Penalty for not providing benefits. What is the failure to provide an advantage in movement to a route vehicle or a vehicle with special light and sound signals turned on

New edition Art. 12.17 Administrative Code of the Russian Federation

1. Failure to provide an advantage in the movement of the route vehicle, as well as a vehicle with a flashing beacon turned on at the same time of blue color and a special sound signal -

shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.

1.1. Movement of vehicles on the lane for route vehicles or stopping on the specified lane in violation of the Rules traffic, except for the cases provided for by parts 3-5 of article 12.15 of this Code, and the case provided for by part 1.2 of this article -

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

1.2. Violation provided for by paragraph 1.1 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 roubles.

2. Failure to provide an advantage in motion to a vehicle that has special color schemes, inscriptions and designations applied to the outer surfaces, with a blue flashing beacon and a special sound signal turned on at the same time -

shall entail the imposition of an administrative fine in the amount of five hundred rubles or deprivation of the right to drive transport vehicles for a term of one to three months.

Commentary on Article 12.17 of the Code of Administrative Offenses of the Russian Federation

1. The object of an administrative offense is road safety, traffic rules.

A route vehicle is a vehicle common use designed for the carriage of people on the roads and moving along an established route with designated stops. Advantage - the right to priority movement in the intended direction in relation to other participants in the movement. A vehicle with a blue flashing beacon and a special sound signal turned on has priority in motion.

2. From the subjective side, the offense is expressed as guilt in the form of intent or negligence. The subject of the offense is the driver who violated this traffic rule.

Another commentary on Art. 12.17 of the Code of the Russian Federation on Administrative Offenses

1. The object of an administrative offense is road safety, traffic rules.

A route vehicle is understood as a public vehicle (bus, trolleybus, tram) designed to transport people on the roads and moving along an established route with designated stopping points (stops).

Advantage (priority) - the right to priority movement in the intended direction in relation to other participants in the movement.

Drivers of vehicles with a blue flashing beacon on when performing an urgent service task have the right to take precedence over other road users.

2. From the objective side of part 1 of the commented article, the offense is expressed in the failure to provide an advantage in movement: to a route vehicle; a vehicle with a blue flashing beacon and a special sound signal turned on at the same time.

Part 2 provides for liability for not providing an advantage in driving to a vehicle that has special color schemes, inscriptions and designations applied to the outer surfaces with a blue flashing beacon and a special sound signal turned on at the same time.

3. From the subjective side, the offense is expressed as guilt in the form of intent or negligence.

1. Failure to provide an advantage in movement to a route vehicle, as well as a vehicle with a blue flashing beacon and a special sound signal turned on at the same time -

shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.

1.1. Movement of vehicles on the lane for route vehicles or stopping on the indicated lane in violation of the Rules of the Road, except for the cases provided for by parts 3-5 of article 12.15 of this Code, and the case provided for by part 1.2 of this article, -

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

1.2. Violation provided for by part 1.1 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 roubles.

2. Failure to provide an advantage in movement to a vehicle that has special color schemes, inscriptions and designations applied to the outer surfaces, with a blue flashing beacon and a special sound signal turned on at the same time -

shall entail the imposition of an administrative fine in the amount of five hundred rubles or deprivation of the right to drive transport vehicles for a term of one to three months.

Commentary on Art. 12.17 Administrative Code of the Russian Federation

1. The object of the acts under consideration are legal relations in the field of ensuring road safety. As an additional object of these offenses, one can consider relations in the field of human security, protection of his life and health, which is due to the provision of the possibility of using special sound and light signals, in particular, we are talking about ambulances, fire fighting equipment, police, etc.

The objective side can be expressed both in action and inaction. By inaction, the objective side is carried out within the framework of the act provided for in part 1 of the commented article - failure to provide an advantage in movement to a route vehicle, as well as a vehicle with a blue flashing beacon and a special sound signal turned on at the same time, as well as part 2 - failure to provide an advantage in driving a vehicle that has special color schemes, inscriptions and designations applied to the outer surfaces, with a blue flashing beacon and a special sound signal turned on at the same time.

The fulfillment of the objective side in the form of an action is provided for in parts 1.1 and 1.2 of this article, which in essence reflect the same offense with the delimitation of the territorial limits of its commission - the movement of vehicles along the lane for route vehicles or stopping on the specified lane. The law especially focuses on the commission of this offense in Moscow and St. Petersburg - the sanctions in this case increase six times.

2. The subject of the offense is the driver of the vehicle, who violates the requirements of the Rules of the Road intentionally. Thus, the subjective side can be determined precisely by the specified form of guilt, the commission of an offense through negligence is almost impossible.

