Gross traffic violation. What traffic violations can be retaken for: list and fines for them For three traffic violations, you will be deprived of your license

In Soviet times, the most terrible weapon of a traffic police inspector was a hole punch: three gross violations within a year - and you are left without a license, the so-called accumulative system. So the drivers, who had two holes in their coupons, behaved as quietly as possible on the road.

The hole puncher was washed away by the wave of perestroika, but in the 90s a warning card appeared: each violation was assessed with points depending on its severity, and anyone who scored 15 points (the so-called cheating system) became horseless for a year. Then the points were cancelled. But in other countries they exist!

The point system was adopted in Latvia and Norway in 2004, in the Maldives in 2005, in Spain, Romania and the Czech Republic in 2006, in France in 1993 (adjustments were made in 2003). The point system has been in effect for more than ten years in Hungary, Greece, Israel, Ireland, Slovenia, and Germany.

Most often, points are provided only for gross violations. In France there are 40 such types, in Italy, Korea and Malta there are about 30, in Great Britain and Hungary - 20, in Norway only seven. Only pedantic Germans award points for each violation.

The usual list of serious violations: leaving the scene of an accident, driving while intoxicated or refusing a medical examination, driving through a prohibiting traffic light, and seriously speeding. If the punishment already includes deprivation of rights, for example for “drunken drinking,” then no points are awarded.

The validity period of points varies from one year to three. Although in Latvia, points for ordinary violations last two years, and for serious ones - five.

The severity of the punishment varies: from several months to several years of horseless life. In Korea, they are deprived of the opportunity to drive for a day for each point; in Latvia, if you gain 16 points (for beginners - 10), you are excommunicated from driving for a year, and if you gain them again - for life.

In Malta, the points system is only valid for inexperienced drivers. In Great Britain, Latvia and France, the attitude towards drivers is differentiated: there are no concessions for beginners, the law is more severe for them.

Points earned are no longer marked manually: they are entered into databases. In some countries, the driver has the opportunity to view his history.

By the way, penalty points can be worked off. In France, Germany and Hungary, to improve your driving record, you must attend a course of lectures on traffic safety. You cannot attend courses regularly - only once every few years. In South Korea, points are deducted for those who report violations on the road, and this is not called snitching, but active citizenship.

Getting your rights back is not easy. In Poland and Israel they take theory, in Latvia, France and the Czech Republic they also take practice. Moreover, in France, even after successfully passing all the exams, a person first receives a temporary license - as a novice driver. In Germany, an offending driver is tormented to the fullest: in addition to passing exams, he visits a psychologist and writes a special Idiotentest, the official name of which is Medizinisch-Psychologische Untersuchung, “medical-psychological examination.” Of course, all exams are paid.

Does it help? In Italy, after the introduction of such a practice, over two years the number of deaths in road accidents decreased by 20.5%, and those injured by 22%. In Latvia, after a year, the number of accidents decreased by 7%, and deaths in road accidents - by 11%. In the Czech Republic, accident rates decreased by 27% in the first month. True, the first results do not reflect the real picture: drivers get used to new fines, and law-abidingness inevitably decreases.

In our country, the return of the points system has been repeatedly discussed: the last time in 2013 it was proposed by deputy Vyacheslav Lysakov. And now the project has finally been adopted - in the form of changes to the 12th “automobile” chapter of the Code of Administrative Offenses. In the State Duma, the project was represented by Vyacheslav Lysakov and Deputy Head of the Ministry of Internal Affairs Igor Zubov. At the same time, the general, as a justification, said that about 40% of those responsible for road accidents had previously violated the Rules. And Lysakov explained that the points will help effectively deal with chronic offenders, who make up 3-5% of the total number.

So, the new article 12.38 “Systematic violation of the rules of operation, use of a vehicle and control of a vehicle” proposes to deprive of rights for a year and a half for a three-time gross violation within a year. The “credit” year is counted from the moment the decision on punishment for the first gross violation comes into force - that is, ten days after the traffic police or the court makes a verdict.

If a chronic violator turns out to be a person without a driver’s license at all (and this happens!), then he will be fined 10-30 thousand rubles. In this case, the amount accrues is considerable: the fine for the violation itself plus the fine for driving without a license is 5-15 thousand - and a new one for another 10-30 thousand.

