A financial penalty will be imposed on the driver for such an administrative offense concerning the passage of regulated intersectionsin the amount of 1 thousand rubles.
As indicated in the SDA, unregulated intersection becomes if the traffic light does not work or is disabled (this is indicated by a flashing yellow) and there is no traffic controller. In these conditions, drivers are required to comply with general rules priority of passage of unregulated intersections of carriageways and comply with the requirements of the corresponding signs. If they are not installed, the intersection is considered equivalent and must also be crossed according to the standard traffic rules:
- Yield the right to cross the intersection first to those vehicles that are moving in the “oncoming” or on the right. The same principle applies to trams.
If the traffic light is equipped with an arrow and it lights up green at the main prohibitory signal, then the drivers moving in the direction indicated by it are obliged to give the right to pass the intersection to those cars that go green at that time.
If the signal of the traffic controller or traffic light allows trams and vehicles to travel at the same time, then rail vehicles have priority regardless of the direction in which they are moving. But if the tram goes to green in the direction of the arrow, and the traffic light prohibits movement directly (the signal is red or yellow), then it will still have to give way to those vehicles that travel in other directions to their legal “green”.
- If the green light has already turned on for you, you cannot start moving without first giving the opportunity to complete the maneuver to the vehicles that have entered the intersection. Also, the driver should wait until the pedestrians have finished crossing the road.
All of the above applies to controlled intersections. If we are talking about a road crossing without a traffic light or a traffic controller, then the driver must:
- Follow main road rule, yielding the right of way to the intersection, regardless of whether they cross the intersection in a straight line or turn. At the same time, the tram receives priority over wheeled transport, which move along an equivalent road (the direction in which the tram is traveling does not matter).
- If a main road makes a bend, then drivers traveling on it must apply algorithm for crossing equivalent intersections: those who turn off the main one will have to give way to oncoming people driving along it. Drivers vehicle on a secondary road, if it changes direction, the same principles should be applied.
- If priority signs are not installed or the driver is unable to visually determine the nature road surface (snow, darkness, etc.), then when approaching the intersection, he must be guided by the assumption that you are on a minor road.
- Encyclopedia of Judicial Practice. Administrative offenses in the field of road traffic. Violation of the rules for crossing intersections (Art.12.13 of the Administrative Code)
- 1. The legislator does not specify the location of the congestion, which forced the driver to stop, creating an obstacle to the movement of vehicles in the lateral direction
- 2. To qualify the actions of a person under Part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation, it is necessary to establish whether another vehicle used the priority right of passage through the intersection, whether an obstacle was created for it
- 3. Composition of the offense under Part 2 of Art. 12.13 of the Administrative Code of the Russian Federation is formal and is considered completed from the moment of violation of the requirements of the Traffic Rules to give way, regardless of the occurrence of any consequences due to such violation
- 4. The subjective side of the administrative offense under Part 2 of Art. 12.3 of the Administrative Code of the Russian Federation, characterized by intent or negligence
- 5. Bringing a person to administrative responsibility under Art. 12.24, 12.13 of the Administrative Code of the Russian Federation in connection with the same violation of the Traffic Rules is not allowed
- 6. It is allowed to retrain the actions of a person from Part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation on Part 1 of Art. 12.13 of the Administrative Code of the Russian Federation
- 7. To establish the guilt of a person in the commission of an administrative offense provided for in part 2 of Art. 12.13 of the Administrative Code of the Russian Federation, an auto-technical examination is not required
- 8. When considering an administrative offense under Part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation, an assessment of the actions of a driver moving along the main road and having an advantage in movement is not given
- 9. A driver who goes out into the street in violation of the road sign "No entry" does not have a preferential right of movement, so another driver is not obliged to give him the road
Encyclopedia judicial practice
Administrative offenses in the field road traffic... Violation of the rules for crossing intersections
(Article 12.13 of the Administrative Code)
1. The legislator does not specify the location of the congestion, which forced the driver to stop, creating an obstacle to the movement of vehicles in the lateral direction
The place of the traffic accident not at the intersection itself, but at the exit from it also does not affect the qualification of [full name] actions under Part 1 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation, since the congestion often occurs not at the intersection itself, but directly behind it, therefore the driver of the vehicle must predict a possible resolution of the situation and not allow the exit to the intersection in the event of a congestion, which can create an obstacle to the movement of vehicles in the transverse direction.
