Reversing in a built-up area. SDA: where it is forbidden to reverse

SUPREME COURT OF THE RUSSIAN FEDERATION
First Deputy Chairman of the Supreme Court Russian Federation Serkov P.P., having considered the complaint Zhilina Yew.P. on the decision of the justice of the peace of judicial district N 15 of the Soviet district of Lipetsk of April 15, 2010, the decision of the judge of the Soviet district court of Lipetsk of April 28, 2010 and the decision of the chairman of Lipetsk regional court dated June 8, 2010, rendered against Zhilin Yew.P. in the case of an administrative offense provided for by Part 4 of Article 12.15 of the Code of the Russian Federation on Administrative Offenses,
Installed:
Resolution of the justice of the peace judicial district N 15 Soviet district g. Lipetsk on April 15, 2010 Zhilin Yew.P. found guilty of committing administrative offense, the responsibility for which is provided for by Part 4 of Article 12.15 of the Code of the Russian Federation on Administrative Offenses, and subjected to administrative punishment in the form of deprivation of the right to drive vehicles for a period of four months.
By the decision of the judge of the Sovetsky District Court of Lipetsk dated April 28, 2010, the said decision of the justice of the peace was upheld.
By the decision of the chairman of the Lipetsk Regional Court of June 8, 2010, the decision of the Justice of the Peace of Court District No. 15 of the Sovetsky District of Lipetsk of April 15, 2010 and the decision of the judge of the Sovetsky District Court of Lipetsk of April 28, 2010 were left unchanged.
In the complaint filed with the Supreme Court of the Russian Federation, Zhilin Yew.P. He asks for the cancellation of the judgments issued against him in the case, referring to the absence in his actions of an administrative offense, provided for by Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation.
Having studied the materials of the case of an administrative offense, I find a complaint Zhilina Yew.P. eligible for the following reasons.
In accordance with Part 4 of Article 12.15 of the Code of the Russian Federation on Administrative Offenses, an administrative offense is recognized as leaving in violation of the Rules traffic on the side of the road intended for oncoming traffic, except for the cases provided for by part 3 of this article.
Based on the provisions of paragraph 12 of the Decree of the Plenum of the Supreme Court of the Russian Federation of October 24, 2006 N 18 "On some issues that arise with the courts in the application of the Special Part of the Code of the Russian Federation on Administrative Offenses", parts 3 and 4 of Article 12.15 of the Code of the Russian Federation on Administrative Offenses should qualify actions expressly prohibited by the Rules of the Road, which are associated with the exit to the side of the carriageway intended for oncoming traffic.
As seen from the case file, on March 20, 2010, an inspector of the traffic police of the OBDPS of the traffic police of the Internal Affairs Directorate for Lipetsk region in relation to Zhilina Yew.P. a protocol was drawn up on an administrative offense, provided for by Part 4 of Article 12.15 of the Code of the Russian Federation on Administrative Offenses, according to which on March 20, 2010 at 13 hours 45 minutes Zhilin Yu.P., driving a vehicle - a car of the brand<...>, state registration plate<...>, near the house N 2 on the street. Nedelina in Lipetsk was moving in the opposite direction on the road intended for one-way traffic, marked with a road sign 5.5 "Road with one way traffic".
From available in the case file diagram of the location of the offense it follows that Zhilin Yew.P. moved in the opposite direction on the road intended for one-way traffic in the area of house N 2 on the street. Nedelina (case sheet 6). At the same time, information that Zhilin Yew.P. the requirements of the road sign 3.1 "Entry is prohibited" were violated, the case materials do not contain.
