Temporary overtaking sign is prohibited where roads are being built. All about overtaking, overtaking rules


Road safety in 2017 is determined by many reasons. It is important to take into account traffic rules, danger and situation. The driver must also carefully monitor the situation. Failure to comply with overtaking rules is the most common cause of accidents. Often fatalities on the road result from a head-on collision, which is only possible when one of the cars leaves its lane. Today, many highways have four or more lanes with dividers. On them, traffic safety practically increases. There are fewer accidents on such roads, and the mortality rate is lower.

This allows us to say that following the rules for overtaking a passing vehicle is very important. You can only overtake on a motorway divided by multidirectional lanes. In addition, there should not be any prohibiting road signs or markings that do not allow crossing on the road. You can only overtake on the left side. But if overtaking is done on the right, then this is a gross violation of traffic rules, for which the driver will be fined.

Crossing a single or double solid marking line

Such a violation in 2017 is punishable very severely. You should be aware that this offense is driving a car into the oncoming lane when there are prohibiting road signs. This type of violation has become the scourge of fatal accidents today. That is why the punishment for it is very harsh. But there are some nuances:

Crossing a continuous marking line and driving a vehicle into oncoming traffic is punishable by a fine of 5 thousand rubles;

In more aggravating circumstances: a collision with a pedestrian or an accident, the driver will lose his license for 6 months;

But the law says that a motorist can cross a continuous road if his life or the lives of other people are in danger;

It is allowed to turn the car around the solid line and cross if, after an accident, it is necessary to urgently take the person injured in the accident to the hospital;

It is prohibited to overtake even a slowly moving car.

Prohibition of overtaking a vehicle with the turn signal on

For some reason, many people forget about this overtaking rule. First, it is a ban on overtaking a vehicle in front whose left turn signal is on. In this case, the overtaking maneuver and the resulting accident will entail the imposition of a fine on the driver in the amount of 5,000 rubles. It is also prohibited to overtake in the following situations:

If the car behind has turned on the left turn signal and can overtake;

If a car is driving in the opposite direction;

If there is little room for maneuver;

If the driver doubts the correctness of the decision.

Other vehicle violations of overtaking rules

In addition to the markings and road sign “Overtaking is prohibited,” there are several situations reflected in the law. If the markings on the road are not visible, then the driver must understand that in this case it is impossible to overtake. For such a violation, he can be fined in the amount of 5 thousand rubles or deprived of legal rights for up to 6 months. In order not to run into trouble, the driver must remember the following:

Overtaking is prohibited at intersections;

You cannot overtake at a zebra crossing;

You cannot overtake other vehicles one hundred meters before a railway crossing or right on it;

It is prohibited to overtake on sharp turns;

We must forget about overtaking vehicles on bridges or overpasses.

How can you challenge a penalty for illegally overtaking a car in front?

In 2017, auto lawyers can challenge a fine or more severe punishment. This kind of help will be especially relevant for those who find themselves in an unpleasant situation and end up in prison due to traffic violations. Since the roads in our country are far from perfect, you can, if you wish, find a lot of serious arguments, if not for canceling, then for mitigating the punishment:

The markings on the road were not visible, which was the reason for the violation;

The road sign was installed in the wrong place;

A passing car was standing or driving very slowly;

At the time of the violation, the driver was providing emergency assistance to victims of the accident;

The violation occurred to prevent a collision from occurring.

Evidence may include photographs or videos from the scene of the violation.

Bottom line

If a motorist violated traffic rules in 2017, and traffic police officers issued him a report, then he needs to go to court. But if it turns out that the driver is guilty, then no court will help him.

Reading time: 3 minutes

Every driver will immediately tell you that the most dangerous action that you have to constantly perform if you want to arrive on time is overtaking. In 2018, for overtaking under a prohibitory sign “Overtaking is prohibited” you can rarely get away with a regular fine, and if you commit a repeated violation, withdrawal of your license is inevitable. We complain about the strictness of the rules, forgetting that for such a violation you can pay much more: with a car, health, or life.

Overtaking or getting ahead

According to the Rules, overtaking is the advance of one or more vehicles, accompanied by driving into the oncoming lane. The definition does not indicate whether the overtaken vehicle is moving or standing still. This means that you must also drive around stationary obstacles in accordance with the overtaking rules.