Misdemeanors recorded by automatic cameras are not taken into account, since automation, in accordance with Article 4.1 of the Code of Administrative Offenses of the Russian Federation, can only issue fines. Thus, only an inspector who personally recorded a violation and determined that it was the third gross violation in a year has the right to initiate a case under the new article.

Won't this contribute to an increase in the number of bribes? Indeed, with each gross violation the driver will become more willing to reach an amicable agreement with the inspector. And this could again become a problem: as you know, video monitoring of traffic violations in our country was introduced precisely because of widespread corruption in the traffic police.

And another problematic aspect is the long-suffering Chapter 12 of the Code of Administrative Offences. Take a look at the articles of serious violations: why for some are they fined 5,000 rubles and deprived of their rights, while for others you can get off with a 500-ruble bill or even a warning? Wouldn’t it be more reasonable to first put things in order in Chapter 12, conditionally divide offenses according to the severity of the consequences and determine the appropriate punishment for each - and only then introduce a point system?

We hope that during the future discussion of Article 12.38 of the Code of Administrative Offenses, some of the most controversial points will be removed from it. For example, points are awarded for crossing a solid line when turning or turning - after all, this violation may be unintentional if the markings are partially covered with snow or erased. And points “for pedestrians” can certainly lead to the flourishing of corruption, because in megacities there are such loaded zebra crossings that almost any driver can be accused of not providing a path for a pedestrian. Stand in ambush, slow down and extort!

But one way or another, Article 12.38 “for systematic violations” will be adopted this year.

Traffic violations that are classified as gross
Anyone who commits such violations three times in a year is subject to the new Article 12.38 of the Code of Administrative Offenses, according to which they plan to deprive of rights for 1-1.5 years.
Art. Code of Administrative Offenses	Offense	Punishment
Part 3 Article 12.9	Exceeding the speed limit by more than 40, but not more than 60 km/h	fine 1000-1500 rub.
Part 4 Article 12.9	Exceeding the speed limit by more than 60 but not more than 80 km/h	fine 2000-2500 rub. or deprivation of rights for 4-6 months
Part 5 Article 12.9	Speeding by more than 80 km/h	for 6 months
Part 6 Article 12.9	Repeated speeding by 40-60 km/h	fine 2000-2500 rub.
Part 7 Article 12.9	Repeatedly exceeding the speed limit by more than 60 km/h
Part 1 Article 12.10	Crossing a railway crossing outside a crossing, entering a railway crossing when the barrier is closed or closing, or when there is a prohibitory signal from the traffic light or the person on duty at the crossing, stopping or parking at the crossing	fine 1000 rub. or deprivation of rights for 3-6 months
Part 3 Article 12.10	Repeated violation of Part 1 of Article 12.10	disqualification for a year
Part 1 Article 12.12	Driving through a prohibiting traffic light signal or a traffic controller's prohibiting gesture, with the exception of cases of driving beyond the stop line	fine 1000 rub.
Part 3 Article 12.12	Repeated violation of Part 1 of Article 12.12	fine 5000 rub. or deprivation of rights for 4-6 months
Part 2 Article 12.13	Failure to comply with the traffic rules requirement to give way to a vehicle having priority right of passage through intersections	fine 1000 rub.
Part 2 Article 12.14	Turning or reversing in places where such maneuvers are prohibited (except on the highway and violation of the requirements of signs and markings)	fine 500 rub.
Part 3 Article 12.14	Failure to comply with the traffic rules requirement to give way to a vehicle enjoying the right of way	warning or fine of 500 rubles.
Part 4 Article 12.15	Driving into the oncoming lane in violation of traffic rules	fine 5000 rub. or deprivation of rights for 4-6 months
Part 5 Article 12.15	Repeated violation of Part 4 of Article 12.15	deprivation of rights for a year, in case of recording by cameras - a fine of 5,000 rubles.
Part 2 Article 12.16	Turning left or making a U-turn in violation of the requirements prescribed by road signs or markings	fine 1000-1500 rub.
art.12.18	Failure to comply with traffic regulations to give way to pedestrians and cyclists	fine 1500 rub.