According to the layout of road signs provided by municipal institution"Office of the chief caretaker of the city of Lipetsk", a section of the road in the area of \u200b\u200bthe house N 2 on the street. Nedelina in Lipetsk is an intersection where, when turning left, there is a road sign 5.5 "One-way road", at the end of the one-way road there is a road sign 3.1 "No entry", prohibiting entry in the opposite direction (l.d. 39).
April 15, 2009 at the hearing, when considering an administrative offense magistrate judicial district N 15 Soviet District. Lipetsk, Zhilin Yew.P. He pleaded not guilty and explained that he had carried out a reversing maneuver, which is not prohibited by the Rules of the Road, as a result of which his actions cannot be qualified under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation.
Interrogated at the hearing as a witness traffic police inspector Nesmeyanov C.M. showed that stopped by him under the control of Zhilin Yu.P. the vehicle was reversing in the opposite direction on a one-way road.
Qualifying actions Zhilina Yew.P. on part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, Magistrate concluded that since the vehicle running Zhilina Yew.P. was moving in the opposite direction on a one-way road marked road signs 3.1 "No entry" and 5.5 "One-way road", whether the specified maneuver was carried out in reverse or forward does not matter for the qualification of these actions.
However, with the qualification actions Zhilina Yew.P. on part 4 of article 12.15 of the Code of the Russian Federation on Administrative Offenses, it is impossible to agree.
By virtue of clause 8.12 of the Rules of the Road, approved by Decree of the Government of the Russian Federation of October 23, 1993 N 1090 "On the Rules of the Road" (hereinafter referred to as the Rules), the movement of the vehicle in reverse is permitted provided that this maneuver is safe and does not interfere with other road users . If necessary, the driver must enlist the assistance of other persons.
Reversing is prohibited at intersections and in places where a U-turn is prohibited in accordance with paragraph 8.11 of the Rules (at pedestrian crossings; in tunnels; on bridges, overpasses, flyovers and under them; at railway crossings; in places with visibility of the road in at least one direction less than 100 m; at the places of route stops Vehicle).
Since Zhilin Yu.P. there was no ban on reversing on a one-way road and there is no data on the creation of obstacles to other road users, then the qualification of the actions of Zhilin Yew.P. under part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation is unreasonable.
Under such circumstances, the decision of the justice of the peace of judicial district N 15 of the Soviet District of Lipetsk of April 15, 2010, the decision of the judge of the Soviet District Court of Lipetsk of April 28, 2010 and the decision of the chairman of the Lipetsk Regional Court of June 8, 2010 are subject to cancellation.
The proceedings are subject to termination on the basis of clause 2 of part 1 of article 24.5 of the Code of Administrative Offenses of the Russian Federation - due to the absence of Zhilin Yew.P. composition of an administrative offense provided for by Part 4 of Article 12.15 of the Code of the Russian Federation on Administrative Offenses.
Based on the foregoing, guided by Articles 30.13, 30.17 of the Code of Administrative Offenses of the Russian Federation,
Resolved:
Complaint Zhilina Yew.P. to satisfy.
The decision of the justice of the peace of the court district N 15 of the Soviet District of Lipetsk of April 15, 2010, the decision of the judge of the Soviet District Court of Lipetsk of April 28, 2010 and the decision of the chairman of the Lipetsk Regional Court of June 8, 2010, issued in respect of Yu.P. Zhilin . in the case of an administrative offense provided for by Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation, cancel.
The proceedings in this case should be terminated on the basis of paragraph 2 of part 1 of article 24.5 of the Code of Administrative Offenses of the Russian Federation.