Also, according to this definition, a maneuver where you change lanes from the right to the left to get ahead of another car, and then go back, is not overtaking.

Overtaking rules

The main principle that must be adhered to when overtaking, and on the road in general, is the principle of safety.

Before you begin any maneuver, you must ensure that it is possible to do so and that you will not interfere with another driver by your actions.

In practice it looks like this:

  • make sure that cars directly behind and in front of you do not overtake; if one of them gives a left turn signal, you need to wait for that maneuver to finish.
  • make sure that the lane you are about to enter is clear, and that you will have time to overtake the car in front and return safely back to your lane;
  • after that, you can give a turn signal and begin to smoothly change lanes;
  • increase the speed and overtake the car with a “margin” so as not to interfere with its movement;
  • The overtaken vehicle at this time has no right to interfere with you, for example, to increase speed;
  • If the distance between you and the car behind is sufficient, you can slow down and continue driving at the speed of the flow.

Naturally, the maneuver is only possible on those sections of the road where it is not prohibited.

When you can't overtake

If you see that the track conditions do not allow you to correctly assess the situation, it is better to refrain from the maneuver. The rules provide for the following conditions when overtaking is prohibited:

  • at pedestrian crossings;
  • 100 meters before and 100 meters after railway crossings;
  • at intersections, for those driving on a secondary road;
  • in tunnels, on bridges, in overpasses, on overpasses, and also under them;
  • where it is impossible to see the road - on slopes and turns.

The prohibition of this maneuver is indicated by a solid marking line on the road and the corresponding “Overtaking is prohibited” sign. It works:

  • to the nearest intersection marked with a “Crossroads” sign in the populated area; adjacent minor roads do not count;
  • or before leaving the populated area, if there are no intersections;
  • or to a sign lifting the ban - on a country road.

There are exceptions to this rule; you can overtake the following vehicles:

  • low-speed (with a special sign), whose characteristics do not allow a speed of more than 30 km/h;
  • horse-drawn carts;
  • two-wheeled motor vehicle.

In all other cases, violation of the ban is punishable by at least a fine.

Please note that intermittent markings in the sign's coverage area do not cancel its effect, since it does not have a priority value.

When and how much can you be fined?

Traffic police fines for overtaking under a prohibiting sign vary greatly in size: their value depends on the circumstances under which the violation was committed. There may be several options.

The largest fine for a “No Overtaking” sign is for overtaking a moving vehicle. The penalty amount is five thousand rubles, but if desired, the inspector has the right to deprive you of your driver’s license for 4-6 months. If you repeat the “feat” within one year, you are guaranteed to remain without a license for another year.

A penalty for a “No Overtaking” sign can be obtained by driving around a stationary obstacle in the oncoming direction, for example, a car in need of repair, provided that it was possible to drive around the obstacle on the right. This possibility is almost always available.

If the road has two lanes in each direction, you need to change lanes from the left to the right lane to get around. And if there is only one lane, you can also go around the obstacle on the right - along the side of the road. The fine for driving around a stationary obstacle is 1000-1500 rubles.

If you started ahead on a highway with intermittent markings, and completed it under the sign “Overtaking is prohibited,” you will not face a fine, since the sign prohibits only the beginning of the maneuver (entering the oncoming lane) and not its continuation or completion. You can read about it here.

No overtaking: Video

It is important to know in what cases you can overtake overtaking is prohibited under the sign and how to avoid becoming a traffic violator.

According to the new rules, in the coverage area of ​​the sign prohibiting overtaking 3.20, you can get ahead and overtake some slow-moving vehicles, as well as motorcycles without sidecars, and horse-drawn vehicles.
An important innovation is that all overtaking that is carried out without entering the oncoming lane is not overtaking. Now such movement maneuvers are called advance.

“Advanced” is the movement of a vehicle at a speed greater than the speed of a passing vehicle.

Even if there is a 3.20 sign prohibiting overtaking on a four-lane road (two in each direction), overtaking is possible if you do not enter the oncoming lane!

If the road has one lane for traffic and the 3.20 sign is installed, then only slow-moving vehicles can be overtaken. However, this is where the catch and the opportunity to deceive drivers is hidden.


According to the rules, a slow-moving vehicle must have a special sign in the formequilateral triangle, with a special red coating, as well as a yellow or red reflective border.