2. To qualify the actions of a person under Part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation, it is necessary to establish whether another vehicle used the priority right of passage through the intersection, whether an obstacle was created for it
To qualify the actions of a person under Part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation, it is necessary to establish whether the other vehicle used the priority right of passage through the intersection.
To hold the driver accountable under Part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation for violation of clause 13.9 of the Traffic Regulations of the Russian Federation, an unconditional confirmation is necessary that an obstacle was created for a car moving along the main road and he was forced to change the direction of movement or speed, and that this circumstance took place at the intersection of unequal roads.
3. Composition of the offense under Part 2 of Art. 12.13 of the Administrative Code of the Russian Federation is formal and is considered completed from the moment of violation of the requirements of the Traffic Rules to give way, regardless of the occurrence of any consequences due to such violation
The composition of the [full name] offense is formal. The objective side is expressed in the failure to comply with the requirements of the Road Traffic Regulations to give way to a vehicle enjoying the preferential right of movement, and the consequences of such failure (collision of vehicles, etc.) are not a sign of it.
The composition of the administrative offense under Part 2 of Art. 12.13 of the Administrative Code of the Russian Federation is formal.
4. The subjective side of the administrative offense under Part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation, characterized by intent or negligence
Bringing a person to administrative responsibility under Art. 12.24, 12.13 of the Code of Administrative Offenses of the Russian Federation in connection with the same violation of the Traffic Rules does not meet the requirements of clause 7 of part 1 of Art. 24.5 of the Administrative Code of the Russian Federation [_].
By the decision of the judge of the Oktyabrskiy District Court of Krasnodar of October 23, 2009, upheld by the decision of the judge of the Krasnodar Regional Court of January 26, 2010, G. was found guilty of committing an administrative offense under Part 1 of Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, and subjected to administrative punishment in the form of deprivation of the right to drive vehicles for a period of one and a half years. By the decision of the Deputy Chairman of the Krasnodar Regional Court, these court decisions were left unchanged.
The judge of the Supreme Court of the Russian Federation, having examined G.'s complaint against the court rulings, indicated the following.
Compositions of administrative offenses under Part 2 of Art. 12.13 and part 1 of Art. 12.13 of the Administrative Code of the Russian Federation, have a single generic object, the sanction of Part 1 of this Article provides for a similar type and amount of administrative punishment. The jurisdiction of this case does not change as a result of changes in the qualifications of the [full name] actions.
Consequently, the re-qualification of actions [full name] from Part 2 of Art. 12.13 on part 1 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation is consistent with the requirements of paragraph 2 of Part 1 of Art. 30.7 of the Administrative Code of the Russian Federation and clause 20 of the resolution of the Plenum of the Supreme Court Russian Federation dated March 24, 2005 N 5 "On some issues arising from the courts when applying the Code of the Russian Federation on Administrative Offenses."
7. To establish the guilt of a person in the commission of an administrative offense provided for in part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation, an auto-technical examination is not required
The arguments of the complaint that in order to establish all the circumstances in the case it is necessary to appoint an auto-technical examination are not taken into account, since there is no need for special knowledge in the field of motor vehicles to establish [full name ]'s guilt in committing an administrative offense under Part 2 of Article 12.13 of the Administrative Code of the Russian Federation.
8. When considering an administrative offense under Part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation, an assessment of the actions of a driver moving along the main road and having an advantage in movement is not given
The question of the causal relationship between a person's violation of the Road Traffic Rules and the infliction of material damage resulting from a road traffic accident, when considering an administrative offense case [under Part 2 of Art. 12.13 of the Code of Administrative Offenses of the Russian Federation] (complaints against a resolution in a case of an administrative offense) is not resolved, just as it is not established that the collision is the fault of another participant in the road traffic accident.
Thus, in this case, the actions [FULL NAME1] matter, their compliance with the requirements of the Traffic Rules, in this regard, the assessment of the actions of the driver [FULL NAME2], moving along the main road and having an advantage in movement, is not given, the degree of guilt of the road traffic participants collision incidents are undetectable.
The issue of establishing the guilt of the second participant in the accident cannot be the subject of consideration of this case [about an administrative offense under Part 2 of Art. 12.13 of the Administrative Code of the Russian Federation], since in accordance with the provisions of Art. 30.1 of the Code of Administrative Offenses of the Russian Federation can be appealed against the decision in the case of an administrative offense or in accordance with the provisions of Part 1 of Art. 28.5 of the Code of Administrative Offenses of the Russian Federation, ruling on the refusal to initiate proceedings on an administrative offense.