Topic 11. Start of movement, maneuvering (SDA, chapter 8). Turnaround and reversing.

Reversal rules

You can turn around both at intersections and on sections of the road between them. If there is no median on the road, a U-turn outside the intersection should be carried out where there are no solid marking lines. In order to turn around on a multi-lane road, you must first find a special place. It is marked with signs 6.3.1. or 6.3.2., or a break in the marking line 1.3.

Within the intersection, a U-turn is made, guided by the requirements of Chapter 13 of the SDA. It describes the sequence of traffic at the intersection. Clause 8.5. and explanations for the road sign "Directions of traffic along the lane" indicate that you need to turn around at any intersections only from the extreme left position on your side of the road.

To paragraph 8.8. The rules should be consulted if the U-turn is made outside the intersection. It also contains an order to make a U-turn from the extreme left lane, and on a road with tram tracks laid in the middle of the carriageway - from the rails of the same direction. At the same time, according to the general norms of maneuvering, the driver must, before turning around, let pass all oncoming trackless vehicles, the path of which will intersect, as well as trams traveling behind or towards. Outside the intersection, they also make a left turn to the adjacent territories, for example, to courtyards.

Sometimes the width of the roadway is not enough to complete a U-turn from the extreme left position in one step. Accordingly, a vehicle making a maneuver involuntarily interferes with the movement of those to whom it must give way.

In such a situation, clause 8.8. allows you to start a U-turn not in the extreme left position, but in the extreme right - from the right edge of the carriageway or from the right shoulder. At the same time, all oncoming and passing vehicles traveling from behind must give way. The driver should wait for the right moment, and then quickly turn around in one step and drive away. So it will not interfere with other vehicles.

It is also possible to make a U-turn outside the intersection from the right edge of the carriageway on multi-lane roads. This method is especially relevant for drivers of long vehicles, the overall dimensions of which do not allow them to turn around from the leftmost lane.

However, there are no rules allowing U-turns from the middle lanes of the carriageway.

Thus, before turning at the intersection, the vehicle must take the extreme left position, outside the intersection - one of the two extreme positions on its side of the road.

If there is roundabout You can turn around only after driving around the center of the intersection. According to paragraph 8.6. SDA U-turn at intersections where the road (s) has (-s) a dividing lane, should be performed without entering the oncoming lane.

Reversing

When reversing, a number of difficulties can arise that are not typical for other maneuvers. It is the supply of the vehicle that is often accompanied by an accident. One of the main reasons for this is the limited visibility. The driver may not always notice a person or object behind the vehicle. In addition, pedestrians and other road users often do not expect the vehicle to move in the “wrong” direction. It is only the driver of the vehicle that was driving in reverse that is to blame in this situation. It must ensure the safety of the maneuver and not interfere with other road users.

Clause 8.12. advises the driver to use the help of other people - a passenger or a passerby - to eliminate the threat of an accident and increase the safety of the maneuver. In this case, the driver should correctly instruct the assistant. He must stand at a point where the vehicle is clearly visible, and where the driver can see him. If there is no possibility between them to hear each other and be heard (due to noise, long distance), an agreement must be made on the signals given on a free path, in the presence of an obstacle and, if necessary, an immediate stop. These signals are given by hand. To avoid misunderstandings, any incomprehensible signal is considered a stop signal. You can continue moving after the situation is clear.

Places where U-turns and reverses are prohibited

Reversing and making a U-turn pose a certain danger to others. The driver, performing these maneuvers, is not always able to prevent it. That is why in certain places such actions are prohibited.

Clauses 8.11. and 8.12. SDA prohibits U-turn and reversing:

on sections of the road with limited visibility - less than 100 meters back and forth;
at railway crossings;
at pedestrian crossings;
on bridges, overpasses, overpasses;
under bridges, overpasses, flyovers,
in tunnels;
at bus stops.

Clause 16.1. prohibits reversing and turning through the median strip along the entire length of motorways and roads for vehicles marked with signs 5.1. or 5.3. You can turn around on such a road only using an equipped transport interchange.

On one-way roads, it is also impossible to turn around due to the inability to continue moving after the maneuver. One-way roads are similar to roads with a lane for shuttle vehicles or cyclists. However, they can be driven in reverse in situations where you need to go around an obstacle, park or return to a missed turn into the yard. In the presence of the sign "Entry prohibited", movement is prohibited both forward and reverse.

As for intersections, a U-turn is allowed on them, and reversing, on the contrary, is prohibited.