A similar sign is installed on the rear of vehicles for which the maximum speed is limited to 30 kilometers per hour by the manufacturer. This sign was legalized in 1993, its description is present in the “Basic Provisions” governing the admission of vehicles to operation.

That's why no overtaking sign, only possible if the machine or tractor has a red triangle. Otherwise, the driver may be deprived of his license for four to six months.

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Flipper (20.08.2011 00:17:18)
No matter how much I drove on the roads, I never saw signs of slow moving vehicles. Probably the sign is only in regulatory documents.

Michael (03.09.2011 23:09:00)
And if, for example, in court they ask for information about whether the tractor is a slow-moving tractor (there was no slow-moving sign on the tractor), which I overtook in the prohibited zone. Do you think this will help get your rights back?

dalnoboishik (09.10.2011 21:29:50)
Somewhere in the forest a bear died! And most likely, somewhere the lady has a furry paw + a smart lawyer. The fact is that magistrates have an unspoken policy: to punish drivers for traffic violations as harshly as possible.

Timur (17.04.2012 20:58:55)
I overtook a passenger car (it was without special signs, a low-speed vehicle without a sign - in short, an ordinary light car) in front of which a group of cyclists was riding - they were all traveling together at a speed of about 20-25 km/h. In the area of ​​the 3.20 sign there was an intermittent lane (and there were only two lanes - one in the opposite direction, the other along which I was driving). Traffic police officers filmed me from behind, of course, caught up with me and stopped me. They began to rub in deprivation. Well I say, I agree, I violated. Why, I ask, don’t you penalize cars accompanying cyclists, they drive slowly and the driver doesn’t put up a quiet sign. They responded: he can go faster, that’s why there is no such sign. My answer is: they should hang such a sign, taking into account the specifics of the work. Moreover, cyclists with such cars very often ride on this section.

Timur (17.04.2012 21:04:20)
And in general, I have been driving cars for 16 years and have never seen a low-speed transport sign on any vehicle. And the gays are always right there. This is vile. Then it is also necessary to deprive the rights of those who should hang such a sign and do not hang it. And the fact that our cyclists ride in three or four rows doesn’t bother the gays either. In short, the traffic police reform remained a bluff. They take it as they took it. They just do it more carefully. 1 t.r. was the price of my argument with the guy.

T45 (17.04.2012 21:10:14)
And in general, there is no reason for cyclists to organize training on the roads for general traffic. They are kamikazes, and not only that, they also breathe carbon monoxide. This all happened in Adygea, in the area from Maykop to the village. Kamennomostsky, every summer cyclists from all regions come here to train, they’re already fucking gored.

Timur (17.04.2012 21:16:08)
It is precisely the fact that they cannot be overtaken anywhere (well, without creating an emergency situation) that leads to traffic jams and nervousness of drivers and emergency situations. And if it were possible, everyone would calmly overtake (in the absence of oncoming traffic and so that the road is visible) and everything would be ok. No, only in our country everything is not for people)

Semyon (25.02.2013 22:42:27)
Situation: on the outskirts of the city, but not outside the city, the road has one lane in both directions. The width of the road completely allows you to get ahead of a passing vehicle without entering the lane of oncoming traffic. Would it be a violation to outpace a passing vehicle? , if this happened in the area of ​​the sign - overtaking is prohibited?

AutoRightProtection (26.02.2013 09:33:31)
If there are markings on the road and the advance occurs without crossing them, then there is no violation.

raif (28.03.2015 21:13:35)
The slowness of a vehicle is determined by the technical characteristics, and not by the presence of some kind of sticker. If, figuratively, you install a sticker on any vehicle, this will not stop the inspector from drawing up a protocol, with explanations that the court will sort it out. And in this case, with the help of the traffic police it will be proven that that this is not a slow-moving means, and therefore deprivation. Why, as a result of an unpunished violation by one, another, innocent driver suffers. Why are traffic regulations written by deputies who are far from real life (who are not too lazy), and thousands of drivers suffer. All this happens along the chain, in traffic police plan at any cost (personal interests with impunity), the magistrate's court - there is no reason not to trust the protocol, the report of the ideal traffic police officers. Yes, 2-3 hours before the trial, a call follows, and for 20-30,000 rubles.., they promise you make a fine of 5000 rubles. Well, if you don’t agree, the court will deprive you of your rights, since each of us will have at least one violation of the speed limit in a year. And they start walking where there shouldn’t be anything.