In Malta, the points system is only valid for inexperienced drivers. In Great Britain, Latvia and France, the attitude towards drivers is differentiated: there are no concessions for beginners, the law is more severe for them. Points earned are no longer marked manually: they are entered into databases. In some countries, the driver has the opportunity to view his history. By the way, penalty points can be worked off. In France, Germany and Hungary, to improve your driving record, you must attend a course of lectures on traffic safety. You cannot attend courses regularly - only once every few years. In South Korea, points are deducted for those who report violations on the road, and this is not called snitching, but active citizenship. Getting your rights back is not easy. In Poland and Israel they take theory, in Latvia, France and the Czech Republic they also take practice.

A complete list of traffic violations for which a driver’s license will be revoked in 2018-2019

• do not drive drunk;
• do not transfer control of the vehicle to third parties if they are not specified in the contract;
• do not drive the car yourself if you do not have the right to do so;
• do not drive a car during periods not specified in the text of the contract;
• not intentionally cause harm to third parties;
• do not hide the circumstances of the accident in order to obtain a larger insurance premium.
Thus, a compulsory motor liability insurance policy must be taken out without fail, and in no case is it recommended to allow situations that may be considered a gross violation, due to the fact that in the future there may be a significant increase in the cost of the compulsory motor liability insurance policy, as well as more serious consequences.

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Info

Increasing coefficients for compulsory motor liability insurance for traffic violators have become known (preliminary for now)2016-02-05T13:43:23+00:00 Compulsory motor liability insurance news As I wrote earlier, in 2016 it is planned to introduce increasing coefficients when calculating the cost of compulsory motor liability insurance for traffic violators. Work in this direction is underway and the first concrete proposals have already been made. NAAC (Independent Actuarial Information and Analytical Center), commissioned by the Russian Union of Motor Insurers, calculated the increasing coefficients.

They can form the basis of new amendments to the law on compulsory motor liability insurance. NAAC has prepared two proposals: one provides for an increase in the cost of compulsory motor insurance only for gross traffic violations (this option, according to the Vedomosti newspaper, is supported by the insurers themselves), the other takes into account all traffic violations by drivers over the last year (but in this case, the increasing coefficients are smaller).

Deprivation of rights for three traffic violations

Article Description of the offense Type of punishment Driving without a license. signs Article 12.2 Part 2 Driving a vehicle without state registration plates, as well as driving a vehicle without state registration plates installed in the places provided for this, or driving a vehicle with state registration plates modified or equipped with the use of devices or materials that impede the identification of state registration plates registration plates or allowing them to be modified or hidden. Read about liability and judicial practice regarding deprivation of rights for driving without license plates in the corresponding article at the link.

Traffic police fine table 2018 and other penalties

Driving a vehicle on which devices for producing special light or sound signals (with the exception of security alarms) are installed without appropriate permission will result in deprivation of the right to drive vehicles for a period of one to one and a half years with confiscation of these devices. Art. 12.5 Part 5 Use of devices for giving special light or sound signals (with the exception of security alarms) when driving a vehicle, installed without appropriate permission, deprivation of the right to drive vehicles for a period of one and a half to two years with confiscation of these devices. Art. 12.5 hours

Gross violations of traffic rules are a reason for the rise in the cost of insurance

In our country, the return of the points system has been repeatedly discussed: the last time in 2013 it was proposed by deputy Vyacheslav Lysakov. And now the project has finally been adopted - in the form of changes to the 12th “automobile” chapter of the Code of Administrative Offenses. In the State Duma, the project was represented by Vyacheslav Lysakov and Deputy Head of the Ministry of Internal Affairs Igor Zubov.

Important

At the same time, the general, as a justification, said that about 40% of those responsible for road accidents had previously violated the Rules. And Lysakov explained that the points will help effectively deal with chronic offenders, who make up 3-5% of the total number. So, the new article 12.38 “Systematic violation of the rules of operation, use of a vehicle and control of a vehicle” proposes to deprive of rights for a year and a half for a three-time gross violation within a year.

For three traffic violations, your license will be revoked.