The composition of the imputed [full name] administrative offense does not imply the need to establish the fact of a road traffic accident and its perpetrators, otherwise it would mean going beyond the disposition of Part 2 of Art. 12.13
9. A driver who goes out into the street in violation of the road sign "No entry" does not have a preferential right of movement, so another driver is not obliged to give him the road
The materials of the case allow us to conclude that at the time of the circumstances related to the event of the imputed [FULL NAME1] administrative offense, [st. 1] was not put into operation, the entrance to it from [st. 2] was banned. In the current road situation, the driver of the car [FULL NAME2], moving on [st. 1] and who entered it in violation of the road sign 3.1 "Entry prohibited", did not have the preferential right of movement, and the driver of the car [FULL NAME1], following on [st. 3], there was no obligation to make way for him.
For going to [st. 1] in violation of the requirements of road sign 3.1 "No entry" of Appendix No. 1 to the Traffic Regulations [FULL NAME2] was brought to administrative responsibility by the inspector's decree under Part 1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation.
Under the above circumstances, the conclusion officials and the courts of violation of [FULL NAME1] paragraph 13.11 of the Traffic Rules and the presence in his actions of the objective side of the administrative offense provided for in Part 2 of Article 12.13 of the Code of Administrative Offenses of the Russian Federation is unfounded.
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In this article, we will consider the legislation in force for 2018 in the field of carriage of passengers by personal and commercial vehicles, namely, how many passengers can be transported in a particular car, what is the penalty for transporting excess passengers.
Let's take a look at a few common examples. You are the owner passenger car, and you want to carry more passengers than is provided by the design. Is this permitted by the Road Traffic Rules?
Prohibition of carriage of extra passengers in traffic rules
We will quote clause 22.8 of the SDA:
22.8. It is forbidden to transport people:
outside the cab of the car (except for the cases of transporting people in the body of a truck with an onboard platform or in a van body), a tractor, etc. self-propelled machines, on cargo trailer, in a trailer-dacha, in the back of a cargo motorcycle and outside provided by the design motorcycle seating;
in excess of the amount provided technical characteristics vehicle.
Every car has technical certificate, in which the manufacturer prescribes the prescribed number of seats. In addition, there are official guides automotive Institute US, on the basis of which the traffic police inspector can also find out how much passenger seats provided in a particular car. Often this information is duplicated in the TCP, in column 3. Type of vehicle or special marks, for example, "van with the right to transport 6 people".
Usually, cars are produced in five-seater: two seats in front and a three-seater sofa in the back. Each seat is equipped with its own seat belt, so if the number of passengers is exceeded, someone will not get the seat belt.
Buses often have standing areas for passengers.
Consider paragraph 22.3 of the SDA:
22.3. The number of people transported in the back of a truck, as well as in the cabin of a bus carrying out transportation on an intercity, mountain, tourist or excursion route, and organized transportation groups of children should not exceed the number of seats equipped.
As it becomes clear from this point of traffic rules, there can be no standing places when transporting people in the back of a truck, on intercity bus transport, in tourist and sightseeing buses, as well as when transporting children.
Well, in other cases (commercial transportation in the city, transportation of workers to the place of work, etc.), standing passengers are allowed within the limits of standing places permitted by the data sheet.
Extra passenger fine in 2017
If the rules for transporting people are violated, the driver of the car is considered guilty. He is punished under Art. 12.23 Administrative Code:
1. Violation of the rules for the transportation of people, with the exception of cases provided for by parts 2-6 of this article, -
entails overlapping administrative fine in the amount of five hundred rubles.
Thus, it does not matter how many passengers are traveling in excess of the norm: at least one, at least ten. The fine for violation of the transportation rules will still be 500 rubles.
Along with the fine for "overloading" passengers, the traffic police inspector may issue a fine for the transportation of unfastened passengers:
Article 12.6. Violation of the rules for using seat belts or motorcycle helmets
Driving a vehicle by a driver who is not wearing a seat belt, transporting passengers not wearing seat belts, if the design of the vehicle provides for seat belts, as well as driving a motorcycle or moped, or transporting passengers on a motorcycle without motorcycle helmets or in unfastened motorcycle helmets -
shall entail the imposition of an administrative fine in the amount of one thousand rubles.