Vorkuta (03.03.2017 01:09:37)
I overtook a training car with a 3.20 sign without a 1.1 marking. The training was going 30 km/h, there were no oncoming cars. I explained that I was ahead of the car because the road was wide enough. and he gives me 12.15 4 hours. tomorrow in Guy

Overtaking, it’s “in the blood” for some. And if so, then there will always be those who will be caught by the valiant police inspectors with a similar violation. It is about overtaking under a prohibiting sign, or more precisely under the sign “Overtaking is prohibited”, that we will talk about in our article.
In fact, overtaking under such a sign can be not only deliberate, but also a kind of “set-up,” so to speak. In some regions, say in Bashkiria (2014, 2015, 2016 exactly), markings on the roads are apparently not applied on principle, apparently training the memory of drivers. As a result, I passed such a sign, and then another kilometer, two, three, and then remember, maybe there was a cancellation sign, or maybe I missed it... In the end, if there wasn’t one, but there was overtaking, then it goes without saying that the action may fall under administrative liability.
So, before moving on to the main topic of the article, we will finally decide on the initial data. After all, the final result, which is not indifferent to most, will depend on the accuracy of the description of the initial situation.

What does the “No Overtaking” road sign prohibit and what are its priorities?

Since we are talking about the “Overtaking is prohibited” sign, the first thing you need to do is look at the traffic rules and find it there. So, the sign “Overtaking is prohibited” is classified as a prohibitory sign number 3.20 and looks like this - or, but for trucks weighing more than 3.5 tons. We think all motorists are very familiar with it. This is of course ironic. So, the sign introduces a ban on overtaking all vehicles! This is exactly what is written in the traffic rules. However, there are some nuances here regarding low-speed vehicles, mopeds and motorcycles without sidecars. More on this a little later, but for now about the coverage area of ​​the “No Overtaking” sign...

The coverage area of ​​the “No Overtaking” sign or when it will eventually be possible to overtake

The effect of the “No Overtaking” sign extends from the immediate location of its installation to the nearest intersection or, in populated areas, this may be the end of the populated area. At the same time, the effect of the sign is not interrupted at exit points from territories adjacent to the road and at intersections (junctions) with field, forest and other secondary roads, in front of which intersection signs are not installed (we cited them above).

Also, the effect of a sign can be limited previously by the signs: or, and also. In addition, the sign’s coverage area can be limited by installing a sign under it (8.2.1 “Validity area”) indicating the distance of its relevance.

Now, after such clarifications, we can talk about possible options for overtaking under this sign and about the fine that threatens in case of violation of the requirements of this sign.

Penalty for overtaking under a “No Overtaking” sign

So, if overtaking is done in the coverage area of ​​sign 3.20 “Overtaking is prohibited,” which we mentioned above, then essentially a situation will arise with entering the lane intended for oncoming traffic. That is, the driver’s actions will be qualified under Article 12.15 of the Code of Administrative Offenses of the Russian Federation, part 3 or 4, depending on the situation.

Let us quote these parts of the article of the Administrative Code.

3. Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic when going around an obstacle, or onto tram tracks in the opposite direction when going around an obstacle - entails the imposition of an administrative fine in the amount of 1,000 to 1,500 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 5,000 rubles or deprivation of the right to drive vehicles for a period from 4 to 6 months.

Essentially, the situation here is one on one with a continuous line, even if there is none on this section of the road. That is, in the case of bypassing or overtaking an obstacle, the driver faces a fine of up to 3 minimum times, and in the case of overtaking under such a sign, a fine of 5,000 rubles or deprivation of a driver’s license for a period of 4 to 6 months. Moreover, in the event of a relapse, this is 1 year from the date of entry into force of the administrative punishment, deprivation of rights may already be 1 year (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).

Is it possible to avoid a fine (deprivation of rights) for overtaking under a “No Overtaking” sign?

