Article 12 16 Code of Administrative Offenses of the Russian Federation cancellation practice. How to avoid punishment for driving in the opposite direction on a one-way road? How is punishment determined?

Article 12.16 of the Code of Administrative Offenses of the Russian Federation with comments and amendments for 2019-2020

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

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 on Article 12.16. Code of Administrative Offenses of the Russian Federation:

1. The objects of this administrative offense are public relations in the field of road safety.

2. Failure to comply with the requirements prescribed by road signs or road markings is covered by Part 1 of this article, with the exception of cases provided for in other articles of Chapter 12 of the Code (Article 12.9, Part 2, Article 12.13, Part 2 and 3 Article 12.14, Part 2 Article 12.15, Part 1 and 2 Article 12.19, Part 1 Article 12.21), as well as Parts 2 and 3 of the commented article.

3. Part 2 of this article provides for increased liability for maneuvering in the form of a left turn or a U-turn in violation of the requirements prescribed by road signs or roadway markings.

4. A road or carriageway along which the movement of vehicles across its entire width is carried out in one direction is a one-way road. Violation by the driver of the requirements of road signs 5.7.1 and 5.7.2 “Exit onto a one-way road” or road sign 3.1 “Entry prohibited”, resulting in driving in the opposite direction on a road intended for one-way traffic, is qualified under Part 3 of the commented article.

5. The subjects of the offense are vehicle drivers.

6. The subjective side is characterized by intentional guilt.

7. Cases of administrative offenses provided for in the commented article are considered by the head of the State Road Safety Inspectorate, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy (Article 23.3). Cases under Part 3 of this article are considered by judges in cases where the specified official, to whom the case of such an administrative offense was received, transfers it to the judge for consideration (Part 2 of Article 23.1). Cases of violations classified under Parts 1 and 2 of this article are also authorized to be considered by employees of the State Road Safety Inspectorate with a special rank (Article 23.3).

Full text of Art. 12.16 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 12.16 of the 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, -
(Paragraph as amended by Federal Law of April 21, 2011 N 69-FZ; as amended by Federal Law of April 5, 2013 N 43-FZ.

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

(Paragraph as amended, put into effect on September 1, 2013 by Federal Law of July 23, 2013 N 196-FZ.

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

(Part additionally included from January 1, 2013 by Federal Law of December 25, 2012 N 252-FZ)
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.

(Part additionally included from July 1, 2012 by Federal Law of April 21, 2011 N 69-FZ)
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, -
(Paragraph as amended, put into effect on June 19, 2015 by Federal Law of June 8, 2015 N 143-FZ.

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.

(Part additionally included from April 19, 2013 by Federal Law of April 5, 2013 N 43-FZ)
____________________________________________________________________
Part 7 of this article (as amended by this Federal Law of April 5, 2013 N 43-FZ) applies from July 1, 2013 - paragraph 2 of Article 36 of the Federal Law of April 5, 2013 N 43-FZ.

____________________________________________________________________
(Article as amended, put into effect on November 21, 2010 by Federal Law of July 23, 2010 N 175-FZ.

Commentary on Article 12.16 of the Code of Administrative Offenses of the Russian Federation

1. The objects of this administrative offense are public relations in the field of road safety.

2. Failure to comply with the requirements prescribed by road signs or road markings is covered by Part 1 of this article, with the exception of cases provided for in other articles of Chapter 12 of the Code (Article 12.9, Part 2, Article 12.13, Part 2 and 3 Article 12.14, Part 2 Article 12.15, Part 1 and 2 Article 12.19, Part 1 Article 12.21), as well as Parts 2 and 3 of the commented article.

3. Part 2 of this article provides for increased liability for maneuvering in the form of a left turn or a U-turn in violation of the requirements prescribed by road signs or roadway markings.

4. A road or carriageway along which the movement of vehicles across its entire width is carried out in one direction is a one-way road. Violation by the driver of the requirements of road signs 5.7.1 and 5.7.2 “Exit onto a one-way road” or road sign 3.1 “Entry prohibited”, resulting in driving in the opposite direction on a road intended for one-way traffic, is qualified under Part 3 of the commented article.

5. The subjects of the offense are vehicle drivers.

6. The subjective side is characterized by intentional guilt.

7. Cases of administrative offenses provided for in the commented article are considered by the head of the State Road Safety Inspectorate, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy (Article 23.3). Cases under Part 3 of this article are considered by judges in cases where the specified official, to whom the case of such an administrative offense was received, transfers it to the judge for consideration (Part 2 of Article 23.1). Cases of violations classified under Parts 1 and 2 of this article are also authorized to be considered by employees of the State Road Safety Inspectorate with a special rank (Article 23.3).

Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3).

Consultations and comments from lawyers on Article 12.16 of the Code of Administrative Offenses of the Russian Federation

If you still have questions regarding Article 12.16 of the Code of Administrative Offenses of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult with the lawyers of our website.

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If a driver, while driving a vehicle, drives against the flow of traffic, he thereby endangers not only his life and health, but also creates a danger for other vehicles that move in accordance with the rules of the road.

Such a malicious violation of traffic rules can lead not only to a head-on collision, but also to tragic consequences. In rare cases, such a maneuver remains without serious consequences, however, it creates nervous tension for road users.

However, the prevention of traffic violations is ensured by the seriousness of the punishment applied to violators.

For driving in the opposite direction, the driver faces administrative liability under Part 3 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation. Moreover, the sanction of the article provides for punishment not only in the form of a fine, but also deprivation of a driver’s license.