By the Resolution of the Constitutional Court of the Russian Federation of 04.22.2014 N 13-P, part 1.2 of Article 12.17 is recognized as not contradicting the Constitution of the Russian Federation, since the regulation established by it is based on objective criteria and takes into account the specifics of the traffic situation in the territories of these subjects Russian Federation as the largest urban settlements of the Russian Federation.

What is the failure to provide an advantage in movement to a route vehicle or a vehicle with special light and sound signals turned on?

The rules of the road approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (hereinafter referred to as the SDA) establish, among other things, in what order the priority should be given on the road to a route vehicle or a vehicle with special light turned on (sound) signals.

Section 18 of the SDA is devoted to the priority of the movement of route vehicles. So, it is established that outside the intersections where the tram tracks cross carriageway, the tram has an advantage over trackless vehicles, except when leaving the depot.

On roads with a lane for route vehicles, marked with signs "Road with a strip for route vehicles", "Entering a road with a strip for route vehicles", "Lane for route vehicles", it is prohibited to move and stop other vehicles (for exception school buses and vehicles used as a passenger taxi, as well as cyclists - if the lane for fixed-route vehicles is located on the right) on this lane.

If this lane is separated from the rest of the carriageway by a broken marking line, then when turning, vehicles must change lanes to it. It is also allowed in such places to drive into this lane when entering the road and for boarding and disembarking passengers at the right edge of the carriageway, provided that this does not interfere with route vehicles.

IN settlements drivers must give way to trolleybuses and buses starting from a designated stop. Drivers of trolleybuses and buses can start moving only after they are sure that they are given way.

Road users are required to know and comply with traffic rules, traffic signals, signs and markings, as well as comply with the orders of traffic controllers acting within the rights granted to them and regulating traffic with established signals.

Paragraphs 3.2, 3.3 establish that when a vehicle approaches with a blue flashing beacon and a special sound signal, drivers are obliged to give way to ensure the unhindered passage of the specified vehicle.

When approaching a vehicle that has special color schemes applied to the outer surfaces, with flashing beacons of blue and red colors and a special sound signal, drivers are obliged to give way to ensure the unimpeded passage of the specified vehicle, as well as the vehicle (escorted vehicles) accompanied by it.

It is forbidden to overtake a vehicle that has special color schemes applied to the outer surfaces with a blue flashing beacon and a special sound signal turned on.

It is forbidden to overtake a vehicle with special color schemes applied to the outer surfaces, with blue and red flashing beacons and a special sound signal turned on, as well as the vehicle (s) escorted by it.

When approaching a stationary vehicle with a blue flashing light on, the driver must slow down to be able to stop immediately if necessary.

Article 12.17 Administrative Code of the Russian Federation. A feature of this article is the establishment of increased amounts of administrative fines for this offense committed in Moscow and St. Petersburg.

Yes, Art. 12.17 of the Code of Administrative Offenses of the Russian Federation establishes administrative responsibility for:

a) failure to provide an advantage in movement to a route vehicle, as well as a vehicle with a blue flashing beacon and a special sound signal turned on at the same time, which entails a warning or the imposition of an administrative fine in the amount of 500 rubles (part 1 of article 12.17 of the Code of Administrative Offenses of the Russian Federation);

b) the movement of vehicles in the lane for route vehicles or stopping in the specified lane in traffic violation(except for the cases provided for by Parts 3-5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, and the case provided for by Part 1.2 of the Code of Administrative Offenses of the Russian Federation). The specified entails the imposition of an administrative fine in the amount of 1,500 rubles (part 1.1 of article 12.17 of the Code of Administrative Offenses of the Russian Federation);

c) the above violation, provided for in Part 1.1 of Art. 12.17 of the Code of Administrative Offenses of the Russian Federation, committed in the federal city of Moscow or St. Petersburg. It entails the imposition of an administrative fine in the amount of 3,000 thousand rubles (part 1.2 of article 12.17 of the Code of Administrative Offenses of the Russian Federation);

d) failure to provide an advantage in movement to a vehicle that has special color schemes, inscriptions and designations applied to the outer surfaces, with a blue flashing beacon and a special sound signal turned on at the same time. This act entails the imposition of an administrative fine in the amount of five hundred rubles or deprivation of the right to drive vehicles for a period of 1 to 3 months (part 2 of article 12.17 of the Code of Administrative Offenses of the Russian Federation).

1. Failure to provide an advantage in movement to a route vehicle, as well as to a vehicle with a blue flashing beacon and a special sound signal turned on at the same time -

shall entail a warning or the imposition of an administrative fine in the amount of one hundred to three hundred roubles.

