He started overtaking on intermittent, finished on solid. Controversial situation on the road

Automobile traffic in large cities is getting more intense every year, and DPS employees are more cunning, inventing new ways to take money out of the population. Very often, as a rule, in a problematic place, the driver encounters a situation when he started overtaking on intermittent, finished on a solid line of marking, and he himself did not notice. Or noticed, but it's too late. At that moment a striped rod takes off and a man in uniform orders you to stop at the roadside urgently. Well, then it's a matter of technology.

Require video recording

But do not rush to part with your bills. First of all, ask the inspector to show you a video of your violation. Remember that in court only the strong and clear evidence of your guilt is taken. Phrases, such as "I fixed your violation visually," "I saw everything with my own eyes," and so on, cut off immediately on the vine. There is no video record - there is no evidence. So you are innocent.

Any controversial situation, according to the presumption of innocence described in the Constitution of the Russian Federation, is always interpreted in favor of the accused. And any judge in any court will not even consider your case if there are no video materials confirming your guilt.

Disagree

It happens that the inspector comes across too stubborn, or sees in you a slack and wants to press harder (they are all psychologists, they perfectly see the behavior of a person, what is it to blame, and whether he is at fault). There is no video recording, or you are not shown it, but they insistently propose signing a protocol. At the same time, the employee does not lose eye contact with you, expecting you to make proposals on "resolving the situation on the spot."

In no case do not go on about. Take the pen, but before you put the signature, in notes or in the margins, write: "I do not agree with the protocol." There is no proof of video, the Inspector (such a name, such a badge number, such as the UGIBDD management) is refusing I must submit the evidence of the alleged violation to me. "I ask you to postpone the trial to the place of my residence (registration, stay)." After such a turn of events, you, in most cases, will simply be released.

Your signature

Completion of overtaking through a continuous line of marking is, of course, a violation of traffic rules, but you should be more assertive in defending your rights. Why can not I sign before I make notes? You can trivially snatch the protocol from your hands before fixing your explanations, and blackmail will go completely on a different level. And you have already signed the protocol.

Secondly, after you are released, you can be sure that this protocol will be torn and thrown out. With your comments, but without a signature, it is not valid. Now, if you just did not sign it, then yes. The court will consider this as non-compliance with the procedure for fixing an administrative offense (although you have the constitutional right not to sign anything). After all, according to the law, the policeman is obliged to explain to you the contents of the protocol, to acquaint you with your rights, and you, with your signature, certify that you have understood the meaning of the above, or you must demand an explanation again until you clarify all the points for yourself.

But the signature on the protocol is still better to put. Otherwise, in court this will be a minus in your direction.

Have time to remove

But what if the DPS car was going to meet you, or was standing on the sidelines, and the police were able to fix your offense on the video camera (or DVR). Ask them to show you the picture.

The modern complex of video fixing, installed in the machines of operational services, allows you to clearly record violations even in the dark time or within the limits of poor visibility from a distance of more than five hundred meters. Moreover, such systems are inextricably linked with the GLONASS satellite system, which makes it possible to determine the location of the camera and the intruder to within a few centimeters.

Therefore, if the driver started overtaking on intermittent, finished on solid and at the same time found himself in line of sight of the lens, then even from a long distance this offense will be fixed with an accuracy sufficient for the court to recognize his guilt.

Without panic

But here's a video shown to you. As a rule, this happens already in the car DPS. There you clearly saw how your car crosses a solid line of marking. If this is not a double continuous (which is almost equal to deprivation), then you can fight for your rights, and even if you are found guilty, get off just fine.

Without waiting for any practical suggestions from you, the employee, as a rule, begins to make out a protocol where he will enter the number of the DVR, the certificate of his last verification, the type and number of the digital media with your violation, etc. In practice, it takes about twenty to thirty minutes, and all this time you do not have to be in the DPS car, and you do not need to. Uncover the smartphone or camera and go take pictures.

All pictures

You need to photograph everything: marking up, road condition, stopping place of the vehicle (we'll talk more about this). If there was an emergency braking - photograph the tracks from the tires. Take a panoramic photo from several points of view. If your smartphone does not allow you to take panoramic shots, take photos of road sections, road conditions from several angles. The more pictures - the better. Find the sign 3.20 "Overtaking prohibited." Take a photo of it on the background of the markup. Does the continuous marking begin from the place where this sign is placed? If not - fix this moment.