Thus, there are eight prohibitions for turning and eight prohibitions for driving in reverse. Seven of them match. At the same time, the requirements of road signs and markings are not canceled. It is impossible to turn around in the zones of action of the signs "No U-turn", "Movement straight ahead", "Movement to the right", "Movement straight and to the right". If there are signs in front of the intersection or crossing of carriageways 5.15.1. and 5.15.2., prohibiting a left turn, a U-turn, respectively, is also prohibited.

Turn around and cross the median strip at the same time or solid lines markings 1.1., 1.2.1., 1.3. it is forbidden.

Precautionary measures

The rules clearly indicate places prohibited for U-turn and reversing. At the same time, the driver has full right perform the above maneuvers anywhere else. However, in the event of an accident, the driver who made the maneuver will be found guilty. Since he did not ensure the safety of its implementation and thereby violated the requirements of paragraph 8.1. SDA. Accordingly, when maneuvering, as well as when moving in general, permission from the Rules is not enough. It is important to exercise reasonable caution, and not just blindly follow the rules of traffic rules.

No signs or markings restrict reversing. In the absence of the above prohibitions, it is allowed on any lane of the carriageway. Driving in reverse on the left lanes of the roadway is fraught with some difficulties: in this position it is difficult to ensure safety and not interfere with others.

In places of exit from adjacent territories, it is also permissible to drive in reverse for the reason that they do not belong to intersections. You can turn around on a narrow road by using reverse gear when entering or leaving an adjacent area. Before such a U-turn, to increase its safety, it is necessary to correlate the direction of movement back and the direction from which other vehicles may appear.

Article 12.4.1. and 12.4.1-1. The Code of Administrative Offenses provides for punishment for a driver who did not give a turn signal before the maneuver or took the wrong position on the roadway before turning or making a U-turn, in the form of a warning or a fine of 500 rubles. The same punishment according to Article 12.4.3. waiting for those who did not give way when maneuvering outside the intersection with an advantage in the movement of the vehicle. For the fact that the driver did not let a pedestrian or cyclist pass when entering / leaving the adjacent territory, as well as for reversing, he may be fined 1,500 rubles (Article 12.18.). According to article 12.14.2. U-turn and reversing in the prohibited paragraph 8.11. SDA places are punishable by a fine of 500 rubles; and the same maneuvers on the motorway - a fine of 2,500 rubles (Article 12.11.3.). It is obvious that the speed of vehicles on the motorway is quite high, and the consequences of such offenses can be very serious.

Turning to the left and making a U-turn in places prohibited by road signs or markings are punishable by article 12.16.2. and a fine of 1000 to 1500 rubles. A warning or a fine of 500 rubles awaits the driver who turned right in such a situation (Article 12.16.1.). The provisions of article 12.16.3. for driving towards one-way traffic, a fine of 5,000 rubles or deprivation of rights for a period of 4 to 6 months is provided; for repeated violation - deprivation of rights for up to 1 year.

Traffic Laws:

8.11. U-turn is prohibited:

at pedestrian crossings;
in tunnels;
at railway crossings;

Traffic Laws:

8.11. U-turn is prohibited:

at pedestrian crossings;
in tunnels;
on bridges, viaducts, overpasses and under them;
at railway crossings;
in places where the visibility of the road in at least one direction is less than 100 m;
at the stops of route vehicles.

8.12. ... Reversing is prohibited at intersections and in places where a U-turn is prohibited in accordance with paragraph 8.11 of the Rules.

Article 12.11, part 3

U-turn or entry of a vehicle into the technological gaps of the dividing strip on the motorway or reversing on the motorway shall entail the imposition of an administrative fine in the amount of 2,500 rubles.

Code of the Russian Federation on Administrative Offenses:

Article 12.14, part 1

Failure to comply with the requirement of the Rules of the Road to give a signal before starting to move, rebuilding, turning, turning around or stopping entails a warning or the imposition of an administrative fine in the amount of 500 rubles.

Article 12.14, part 1.1.