Exceeding the speed limit by more than 60, but not more than 80 km/h, fine 2000-2500 rubles. or deprivation of rights for 4-6 months, Part 5, Article 12.9. Exceeding the speed limit by more than 80 km/h, fine 5,000 rubles. or deprivation of license for 6 months, part 6, article 12.9 Repeated speeding by 40-60 km/h fine 2000-2500 rubles. Part 7, Article 12.9 Repeated speeding by more than 60 km/h, deprivation of license for a year, if recorded by cameras - a fine of 5,000 rubles. Part 1 Article 12.10 Crossing a railway crossing outside a crossing, entering a railway crossing when the barrier is closed or closing, or when there is a prohibiting signal from the traffic light or the person on duty at the crossing, stopping or parking at the crossing, a fine of 1000 rubles. or deprivation of rights for 3-6 months, part 3, article 12.10 Repeated violation of part 1, article 12.10 deprivation of rights for a year, part 1, article 12.12 Driving through a prohibiting traffic light signal or prohibiting gesture of a traffic controller, with the exception of cases of driving beyond the stop line, fine 1000 rub.

What traffic violations are considered gross?

Repeated violation of Part 1 of Article 12.12 fine of 5,000 rubles. or deprivation of rights for 4-6 months, Part 2, Article 12.13 Failure to comply with the traffic rules requirement to give way to a vehicle enjoying the right of way through intersections, a fine of 1000 rubles. Part 2 Article 12.14 Turning around or reversing in places where such maneuvers are prohibited (except for highways and violation of signs and markings) fine 500 rubles. Part 3, Article 12.14 Failure to comply with the traffic rules requirement to give way to a vehicle enjoying the right of way, a warning or a fine of 500 rubles. Part 4, Article 12.15 Driving into the oncoming lane in violation of traffic rules, fine 5,000 rubles. or deprivation of rights for 4-6 months, Part 5, Article 12.15 Repeated violation of Part 4, Article 12.15, deprivation of rights for a year, if recorded by cameras - a fine of 5,000 rubles. Part 2 Article 12.16 Turning left or making a U-turn in violation of the requirements prescribed by road signs or markings fine 1000-1500 rubles.
Turning/turning in places prohibited by signs or markings; (Article 12.16 part 2) Turning left or making a U-turn in violation of the requirements prescribed by road signs or markings of the roadway; (Article 12.18) Failure to provide priority in traffic to pedestrians or other road users Will repeated violations of traffic rules from photo and video cameras be taken into account? The bill clearly states that liability for repeated violations of traffic rules will not extend to violations recorded by photo and video recording. A fine and deprivation of rights will be imposed only if there are protocols.
The “credit” year is counted from the moment the decision on punishment for the first gross violation comes into force - that is, ten days after the traffic police or the court renders a verdict. If a chronic violator turns out to be a person without a driver’s license at all (and this happens!), then he will be fined 10-30 thousand rubles. In this case, the amount accrues is considerable: the fine for the violation itself plus the fine for driving without a license is 5-15 thousand - and a new one for another 10-30 thousand.
Misdemeanors recorded by automatic cameras are not taken into account, since automation, in accordance with Article 4.1 of the Code of Administrative Offenses of the Russian Federation, can only issue fines. Thus, only an inspector who personally recorded a violation and determined that it was the third gross violation in a year has the right to initiate a case under the new article.

Each driver violated traffic rules. These could be minor deviations from the rules or significant acts. Depending on their severity, the citizen driving the vehicle must bear certain responsibility. At the same time, for each violation, regulations provide specific penalties.

What responsibility is a driver subject to for violating traffic rules and what are the consequences of violating traffic rules? What are administrative and criminal liability for violating traffic rules, what is their essence and what sanctions apply to the driver for each type of liability? We will answer these questions in this article.

What responsibility does a driver have for ignoring traffic rules?

There are several types of liability for violating traffic rules. The main legal acts by which they are regulated are the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses), Criminal, Civil and Labor Codes. Their provisions classify the driver's responsibilities as follows:

• administrative;
• civil;
• disciplinary;
• criminal

The punishment is assigned in accordance with the severity and type of violation. Each type of responsibility has certain characteristics.