Of course, the opportunity to at least not get rid of it, but to mitigate one’s punishment is always welcome on the part of the person being punished. That is why it is always worth trying to look for “loopholes”, thereby “spreading broken parts” at the place of the fall.
Firstly, this may be a search for an obstacle, that is, the possibility of subsequently asserting that entering the oncoming lane was associated with avoiding an obstacle. In this case, Article 12.15 of the Code of Administrative Offenses of the Russian Federation, part 3, will be applied to the driver, which is still a milder punishment than part 4. We quoted it above.
Secondly, they do not have the right to issue a fine if it was overtaking a slow-moving vehicle, a horse-drawn cart, a moped or a two-wheeled motorcycle without a sidecar. This state of affairs is spelled out in the paragraph of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/09/2012 N 2. However, only if there are no other factors other than the overtaking sign, say, according to clause 11.4 of the traffic rules. At the same time, the marking line is not such a factor, since Appendix 2 to the traffic rules states the priority of road signs over markings. In addition, if the vehicle does not have a sign , then this will also not be considered a violation. If in fact it turns out that the vehicle is still a low-speed vehicle, that is, its design speed is limited to 30 km/h. This is all stated in the same Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/09/2012 No. 2.
Thirdly, this is the width of the roadway. As we already mentioned at the very beginning of the article, if there are no markings, but there are 4 or more lanes, then if overtaking was not associated with entering the lane for oncoming traffic, then of course Article 12.15 part 4 cannot be applied to it. Here you need to refer to paragraph 9.1 of the traffic rules...

And to GOST R 52399-2005. It says that the lane should be 3.75 m, that is, if the entire width of the road is 3.75 * 4 = 15, more than 15 meters, then overtaking itself will not be considered a violation. Although, of course, this is a very rare situation when there are no markings on such a wide road, and besides, there is also a “No Overtaking” sign.

Is it possible to pay a fine for overtaking under a "No Overtaking" sign with a discount?

In 2016, Article 32.2 of the Code of Administrative Offenses of the Russian Federation was supplemented with a clause allowing a discount on the payment of certain traffic police fines if they were paid within 20 days from the date of the decision. Article 12.15 of the Code of Administrative Offenses of the Russian Federation also falls under this discount, that is, if overtaking was carried out in the coverage area of ​​the “Overtaking is prohibited” sign. More details about all the circumstances of paying such a fine at a discount can be found in the article “How to pay a traffic police fine with a 50 percent discount.”
However, it is necessary to say about relapses, that is, when the offender violated it again within 1 year from the moment the administrative punishment was applied to him. In this case, you will not be able to get a discount under Part 5, Article 12.15 of the Code of Administrative Offenses of the Russian Federation. That is, if a fine was issued under Article 12.15 part 5, overtaking under the “Overtaking is prohibited” sign, then there will be no discount.

Question and answer on the topic “Fine for overtaking under the sign “Overtaking is prohibited” (Article 12.15 of the Code of Administrative Offenses of the Russian Federation)”

Question: What will be the penalty for driving into the oncoming lane within the coverage area of ​​sign 3.20 “Overtaking prohibited”?
Answer: A fine of 5,000 rubles or deprivation of rights for a period of 4 to 6 months. An exception may be the search for obstacles, slow-moving vehicles, horse-drawn carts, mopeds and motorcycles without sidecars.

The road has always been, is and remains one of the most dangerous places. Every year it takes thousands of human lives: high speed, non-compliance with rules, human factor. Overtaking is one of the most difficult and dangerous maneuvers on the road. And overtaking under a “No Overtaking” sign is doubly dangerous.

Introduction

Many drivers are familiar with a traffic situation when, after a seemingly successful overtaking, there is a wave of a striped baton and a request to stop at the edge of the roadside. What kind of bad thoughts are flying through the driver’s head at this moment! Unfortunately, not everyone understands what to expect for violating the “Overtaking” sign. What is the right thing to do in this difficult situation and is it possible to get away with it? Let's figure it out.

No overtaking sign

This sign is numbered 3.20 in the rules and is one of the most important. No wonder it belongs to the category of prohibitory road signs. The choice of its installation location is determined by various dangers for the driver associated with poor visibility due to terrain or sharp turns with poor visibility. This sign indicates to drivers that this section of the road is extremely dangerous and overtaking on it is extremely risky.