In order to receive the minimum punishment and not be deprived of the right to drive vehicles, the driver must know:

• Is traffic on a section of the road limited by a “No Entry” sign in accordance with GOST. That is, the sign must be clearly visible to the driver of the vehicle at least 100 meters before the start of its coverage area;
• the sign is installed in a populated area 25 meters before the coverage area, and outside a populated area - 50 meters;
• if these requirements are not met, then the driver has the opportunity not only to appeal the imposition of an administrative penalty, but also to cancel it completely.

Since recording a violation of the requirements for installing a sign is beneficial only to the driver, it is he who must record the placement of the sign in non-compliance with GOST on video or photo shooting.

If a claim is brought against the driver for driving onto a one-way road, then it is necessary to clarify whether there is a 5.5 “One-way road” sign next to the “No Entry” sign.

If there is no additional sign, then instead of a violation under Part 3.1. Article 12.16 of the Code of Administrative Offenses, liability must arise under Part 1 of this article.

This means a tenfold reduction in fines. In addition, Part 1 does not provide for deprivation of a driver’s license.

In any case, if the driver of the vehicle does not agree with the administrative punishment applied to him for violating traffic rules, then he has the legal right to appeal the decision within 10 days from the date of the decision on the administrative case.

During this period, it can be submitted through the traffic police in order of seniority or at the place of residence to the judicial authority.

What is the penalty for driving on one-way traffic?

Ignoring the requirements of road signs indicating one-way traffic leads to the fact that drivers are subject to administrative punishment not only in the form of a significant fine, but are also often deprived of their driver’s license to drive vehicles.

So, if the driver confines himself to an administrative fine, he will have to pay 5,000 rubles. And in some cases, you can lose your driving license for a period of four to six months.

Drivers who commit the same violation again within a year are subject to deprivation of their driver’s license for the right to drive vehicles for a period of one year.

It should be borne in mind that if the offense was not recorded by a traffic police inspector, but was filmed on a video or photo camera, then a sanction is possible only in the form of a fine for both the first violation and for repetition.

And for violating traffic rules when performing a maneuver in the form of a left turn, the driver will be punished with a fine of 500 rubles, but if the vehicle in the direction of travel was moved into a lane for public transport, then he will have to pay a fine of 1,500 rubles.

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, -

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 on Article 12.16 of the Code of Administrative Offenses of the Russian Federation

1. Road signs (warning signs, priority signs, prohibitory, prescriptive, informational and other signs) (according to GOST 10807-78, GOST R 51582-2000 and GOST 23457-86) are defined by Appendix 1 to the Traffic Rules (as amended Resolution of the Government of the Russian Federation of January 24, 2001 N 67).

The direct object of the offense is road safety, as well as the rules prescribed by road signs or road markings.

2. From the objective side, an administrative offense is characterized by the commission of an action expressed in non-compliance with the requirements prescribed by road signs or road markings. Violation of marking rules can be expressed in the form of hitting broken marking lines, with the exception of changing lanes.

3. From the subjective side, the violation is characterized by guilt in the form of negligence. The subject of the offense is a driver who violates the requirements prescribed by road signs or road markings.

Another comment on Art. 12.16 of the Code of the Russian Federation on Administrative Offenses

1. The object of the administrative offense is road safety, Traffic Rules. The immediate object is the rules prescribed by road signs or road markings.

2. From the objective side, an administrative offense is characterized by the commission of an action expressed in non-compliance with the requirements prescribed by road signs or road markings.

A road sign is an element of traffic organization, designed in accordance with GOST 10807-78 and GOST 23457-86, which is expressed in a prohibition, a warning, a recommendation, and traffic regulations.

Violation of the rules for marking the roadway can be expressed in the form of hitting broken marking lines, with the exception of changing lanes.

As follows from the disposition, liability arises under this article if there are no special rules provided for.

3. From the subjective side, an administrative offense is characterized by guilt in the form of negligence.

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The first part of the article under consideration includes all facts of failure by drivers to comply with the requirements of road markings and/signs, excluding circumstances that are the subject of violations described in other chapters and parts of the Code of Administrative Offences.

This is a whole range of situations in which drivers violate certain signs or do not follow the markings on the road surface:

1. over speed,
2. failure to comply with the rules of priority at intersections,
3. using reverse gear or turning around in places not intended for this purpose,
4. incorrect position of the vehicle on the roadway when driving or driving on pedestrian sidewalks,
5. temporary stop or parking in unauthorized places,
6. non-compliance with the rules for the passage and operation of trucks, as well as the transportation of goods in cities of federal significance (Moscow, St. Petersburg).

Even excluding all of the above situations, there remains a fairly wide range of violations that may form the subject of this part of the commented article. The objective side of the offense in this case lies in the action or, on the contrary, the absence of a necessary action, as a result of which the requirements of road signs or marking regulations are violated.

This, in turn, leads to frequent manifestations by transport police officers and other officials of excessive subjectivity when determining the subject of the violation and sometimes reaching the point of arbitrariness, because they are the ones who must record the violation.

Therefore, such a broad formulation is not always justified and in practice leads to infringement of the driver’s rights (especially if the moment the alleged offense was committed was not recorded by a video recorder or other technical means).

Thus, if you have not complied with the requirements of the signs and/or markings, but this does not fall under the cases that constitute the subject of violation of other articles and chapters, you will have to pay a fine of 500 rubles.

The subject of the offense is the driver who is driving the vehicle at the time of the violation, and the subjective side of the act is characterized by an intentional form of guilt.