As can be seen from the text, if the vehicle is equipped with seat belts, all passengers must be fastened.
Penalty for violation of the rules for transporting children
Within the framework of the situation under consideration with an excess of the number of passengers of the permissible norm, you can turn to the option when there is a child in the car, and he is not transported in child seat, and on the lap of one of the passengers, since all other seats are taken.
A separate traffic rules point is responsible for transporting children in a car.
22.9. Transportation of children is allowed provided their safety is ensured, taking into account the design features of the vehicle.
The transportation of children under 12 years of age in vehicles equipped with seat belts must be carried out using child restraints appropriate for the child's weight and height, or other means that allow the child to be fastened using the seat belts provided for by the vehicle design, and front seat a car - only with the use of child restraints.
If there is a child in the car who is not fastened with a special restraint device, the private driver will be punished under Art. 12.23 a fine already for 3000 rubles, regardless of the number of incorrectly transported children.
Article 12.23. Violation of the rules for transporting people
3. Violation of the requirements for the carriage of children established by the Traffic Regulations -
shall entail the imposition of an administrative fine on the driver in the amount of three thousand rubles; for officials - twenty five thousand rubles; on legal entities - one hundred thousand rubles.
Note separately that if the vehicle is not equipped from the factory with seat belts (some old models), it is impossible to bring the driver to responsibility (fine) for unfastened passengers, whether they are adults or children.
One of the priority areas of road safety is to ensure the safety of the life and health of passengers, as well as other road users.
The transportation of people in the back of a truck is regulated by the Road Traffic Rules and Basic Provisions.
Transportation must meet all the requirements set out in the traffic rules in order to avoid harm to the health of passengers.
Driver requirements
The rules for the carriage of people in the back of a truck (22.1 SDA), in force from 25.07.2017, establish that a driver with a certificate granting the right to drive cars of the following categories can carry passengers in the back:
- category "C" - up to 8 people (including passengers in the cabin);
- categories "C", "C1", "D1" - from 8 to 16 people;
- category "D" - from 16 people.
Under what conditions is it allowed to transport people in truck bodies? According to clause 4 of the Basic Provisions of the Traffic Rules, the carriage of passengers is allowed only in a specially equipped body.
The truck body must meet the following requirements:
The sides and seats must be smooth without protruding sharp parts. For boarding (disembarking) people, the body is equipped with a ladder, which is attached from the side of the tailgate, on the right side with respect to the movement.
The side locks must be closed and additionally fixed to prevent accidental opening while driving.
A mandatory requirement is the presence of a fire extinguisher (with a capacity of 2 liters) and a first aid kit in the body.
Video: Transporting People
Before boarding a body equipped for transportation, a body supervisor or a truck driver is instructed on the rules for boarding, placing and disembarking, as well as the rules of behavior while driving.
Embarkation and disembarkation are permitted only from the sidewalk, in the absence of vehicle movement. All movements of passengers can occur only during a stop, with the permission of the body supervisor. The number of passengers cannot exceed the number of seats.
In the back of the truck, the civil carriage of children is strictly prohibited.
When transporting people in the back of a truck, there are several restrictions:
- piercing and cutting tools must not be transported without a cover or in open boxes;
- do not move on the body, lean against the sides, sit on them or bend over the side walls while the vehicle is in motion.
If the body of a cargo vehicle with an on-board platform is not equipped with means to carry people, only a certain category of passengers is allowed to be carried in it.
These are the people who provide the escort of the cargo or the persons who follow the receipt. The seating position for such passengers must be at least 15 cm below the board level.
Truck towing
Is it allowed to transport people in the back of a truck when towing? According to clause 20.2 of the SDA, the presence of passengers in the back of a towed truck is unacceptable for any method of towing.
People can only be in the body of the towing vehicle if towing is carried out on a flexible or rigid hitch. If towing is carried out by partial loading, passengers are prohibited from being in both vehicles.
What is the threat to the driver who violates the rules of transportation and what is the fine for transporting people in the back of a gazelle or other truck?
In 2019, the Code of Administrative Offenses of the Russian Federation provides for the following administrative punishment:
Administrative offenses that are subject to a fine also include the absence or violation of pre-trip and post-trip technical inspection car and medical examination of the driver.