Failure to comply with the requirements of the Rules of the Road, with the exception of established cases, before turning right, left or making a U-turn, take the appropriate extreme position on the carriageway intended for movement in this direction, entails a warning or the imposition of an administrative fine in the amount of 500 rubles.

Code of the Russian Federation on Administrative Offenses:

Article 12.14, part 2

U-turn or reversing in places where such maneuvers are prohibited, with the exception of cases provided for by Part 3 of Article 12.11 of this Code, entails the imposition of an administrative fine in the amount of 500 rubles.

Code of the Russian Federation on Administrative Offenses:

Article 12.14, part 3

Failure to comply with the requirement of the Rules of the Road to give way to a vehicle enjoying the priority right of movement, except for the cases provided for by Part 2 of Article 12.13 and Article 12.17 of this Code, entails a warning or the imposition of an administrative fine in the amount of 500 rubles.

Code of the Russian Federation on Administrative Offenses:

Article 12.16, part 2

Turning left or making a U-turn in violation of the requirements prescribed by road signs or markings on the carriageway shall entail the imposition of an administrative fine in the amount of 1,000 to 1,500 rubles.

Code of the Russian Federation on Administrative Offenses:

Article 12.16, part 3

Driving in the opposite direction on a one-way road entails the imposition of an administrative fine in the amount of 5,000 rubles or deprivation of the right to drive vehicles for a period of 4 to 6 months.

Code of the Russian Federation on Administrative Offenses:

Article 12.16, part 3.1

Repeated commission of an administrative offense provided for in part 3 of this article shall entail deprivation of the right to drive vehicles for a period of 1 year, and in case of fixing an administrative offense by special technical means that have the functions of photo and film shooting, video recording, or means of photographing and filming, video recording - the imposition of an administrative fine in the amount of 5,000 rubles.

Code of the Russian Federation on Administrative Offenses:

Article 12.18

Failure to comply with the requirement of the Rules of the Road to give way to pedestrians, cyclists or other road users (with the exception of drivers of vehicles) who have the advantage in traffic, entails the imposition of an administrative fine in the amount of 1500 rubles.

Road with lane for route vehicles

In fact, a road with a lane for route vehicles, marked with the sign 5.11.1, is a one-way road along which a bus or trolleybus route is laid. Insofar as public transport must be able not only to drive “there”, but also to return back; for his return, a separate lane is allocated at the left edge of the carriageway. It is impossible to occupy this lane with ordinary vehicles, and in the remaining lanes you can only move in one direction. The same procedure is valid on a one-way road marked with sign 5.11.2, where the left lane is allocated for oncoming traffic of bicycles and mopeds.

Moving backwards by car is one of the most difficult and rather dangerous maneuvers for drivers. Of course, moving backwards allows you to conveniently park, and rear-view mirrors make it possible to assess the situation and the distance to nearby objects, cars, but in any case, such a maneuver is complicated and has a number of disadvantages:

When reversing, the driver must yield to all pedestrians and all vehicles.
Not all sections of the roadway (we will talk about this in more detail) reverse movement is allowed.
There is a high probability of an accident when moving backwards, so this maneuver requires the driver to be vigilant.

Let us dwell on the second point and determine where reversing is prohibited. What does the SDA say about this, what are the penalties for violation?

Where is it forbidden to reverse in traffic rules?

Paragraphs 8.12 and 8.11 of the SDA clearly state that moving backwards is prohibited at intersections and in places where U-turns are not allowed. But in the same paragraph of the Rules it is indicated that driving in reverse by car is allowed if the car does not interfere with other cars, pedestrians, etc. That is, this paragraph says that moving back by car is not allowed even in places where there are prohibition signs.

However, there are places where driving in reverse is prohibited:

Pedestrian zones.
Tunnels.
Railway crossings.
Crossroads.
Highways.
Overpasses, bridges, overpasses.
Sections of roads where visibility within a radius of 100 meters is limited.
Parking places for trolleybuses and buses.
Sections of the road with one-way traffic.