The traffic rules say in black and white that it prohibits drivers from overtaking all vehicles (hereinafter referred to as vehicles) with some minor exceptions to the rules. Namely: it is allowed to overtake slow-moving vehicles (structurally cannot exceed 30 km/h), various horse-drawn carriages, two-wheeled mopeds, scooters and motorcycles without a side trailer and, of course, cyclists (both single and group). This sign on public roads is often duplicated with a solid marking line. It is permitted to be used in conjunction with additional plates 8.5.4-8.5.7 and 8.2.1. When carrying out repair work on the roadway, the “Overtaking is prohibited” sign has temporary status. In this case, it is made on a yellow background.

Area of ​​operation of the “No overtaking” sign

Like most road signs not only in Russia, but also in other countries, this sign has its own coverage area. From the by-law called the Traffic Regulations of the Russian Federation, it is clear to us that this road sign is valid:

  • From the place where it stands to the first crossroads, and in its absence - to the end of the settlement. Outside the populated area it is supplemented with signs and plaques.
  • May be limited by an additional sign 8.2.1 indicating the extent of the restriction zone.
  • It ends at the location where sign 3.21 is installed, indicating the end of the overtaking restriction zone. However, he does not allow it, but only indicates that the sign has lost its force.
  • Road sign 3.31 removes all previously introduced prohibitions, therefore, cancels the effect of sign 3.20. Just like 3.21, it does not allow overtaking.

As you can see, the coverage area of ​​the “No Overtaking” sign has clearly defined boundaries.

What will be the punishment

What will be the fine? Under the “No Overtaking” sign, there are various options for road markings (or its complete absence). Consequently, the punishment may be different. Let's look at a few main options:

1. Driving a car into oncoming traffic contrary to the requirements of road signs and markings.

This neglect of traffic rules is punishable under Part 4, 12.15 of the Code of Administrative Offenses of the Russian Federation and ranges from 5,000 rubles to deprivation of driving license through the court for 4-6 months. For the second such violation, imprisonment for 1 year is provided. It should be remembered that if a violation is recorded by cameras, a fine of 5,000 rubles will be issued. This is one of the most severe traffic violations. It is with this article that traffic police officers scare drivers when they commit a less significant administrative offense.

2. The vehicle goes around the obstacle in the oncoming lane, if it is possible to go around on the right.

This is possible when there is an accident on the road, an accident occurs, the road surface does not allow you to move straight, and so on. Although it is possible to move in any direction and not drive into oncoming traffic. But drivers are in a hurry, which is why they violate the “No Overtaking” sign. What is the penalty for this? Not so big - from 1000 to 1500 rubles according to Part 3, 12.15 of the Code of Administrative Offenses of the Russian Federation.

3. Failure of drivers to comply with signs or markings.

This is possible when, in the presence of sign 3.20, there are no markings (for example, at the site of repair work on the road), and the width of the road is quite large. Drivers, making a seemingly safe overtaking that is within the limits of traffic regulations, move in the middle. The fine for such a violation is quite humane - according to Part 1, 12.16 of the Code of Administrative Offenses of the Russian Federation, the violator faces only 500 rubles, but it is also possible to issue a warning.

Real traffic situations

Let's imagine that you are driving on a two-lane road, and a heavy truck is driving in front of you at low speed, blocking your view and hiding road signs. There are intermittent markings to your left. Turning on the turn signal, changing lanes into oncoming traffic, starting to overtake - and then the intermittent one miraculously turns into a continuous one. And a little further, the valiant police officers wave their batons and invite them to dialogue. Common situation? Unfortunately, there is no painless way out of this. It is rare that an inspector will meet halfway and limit himself to a warning. Typically, this will result in a fine of 5,000 rubles, the same as for driving into oncoming traffic.

Or another option: a two-lane road with an intermittent strip separating oncoming traffic. The same heavy truck, hiding a sign warning that the “No Overtaking” sign had begun, and overtaking began under it. The same traffic police inspectors, as always, inopportunely found themselves in this place and at this time. It is impossible to prove anything, because according to traffic rules, road signs are more important than markings, and when overtaking it was necessary to rely on the sign, and not on the broken line. And the fact that you didn’t see him, then who is to blame for that?