Administrative responsibility

Administrative liability is regulated by Articles 12.24 and 12.8 of the Code of Administrative Offenses of the Russian Federation. The driver is subject to certain sanctions in accordance with them for neglecting traffic rules and instructions for using a vehicle, committed in conjunction with the following acts:

• Causing minor harm to human health. In this case, the violator is obliged to pay a fine of 2,500 - 5,000 rubles or refuse to drive a car for a period of 12 to 18 months.
• Causing moderate harm to human health. The driver is subject to a fine of 10,000 - 25,000 rubles or his license is confiscated for 1.5-2 years.
• Driving while drunk. There are several types of acts related to this item. Depending on their characteristics, the driver is subject to a fine (from 30,000 to 50,000 rubles), deprivation of rights (from 1.5 to 3 years) or administrative arrest (10 to 15 days).

Note! Liability for harm to the health of the victim is influenced by the fact of leaving the place where the accident occurred. If the inspector believes that there is alcohol intoxication, he must prove it.

Sanctions for administrative offense

The following administrative penalties may be applied to the driver:

• Warning.
• Administrative fine.
• Restricting access to driving.
• Administrative arrest not exceeding 15 days.
• Confiscation of equipment with which the vehicle is equipped illegally.

Note! Imposing a fine or issuing a warning is within the competence of the traffic inspector. The decision to confiscate a vehicle, deprive of rights to it, or arrest the offender is made by the court.

Civil responsibility

A driver who causes harm to a person as a result of traffic violations must compensate him for the damage. This is the peculiarity of civil liability. If the person driving the car at the time of the accident cannot be punished for the act due to incapacity or other reason, responsibility for the incident lies with those who are responsible for it.

Civil liability implies compensation for damage to moral, property or related to human life and health. This point is regulated by Article 1079 of the Civil Code of the Russian Federation.

Note! Before a car driver is punished, his guilt must be proven. If an accident is the result of force majeure (natural disaster or other incident) or the actions of the victim, then he avoids punishment.

Disciplinary responsibility

This type of liability threatens a driver who works for a transport organization. Penalties are assigned directly by the employer for violation of discipline. Depending on the fault of the vehicle operator, he may be reprimanded, reprimanded, or his employment contract may be terminated. The basis for such actions is Article 192 of the Labor Code of the Russian Federation.

Criminal liability

According to Article 264 of the Criminal Code of the Russian Federation, a driver who drives any vehicle and violates traffic rules or instructions for its operation is subject to criminal liability under the following circumstances:

• Causing serious harm to human health. In this case, a sober driver faces imprisonment for 2 years, and a drunk driver for 4 years. Each of them may be restricted from driving for 3 years.
• Fatal accident (1 person killed). The driver is deprived of his license for 3 years. If he was sober, he will be imprisoned for no more than 5 years. If the fact of alcohol intoxication is recorded, the term may increase to 7 years.
• An accident that resulted in the death of 2 or more participants in the incident. The driver's license will be revoked for 3 years. If he was sober at the time of the collision, he will be imprisoned for up to 7 years. A drunk driver may be imprisoned for a longer period (up to 9 years).

Note! Criminal liability is also provided for leaving the scene of an accident with victims (Article 125 of the Criminal Code of the Russian Federation). The most severe punishment in this case is restriction of freedom for a period of 1 year. However, liability for a criminal offense can only be established by a court after considering the case.

Why is a driver deprived of his license?

The driver is punished by deprivation of his license for a criminal or administrative offense. In the first case, it causes harm to life and health. The list of administrative offenses is longer. These include:

• The car owner is driving while drunk.
• Entrusting the driving of a vehicle to a drunk person.
• Refusal of an assigned medical examination.
• Neglecting the speed limit.
• Driving into the oncoming lane.
• Operating a vehicle without registration plates.
• Incorrect handling of lighting devices provided for by the design of the vehicle.
• Ignoring the standards required for the transportation of large cargo.

If the driver ignores the inspector's warning and commits any offense again, he is also deprived of the right to drive a vehicle.

Note! Confiscated licenses are stored in the traffic police for no more than 3 years. If you do not pick them up on time, they must be disposed of. The driver will have to take the exam again to receive them.

Conclusion

Even the most attentive driver is not immune from traffic violations, which will result in liability. At the same time, he will have the opportunity to prove his innocence. Otherwise, responsibility for the committed act cannot be avoided.