Specifically, in these places, where U-turns and reversing are prohibited, even paragraph 8.12 does not apply, according to which reversing can be carried out if it does not interfere with other drivers on the road.

At the pedestrian crossing

On the pedestrian crossing backward movement is extremely rare and completely illogical. But it happens that drivers miss the right turn. But even in the absence of pedestrians at the crossing and cars, it is impossible to take back. This is one of those places where reversing is strictly prohibited. If the driver breaks the rule, he faces a fine. Its size can be 500-2000 rubles.

At the crossroads

It is also forbidden to drive a car in reverse at an intersection. There are reasons for this. First of all, there is a limited view for the driver, as well as high traffic intensity. There is a high probability of getting into an accident in the case of moving backwards by car at an intersection. The blow can be delivered from any direction.

And although an intersection is one of those places where reverse driving is prohibited, not all road intersections are considered intersections. For example, the junction of a secondary road to the main one and exits to the courtyard area are not crossroads. But even in this case, you should be very careful when moving backwards, because. visibility for the driver will still be limited. In case of poor visibility, the driver must use the help of a third party, but this still will not serve as a reason for exemption from liability in the event of an accident.

Articles 12.13 and 12.14 of the Code of the Administrative Code of the Russian Federation categorically prohibit reversing at intersections and entail administrative punishment. It's about about a fine of 500-1000 rubles.

At the railroad crossing

Railroad crossings are areas where reversing is prohibited due to increased danger. It is also prohibited here to stop in the crossing area, turn around and move during the prohibition signal.

This rule is regulated by Article 12.19 of the AA Code. Violations can be punished with a fine. Its size will be 1000 rubles. Also, the traffic police inspector has the opportunity to deprive the driver's license for 6 months, and in case of repetition of this violation - for 12 months.

With one-way traffic

And although a one-way road is an area where reversing is prohibited by car, in case of a violation, one can refer to paragraph 8.12 of the SDA, which states that reversing is possible if it does not interfere with drivers on the road (or pedestrians).

If there was an obstacle for other road users when moving backward, then a protocol will be drawn up for the driver, and he will be forced to pay a fine of 500 rubles.

By motorway

Given the fact that the motorway is a zone of traffic with increased speed, the penalties for violations are tougher here. Reversing and turning on the motorway are also prohibited. In case of violation, the driver will have to pay a fine of 2500 rubles.

Where is it allowed?

All reversing prohibitions exist solely for the purpose of ensuring traffic safety on the roads. Due to the rapid development of the market and the rise technical parameters cars require tougher penalties for traffic violations. However, punishments and prohibitions do not protect a person from the risk of an accident in case of violation of the rules.

As for driving backwards in a car, this is allowed in almost all situations except those presented above. To summarize, reversing is regulated by two points of the SDA. Therefore, even when driving on a one-way lane, drivers have the right to reverse, but only if there are no other cars behind.

Many drivers get the impression that the list of prohibitions and fines for driving a car in reverse generally prohibits reversing. But actually it is not. When there is an objective need, then reverse movement is possible if this does not interfere with other drivers or pedestrians. However, the places described above are places where reversing is strictly prohibited in Russia, and clause 8.12 does not apply there, which allows movement provided there are no other cars.

Finally

Quite often, traffic police inspectors fine drivers for driving in reverse. However, some car owners are quite savvy and can safely refer to paragraph 8.12, proving that their maneuver did not interfere with other drivers on the road.

Note that it was precisely in order to avoid abuse of the rules that the Decree referring to paragraph 8.12 was issued. In accordance with the Decree, the reverse movement of vehicles is allowed, if this does not interfere with drivers or pedestrians. However, if the traffic police inspectors regard this as a violation, then the driver will have to prove that he acted because of objective necessity, and that at the same time he did not interfere with other drivers. However, no rule or law stipulates the degree of objectivity, so quite often drivers manage to avoid fines for such an offense. Take note, but unless absolutely necessary, do not reverse your car in places where it is forbidden to do so.