Part 4 of this article, committed in the federal city of Moscow or St. Petersburg, -

shall entail the imposition of an administrative fine in the amount of three thousand rubles.

6. Failure to comply with the requirements prescribed by road signs prohibiting the movement of freight vehicles, except for the case provided for in part 7 of this article, -

shall entail the imposition of an administrative fine in the amount of five hundred rubles.

7. The violation provided for in part 6 of this article and committed in the federal city of Moscow or St. Petersburg -

shall entail the imposition of an administrative fine in the amount of five thousand rubles.

Commentary to Art. 12.16 of the Code of Administrative Offenses of the Russian Federation

1. The objective side of the administrative offense provided for in Part 1 of the commented article is the driver’s failure to comply with the requirements prescribed by road signs or markings of the roadway, except for the cases provided for in Parts 2 - 7 of Art. 12.16 Code of Administrative Offenses of the Russian Federation and other articles of Ch. 12 Code of Administrative Offenses of the Russian Federation. In particular, part 1 of the commented article qualifies the actions of a driver who made a right turn in violation of the requirements of road signs 3.18.1 “Turn right is prohibited” and road markings 1.11 when entering a parking lot, gas station or other territory adjacent to the road, or if the driver violates sign 3.1 “Entry prohibited” and marking 1.11 when leaving such territory.

2. The actions of the driver associated with turning left or making a U-turn in violation of the requirements of road signs or markings form the objective side of the administrative offense provided for in Part 2 of Art. 12.16 Code of Administrative Offenses of the Russian Federation (for example, violation by the driver when carrying out the specified maneuvers of the requirements prescribed by: markings 1.1, 1.3, 1.11, 1.18; road signs 4.1.1 “Move straight”, 4.1.2 “Move right”, 4.1.4 “Move straight or to the right", 3.18.2 "Left turn prohibited", 3.19 "Turn prohibited", 5.15.1 "Traffic directions along the lanes", 5.15.2 "Traffic directions along the lane", 6.3.1 "Room for a U-turn", 6.3.2 "Turning area").

3. Violation by the driver of the requirements of any road sign, resulting in the movement of the vehicle he is driving in the opposite direction on a one-way road, forms the objective side of the administrative offense provided for in Part 3 of Art. 12.16 Code of Administrative Offenses of the Russian Federation (for example, violation of the requirements of road signs 3.1 “Entry prohibited”, 5.5 “One-way road”, 5.7.1 and 5.7.2 “Exit onto a one-way road”).

When applying this rule, it should be borne in mind that, based on the content of clause 8.12 of the Traffic Rules, reversing on a one-way road is not prohibited, provided that this maneuver is safe for road users and, taking into account the current traffic situation, caused by an objective need (for example, avoiding an obstacle, parking). Violation by the driver of the above conditions forms the objective side of the administrative offense provided for in Part 3 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation. According to the same norm, the actions of a driver who reversed onto a one-way road in violation of the requirements of road sign 3.1 “No Entry” should be qualified, and in the case where such a maneuver was performed at an intersection, also under Part 2 of Art. 12.14 of the Code of Administrative Offenses of the Russian Federation (see paragraph 8.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 18).

4. Part 3.1 of the commented article provides for liability for repeated commission of an administrative offense provided for in Part 3 of this article (driving in the opposite direction on a one-way road).

5. The objective side of the administrative offense provided for in Part 4 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation constitutes the driver’s failure to comply with the requirements prescribed by road signs or road markings prohibiting stopping or parking of vehicles, except for the case provided for in Part 5 of the commented article. We are talking about the driver's violation of the requirements of road signs 3.27 "Stopping is prohibited" (stopping and parking of vehicles is prohibited), 3.28 "Parking is prohibited" (parking of vehicles is prohibited), 3.29 "Parking is prohibited on odd days of the month", 3.30 "Parking is prohibited on even days dates of the month" and the requirements of road markings 1.4, indicating places where stopping is prohibited, or markings 1.10, which indicate places where parking is prohibited.

6. The objective side of the administrative offense provided for in Part 5 of the commented article is the commission of an offense provided for in Part 4 of this article in the federal city of Moscow or St. Petersburg.

7. Part 6 of the analyzed article provides for the liability of drivers for failure to comply with the requirements prescribed by road signs prohibiting the movement of freight vehicles, except for the case provided for in part 7 of the commented article. These signs include sign 3.4 “Truck traffic is prohibited.” The sign prohibits the movement of trucks and vehicle combinations with a permissible maximum weight of more than 3.5 tons (if the weight is not indicated on the sign) or with a permissible maximum weight more than indicated on the sign, as well as tractors and self-propelled vehicles. However, this sign does not prohibit the movement of trucks intended for transporting people.

8. The commission of an offense provided for in Part 6 of the commented article in the federal city of Moscow or St. Petersburg forms the objective side of the administrative offense established in Part 7 of this article.

9. The subjects of the offenses provided for in the commented article are drivers of vehicles, their actions are characterized by an intentional form of guilt.

10. When committing violations provided for in Parts 4 and 5 of Art. 12.16 Code of Administrative Offenses of the Russian Federation, .

11. Cases of administrative offenses provided for in the commented article are considered by the head of the State Traffic Inspectorate, his deputy, the head of the center for automated recording of administrative offenses in the field of traffic of the State Traffic Inspectorate, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy (). Cases under Part 3 of the commented article are considered by judges in the case when an official of the State Traffic Inspectorate, to whom the relevant case was received, transfers it to a judge for consideration (). Cases of violations classified under Parts 1 and 2, as well as Parts 4 - 7 of the commented article, are authorized to be considered by State Traffic Inspectorate employees with a special rank (Article 23.3 of the Code of Administrative Offenses of the Russian Federation).

New edition of Art. 12.16 Code of Administrative Offenses of the Russian Federation

1. Failure to comply with the requirements prescribed by road signs or markings of the roadway, except for the cases provided for in parts 2-7 of this article and other articles of this chapter, -