Markup according to GOST

Why is it necessary? Completion of overtaking through a solid line of marking 1.1 is, as doctors say, not yet a diagnosis. How correctly is the markup? Do the parameters of road marking match the existing national standard of the Russian Federation GOST R 52289-2004? According to this document, intermittent marking 1.5, before moving to a solid 1.1 or 1.11, should be replaced by a 1.6 mark, a dashed line, with a stroke length of 3 times the gap between them (according to the RF Road Regulations, Road marking and its characteristics, 1 Horizontal marking). And the GOST specifies the minimum distance of applying this marking before its replacement by a continuous one (100 meters outside the city and 50 meters in the settlement).

If the driver started overtaking on intermittent, finished on a solid line 1.1, but the 1.6 marking is missing, or the length of its strokes does not correspond to those established in the SDA, or the distance of its application is less than the minimum value according to GOST - the court will take the side of the motorist. However, these violations must be properly recorded, and confirmed with as many photos as possible.

We measure the strokes

Measure the length of the strokes on the 1.6 markup. Measure the distances between them. Roulette can be asked from the DPS staff. Record the result with a photo (take a photo with the tape measure). Measure the distance marked by 1.6.

For this, it is not necessary to measure it along the entire length. You already have the length of the stroke and the length of the gap. Count the number of both and multiply by the value of their length. Record all measurements in the protocol, in the driver's comment section or in the notes. In extreme cases - reflect them on the margin of the document.

In the protocol, also add that "because the markings are not written in accordance with GOST R 52289-2004, I did not have the opportunity to safely complete the maneuver." Remember that the 1.6 markup can not go to 1.3 (double continuous), and it itself can not be applied on roads that have three lanes for traffic and less (that is, on roads, one lane for traffic to each side).

Has the inspector violated?

Now you need to link the place of violation of traffic rules to the existing terrain. Find the nearest kilometer column and in steps, count from it the distance to the vehicle DPS, to the place where you started overtaking the car, and to the place where your car was stopped. Record all calculation results in the protocol.

Now about the car DPS. If you are stopped outside the village, then he can stand only in the direction of traffic. If he stands by your side and turns the windshield towards you, make confirmatory photos from different angles, and in the protocol show that "the DPS car parked in violation of the traffic rules of paragraph 12.1 misled me, so I do not have It was possible to safely complete the maneuver. "

Your comments

In the protocol itself, do not write "I violated" or "I did not follow the SDA", as well as similar phrases. Do not also indicate whether you agree with the violation or not. The decision will in any case be made by the judge, not you.

If there are traces of noise, do not forget to mention that you made an emergency braking (a hindrance, not allowed back in a row, avoided a collision with a car leaving the courtyard or left the frontal), so you could not safely complete your maneuver.

If the inspector DPS does not give you the opportunity to enter any of your comments in the protocol - call the traffic police. In the Moscow region, her phone number is 8 (495) 694-9229. Regional numbers should be indicated on the door of the vehicle.

Could not return

What to do to the driver, if he started overtaking on intermittent, finished on solid, but at the same time all the markings are done without violations? In this case, you will have to prove in court that you did not have the opportunity to return to your rank in time without creating an emergency on the road.

According to the Code of Administrative Offenses, any person can be convicted of an administrative offense if the court finds that he had the opportunity to comply with all norms and rules established by the Code, but they did not take all measures to comply with them. In other words, you will need to prove that you used all attempts and opportunities to go back to your series, but it would not be safe to do it.

You can rest on the fact that someone did not let you back into their range, and this already falls under the "dangerous driving" for someone who did not let you. It is better to add that to safely complete the maneuver you would have to significantly increase the speed of overtaking or apply emergency braking, which is much more dangerous than the situation in which you have completed overtaking, forcedly crossing a continuous line of marking.

Signs

As you know, signs, especially those installed on the time bar, take precedence over the road markings. And many unscrupulous cops use it, exposing it in an inconspicuous place, and collecting a tribute from those who are forced to "violate" the rules.

In this case, the law is also on your side. You may simply not see this sign if it, for example, has closed the foliage or, overtaken you truck. Moreover, the sign 3.20 "Overtaking is forbidden" implies a prohibition on starting a maneuver overtaking, but not its process or completion. Therefore, if you are already on the opposite lane, the markings are intermittent, and here you pass the sign 3.20, you are legally allowed to continue passing, and, having made sure of the security of the maneuver, calmly return to its lane.

It should also be remembered that nobody has the right to select the rights on the spot. Inspectors are required to write you a report, send evidence to court, and let you go. And do not forget that overtaking on the road and advancing ahead of the next car are completely different maneuvers.