How to avoid deprivation of your license for driving into the oncoming lane? Theory of everything Article 12 15 paragraph 1.


Every driver knows that every move into oncoming traffic is dangerous. However, not everyone knows what needs to be done in order to avoid punishment for this offense.

The oncoming lane is the most dangerous section of the road, since when entering it, traffic accidents can occur.

Practice shows that in such situations, cars move towards each other twice as fast, because the speed doubles, and that is why there is catastrophically little time to make the right decision.

Looking at all the terrible situations, it becomes clear why this traffic rule belongs to the group of the most dangerous offenses. In addition, for a violation, the driver will be required to pay a large fine, and if the violation is even more serious, he may lose his right to drive a car.

If a stop occurs for violating Article 12.15 and the inspector leads to the threat of deprivation of rights, however, you are sure that he is wrong, then you need to look at an example of how you can get out of such a situation.

First of all, study in as much detail as possible the protocol drawn up by the traffic police officer, since on the basis of it the right to drive a vehicle will be deprived.

If you have objections to the presentation of a violation or for other reasons, indicate this in the protocol. During the trial, this will be excellent evidence, perhaps even the main one.

An excellent option to confirm the need for action is to photograph or videotape the road conditions under which the driver entered the oncoming lane and other facts that can confirm that the driver was right.

After the violation report has been drawn up and the driver has received a copy of it, he has 10 days to appeal. However, if for some reason he was unable to file an appeal within these days, for a valid reason he can submit an application to restore the deadline to the judicial authority.

The main thing you need to pay attention to is the search for evidence and a qualified lawyer, since only a court can make a decision on deprivation of the right to drive a vehicle.

There are the following mitigating circumstances in these situations, which are provided for in Art. 4.2 Code of Administrative Offences:

  • If a person committed a traffic violation at a moment of emotional unrest, which was caused by tragic events in life - death of relatives or friends, illness, etc.;
  • If the driver repents of his crime;
  • Good reputation (a positive reference from the place of work is required) and a good driving history, namely the absence of previously committed administrative offenses;
  • Feeling unwell or pregnant at the time of the violation (medical confirmation required);
  • If the driver admits his guilt. This may work if he has not previously been in police custody as an active offender and can prove that the move into oncoming traffic was unintentional. The need to drive into oncoming traffic can be caused by poor road conditions, snow-covered markings, or if parked cars limited the ability to maneuver in their lane.

However, it is worth remembering that Art. 2.7 of the Code of Administrative Offenses of the Russian Federation states that driving into the oncoming lane may not be considered a violation if it was caused by an emergency to prevent an emergency situation.

In addition, when preparing for court proceedings, request through the court a draft or traffic management plan with all the signs and markings on the section of the road where the offense occurred. This will help to comprehensively consider the situation and make the most objective decision.

A big role in this moment is played by the terrain, the maintenance of roads and their repair and documentary evidence of their conditions.

Buildings, the presence of various vegetation on the road, construction and vehicles and their impact on the road situation are relevant to the subsequent adoption of an appropriate decision.

There are excellent ways to refute the information of a traffic police officer and confirm your own. To do this, during legal proceedings, provide basic mathematical calculations that can confirm the current situation on the road section.

They will only once again confirm the linear, temporal and other parameters, as well as the distance based on the actual circumstances of the event.

Thanks to this, there will be a greater chance of convincing the judge that the offense committed was minor. Moreover, in accordance with Part 1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation, such situations confirm the need and condition for driving into the oncoming lane.

Penalty for repeatedly driving into oncoming traffic

There is a penalty for repeated commission of this offense. It could be like this:

  • Part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation states that if a driver repeatedly commits a violation of entering a one-way lane and moves in the opposite direction, he faces deprivation of his right to drive a vehicle for a period of one year;
  • Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation states that if a driver drives into oncoming traffic or onto tram tracks in the opposite direction, he faces two outcomes. The first is deprivation of the right to drive a vehicle for a period of one year. The second is that if an administrative offense is recorded using special technical means that operate automatically and take photographs and video, you face a fine of up to 5,000 rubles.

That is why repeated entry into the lane of oncoming traffic, onto tram tracks in the opposite direction, or when moving on a section of road with a one-way direction in the opposite direction, leads to the following possible consequences:

  • Deprivation of the right to drive a vehicle for a period of one year;
  • In order to get your license back, you need to pass a theoretical exam on your knowledge of the traffic rules of the Russian Federation.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

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System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

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This paragraph combines a whole range of traffic violations associated with taking an incorrect position on the roadway. The rules require occupying one or another part of the road depending on the type of vehicle, speed, maneuver performed and other factors. One of the main terms appearing in the definition of the subject of the offense is"roadside" .

This is a section of the road to the right of the roadway, located at the same level as it, but having a different surface and marked with appropriate markings. This zone is intended for stopping and parking, but movement through it is permissible if the width of the roadway or intersection does not allow for a U-turn from the extreme left position.

What other situations can be classified as violations of the rules for placing a vehicle on the road?