2. Failure to provide an advantage in motion to a vehicle that has special color schemes, inscriptions and designations applied to the outer surfaces, with a blue flashing beacon and a special sound signal turned on at the same time -

shall entail the imposition of an administrative fine in the amount of three hundred to five hundred rubles or deprivation of the right to drive transport vehicles for a term of one to three months.

(in ed. federal law dated 22.06.2007 N 116-FZ)

Commentary on article 12.17

1. A blue flashing beacon and special sound signals are special signals (see commentary to article 12.4).

2. According to clauses 3.1, 3.2 of the Rules of the Road, drivers of vehicles with a blue flashing beacon on, performing an urgent service task, may deviate from the requirements of section. 6 (except for the signals of the traffic controller) and paragraphs 8 - 18 of the Rules, Annexes 1 and 2 to the Rules, provided that traffic safety is ensured.

To gain an advantage over other road users, drivers of such vehicles must turn on a blue flashing beacon and a special sound signal. They can take advantage of priority only by making sure that they give way. The same right is enjoyed by drivers of vehicles accompanied by vehicles with a flashing blue light and a special sound signal, in cases established by clause 3 of the Rules. On escorted vehicles, dipped headlights must be switched on.

On vehicles of the State traffic inspectorate, the FSO of Russia and the military automobile inspectorate, in addition to the blue flashing beacon, a red flashing beacon may be turned on. When approaching a vehicle with a blue flashing beacon and a special sound signal turned on, drivers are obliged to give way to ensure the unhindered passage of the specified vehicle and other vehicles accompanied by it.

3. According to the Rules of the Road, a route vehicle is understood as a public vehicle (bus, trolleybus, tram) designed to transport people on the roads and moving along an established route with designated stopping points (stops).

On the concept of a vehicle in relation to this article, see paragraph 1 of the commentary to Art. 12.2.

In accordance with clauses 18.1 - 18.3 of the Rules of the Road outside intersections where tram tracks cross the carriageway, the tram has an advantage over trackless vehicles, except when leaving the depot. On roads with a lane for route vehicles, marked with signs 5.9, 5.10.1 - 5.10.3, the movement and stopping of other vehicles on this lane is prohibited. If this lane is separated from the rest of the carriageway by a broken marking line, then when turning, vehicles must change lanes to it. It is also allowed in such places to drive into this lane when entering the road and for boarding and disembarking passengers at the right edge of the carriageway, provided that this does not interfere with route vehicles.

In built-up areas, drivers must give way to trolleybuses and buses starting from a designated stop. Drivers of trolleybuses and buses can start moving only after they are sure that they are given way.

4. Vehicles with special color schemes, with special signals turned on, have the right to extraordinary movement in the intended direction in relation to other traffic participants. Special color schemes to match state standards, are applied to the outer surfaces of vehicles of operational services.

In accordance with Decree of the Government of the Russian Federation of January 4, 2000 N 2, special signals can be installed regardless of the presence of special color schemes.

5. The driver of a moving, resuming movement, carrying out any maneuver of a vehicle, forcing the driver of a route vehicle, a vehicle with a blue flashing beacon and a special signal to change direction or speed at the same time, commits an administrative offense under part 1 of the commented article.

6. Subjects administrative offenses provided for in the commented article are drivers of vehicles. The obligations of pedestrians when crossing the carriageway in the event of vehicles moving along it with a blue flashing beacon and a special sound signal are provided for in clause 4.7 of the Rules of the Road.

7. See note to paragraph 5 of the commentary to art. 5.1.

Cases of administrative offenses provided for in the commented article are considered:

a) the head of the State traffic inspectorate, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy - in accordance with paragraph 5 of part 2 of Art. 23.3 of the Code of Administrative Offenses;

b) employees of the State traffic inspectorate with a special rank - in relation to the offenses provided for in Part 1 of the commented article.

In accordance with Part 2 of Art. 23.2 specified officials has the right to transfer the consideration of cases of administrative offenses committed by minors to commissions for minors and the protection of their rights.

The officials referred to in sub. "a" of this paragraph of this commentary, has the right to refer cases of administrative offenses provided for in part 2 of the commented article for consideration by a judge (see paragraph 2 of paragraph 9 of the commentary to article 12.8).

8. With regard to licensed types of activities in the field of road traffic, on the legal consequences of the commission by the licensee - individual entrepreneur administrative offenses provided for in Part 2 of the article under consideration, see paragraph 4 of the commentary to Art. 12.5.