A frequent controversial traffic situation is overtaking under a temporary “Overtaking prohibited” sign on a section of road under repair that has no markings. Inspectors, taking advantage of their position and the fact that most drivers are afraid of them, impose an appropriate penalty on overtaking. After all, the fine for “oncoming traffic” is not small - 5,000 rubles, or even deprivation of driving license for 4-6 months. But in each of the situations described, it is possible, if not to completely avoid punishment, to significantly reduce it.

When stopped by the traffic police inspector

So, a traffic police officer stopped you for ignoring the 3.20 sign and threatened you with a fine of 5,000 rubles or deprivation of your driving license through the court. The first thing you need to do is calm down and analyze everything carefully. Perhaps there are ways to mitigate the punishment. The first thing to do is try to find an obstacle on the roadway. It could be a hole, a stick or a tree branch, a large stone, or a car standing on the emergency warning light. Anything as long as it falls under the definition of “obstacle.” For this violation, a fine of 1000-1500 rubles will be issued.

Another option to protest your violation is a sign not installed in accordance with GOST. In this case, it has no force, and such a violation cannot be punished. What does GOST 52289-2004 require:

  • On road access roads that have two or more lanes for traffic in one direction, the “Overtaking prohibited” sign must be duplicated on the dividing strip or on the left side of the road if there is no dividing strip. It is worth making sure that this clause has not been violated, otherwise you need to point this out to the traffic police officer. He, in turn, is obliged to enter the discrepancy between signs or markings in a special journal and transfer it to the duty station. From there, the information must go to the road service to eliminate the deficiency.
  • From the sign to the ground outside populated areas there should be 1.5-3 m, in populated areas - 2-4 m. Signs are often installed with serious violations. This is especially true during road works, where signs are placed on a mast, but almost close to the ground. It is worth measuring the height of the installation in the presence of witnesses or taking a photo or video of the measurement being taken.

  • The sign is obscured by trees and bushes, various structures, other objects that interfere with the view, or is blown away by the wind. According to GOST, it must be visible from a distance of 100 m. If it is not visible, demand the cancellation of the resolution. However, it would be useful to take a photograph of the fact that the sign is hidden from drivers. It often happens that without these photographs others appear, in which it is clear that the sign was visible and perfectly legible.
  • GOST also regulates the order of placement. First come warnings, orders, special instructions, and finally prohibitions. Failure to comply with this order of placement allows the driver to avoid punishment, since a sign installed not in accordance with GOST is invalid. At the same time, the number of signs on one mast is also regulated.

If there is at least one item from this list, then you cannot be punished for overtaking under the “No Overtaking” road sign. True, most likely you will have to prove your innocence in court. This is where the previously collected evidence comes in handy.

In what cases, according to traffic rules, there will be no punishment

Not many drivers know that there are exceptions to the traffic rules, therefore, inspectors have no legal grounds to punish the driver for such overtaking. These are exceptions such as overtaking:

  • Slow-moving vehicles. It must have a corresponding sign with a yellow border), otherwise, even if its speed is below 30 km/h, it is not slow-moving, and the inspector has the right to issue you a fine.
  • Equestrian or single riders.
  • All kinds of mopeds, scooters, motorcycles and other two-wheeled motor vehicles. Of course, provided that they move without a side trailer.
  • Single cyclists or groups of them.

Even when overtaking these vehicles under a sign and a solid line, you cannot be held accountable for violating them, since it is not such.

Here are five useful tips that will help you avoid punishment and not find out what the fine will be for a “No Overtaking” road sign:

  • The necessity, safety and possible consequences of performing this maneuver should be carefully weighed.
  • If you overtake under a “No Overtaking” sign and are stopped by a police officer, you should not panic and be provoked by him.
  • When stopped by an inspector, you should take a photograph of the road situation, so that later there will be evidence of your words.
  • Be sure to insist on drawing up a protocol. Say that you will definitely appeal it in court.
  • And of course, you need to know and remember to follow the traffic rules.

Conclusion

As you can see, this road sign is fraught with some features, hidden pitfalls and dangers. A violation can be interpreted as driving into oncoming traffic (with all the consequences) or as a simple warning for failure to comply with signs and markings. In any case, you should think carefully before overtaking. It is not for nothing that this sign is installed in places where visibility is limited and overtaking is simply dangerous. The road does not forgive people for their inattention and indifferent attitude in the rules of behavior it dictates. Before you do anything, think about your family, because they are waiting for you at home. Good luck on the roads!

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