  1. If there is a reversible lane marked with special markings (two intermittent lanes on the right and left), entry to it when the individual traffic light is turned off is prohibited. If such a section of the road is on a three-lane roadway, then it is intended for use by traffic participants in both directions only for maneuvers (if you need to overtake the vehicle in front or go around an obstacle, turn left or turn around to move in the opposite direction).
  2. If there are rails on the roadway along which the tram moves in the same direction, then drivers must drive onto them to make left turns and U-turns.
  3. If there is a braking lane on the road, then you can reduce the speed only after the car has changed lanes to it. The same applies to the acceleration area: you need to pick up speed in this zone and when entering the main road, give way to the cars following it.
  4. When driving on highways and highways outside populated areas, you should occupy the far right lane (that is, if you occupy the left when there is no one on the right, this will be considered a violation).
  5. In heavy traffic, it is prohibited to change lanes without reason. You cannot simply maneuver between the rows, overtaking cars driving in front of you: this is only allowed if you want to make some kind of maneuver or go around an obstacle.
  6. After making a turn and/or U-turn, you must take the extreme right position so as not to interfere with traffic flows traveling in other lanes at higher speeds.
  7. If traffic flows in the same direction are separated by markings, cars must move at the intervals indicated by them and cross the lanes only for maneuvers.

Another group of violations that are the subject of this paragraph of the article under consideration is associated with interfering with organized columns of people or vehicles. It is prohibited to wedge between cars following in the established order or break up such a column when leaving an adjacent or crossing road.

For each of the above offenses related to violation of the rules regarding the position of the vehicle on the road, administrative fine in the amount of 1500 rubles.

Article 12.15.

Violation of the rules for positioning a vehicle on the roadway, passing oncoming traffic or overtaking

Information about changes:

1.1. Failure by the driver of a slow-moving vehicle, a vehicle transporting large cargo, or a vehicle moving at a speed not exceeding 30 kilometers per hour, outside populated areas, to comply with the requirements of the Road Traffic Rules to allow vehicles following him to pass in order to overtake or get ahead of him -

2. Driving on bicycle or pedestrian paths or sidewalks in violation of the Traffic Rules -

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

3. Driving, in violation of the Traffic Rules, into a lane intended for oncoming traffic when going around an obstacle, or onto tram tracks in the opposite direction when going around an obstacle -

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

4. Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for in Part 3 of this article, -

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.

5. Repeated commission of an administrative offense provided for in part 4 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

Traffic rules prohibit entering a road lane or tram track that is designed for movement in the oncoming direction.

The exceptions are the situations listed in the third part of the article.

The penalties in accordance with this administrative offense are:

  • imposition of a fine in the amount of five thousand rubles;
  • confiscation of a driver's license for a period of four to six months.

In most cases, in such a situation, according to this article, a protocol is drawn up if the driver has carried out certain actions.

The steps are as follows:

  • the driver has crossed a double continuous line of road markings;
  • broke one continuous line;
  • overtook on a section of the road, not paying attention to a sign that prohibits such an action;
  • drove onto the tram rails, which are intended for oncoming traffic;
  • was driving in the wrong direction on a one-way road where oncoming traffic is absolutely not expected.

The exception is those cases in which the rights of violators are protected by experienced lawyers who know the intricacies of automobile law. Sometimes crossing a road marking is motivated by the need to avoid an obstacle. In this case, the deprivation of rights is assessed as groundless; an automobile law lawyer will be able to provide assistance in reclassifying the case under another article.

The application of an administrative penalty is unlawful if a motorist was noticed in the lane for driving in the opposite direction on a section of the roadway where there are no markings. This also applies to those lines that cannot be identified due to heavy snow drifts.

Professional lawyers who understand automobile law build a protective process in such a way as to convert the qualification of the case to Article 12.16 when the rules provided for by road signs and markings are not followed. In this case, the driver is given a warning or a fine of 500 rubles.

If the driver decided to overtake on a section of the road where the marking line is intermittent, and left in a place where it is continuous, such actions by State Traffic Inspectorate officers are considered in accordance with the first part of Article 12.16: in particular, confiscation of rights for driving under a brick is provided.

When lawyers get involved

Often, lawyers undertake to help drivers who have entered the oncoming lane in only two cases.

First case

If an employee of the State Traffic Inspectorate, in the course of bringing the offender to justice, made significant errors regarding procedural legislation. We are talking about changes to the algorithm for bringing to justice, as well as serious violations related to filling out documents.

It seems possible to determine which, in fact, actions were taken incorrectly only after carefully familiarizing yourself with the materials of this administrative case.

Moreover, it is possible to discover significant procedural errors that are not reflected in the case materials during the court hearing, when testimony of witnesses, recordings of dashcam cameras and testimony of witnesses are presented.

Lawyers argue that today there are also a number of other, no less effective ways to justify the offender in a given case.

Second case

If the owner of the car is initially innocent of the administrative violation charged to him. In particular, when the driver did not overtake. In this case, lawyers similarly need to familiarize themselves with the case materials and determine all the important circumstances.

In order to obtain the expected positive outcome of the case, it is necessary to follow a certain procedure for transferring the case for legal assistance.

The order is as follows:

  • If the alleged offender's case has already been referred to a higher court, but the hearing date has not yet been determined or there are about three days left until the hearing, do not worry: all is not lost. In this case, lawyers recommend filling out a petition () for familiarization with the case materials, which must be prepared in two copies. If the hearing date has already been set, and there are less than three days left before the hearing, you need to fill out a motion to postpone the case ().
  • You must then submit the prepared petition to the judge. In the first option, this can be done through the office, in the second - directly during the meeting. Both options require immediate transfer of case materials.
  • The received materials must be photographed and transferred to professional lawyers.
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