If the body of the truck is equipped in accordance with the rules established by the traffic rules, and the driver and passengers comply with all transportation requirements, there are no restrictions on such transportation of people.
An exception is the carriage of children, which can only be carried out in the cab of a truck. To ensure their safety, children must be in a car seat or held by other special equipment and seat belts.
What can you not see on the road. There are times when extreme people drive not only in the overloaded car interior, but also on its hood and even the roof. Such phenomena are far from uncommon, and this applies not only to large cities, but also to very small settlements. And if violators of their megacities are quite easy to catch and punish, then in small settlements - this is not an easy task, because there are no surveillance cameras and so many traffic policemen on the roads.
Ban on the carriage of excess passengers from clause 22.8 of the SDA
So that some thrill-seekers do not have the opportunity to break the established rules, this law exists. It states that the ban on the transport of people outside the cab is prohibited. The exception is freight car with a special platform equipped with sides, with a body in the form of a van. The ban applies to vehicles such as:
- tractor,
- other self-propelled mechanisms,
- trailers for goods and trailers - houses,
- and all types of motorcycles if they do not have seats in their design.
If the technical documentation of a particular vehicle provides for a certain number of people who can be transported, this installation should be performed. In some cars, for example, in public transport, standing places are allowed, but this is determined by the design of the car itself.
There are times when it is necessary to put a passenger in excess of the established norm, as they say, we are all people ... And the sixth ride in passenger car This is far from a rare case, especially when it comes to delivering a company home after Sabantuy. In this case, drive only in the right lane and observe speed mode no more than 50 km per hour. This will allow not to attract the attention of the traffic police inspector, keep the overloaded suspension and the car as a whole, and, most importantly, deliver all passengers intact and safe.
Amount of penalties for an extra passenger
Article 12.23 of the Code of Administrative Offenses of the Russian Federation provides for punishment for transporting unnecessary citizens to passenger car... For each "head" you will face a fine of 500 rubles.
Important! An extra passenger, by default, cannot be fastened with a seat belt, for this additional penalties will be imposed, namely: the driver will suffer 1,000 rubles, and the one who is superfluous will have to fork out another 500 rubles.
The arithmetic is simple, at the risk of taking an extra rider into the car, you can suffer a total of 1,500 rubles.
Administrative Code of the Russian Federation, Article 12.23. Violation of the rules for transporting people
Violation of the rules for the transportation of people, with the exception of cases provided for by parts 2-6 of this article, - shall entail the imposition of an administrative fine in the amount of five hundred rubles.
Transportation of people outside the cab of a car (except for cases permitted by the Road Traffic Regulations), a tractor, other self-propelled vehicles, on a cargo trailer, in a caravan, in the body of a cargo motorcycle or outside the seats provided for by the design of a motorcycle - shall entail the imposition of an administrative fine in the amount of one thousand rubles
.
As for fines for overloading, here it is more likely to deal with oversized cargo and vehicles intended for the transportation of cargo materials.
Penalty for transporting people outside the cabin
Here it just concerns those who are cramped in the cabin, or who wanted to experience the thrill. For passengers traveling in the trunk or on any other part of the car, a penalty is provided in the form of a fine of one thousand rubles. Here is the article on transportation extra passenger, but since its location is incorrect and rather extreme, the amount grows.
In cases with trucks there may also be a violation and a subsequent fine. If the number provided by those. the characteristics of the car of passengers will be in excess of the norm, the driver must be punished with a fine.
Important! If in the old days the passengers themselves paid fines for incorrect transportation, now the driver himself suffers. In cases with a number of violations, the total amount may be added up, it depends on each specific case on the road.
How to transfer four or more children
In order for you to be able to transport more than four children and not violate the DD rules, you should have a specially equipped car.
- the vehicle itself is allowed to transport children if it has no more than 10 years of operation;
- it must accommodate the required number of landing spots, ensuring comfortable movement on the road;
- if the trip is planned for a long time, more than 12 hours on the road, there must be a place where the driver could have a good rest;
- children must be accompanied by a person with a whole package of documents: a list of children, medical and patrol accompanying certificates, a timetable and stops, telephones emergency services, a list of accompanying people.
- Drivers are required to have documents for category "D", permanent experience of at least a year without any traffic violations.
If there are children over six years of age in the car, rest breaks should be taken every 4 hours. Transportation of minors at night is not permissible, if it is not forced transfers to the airport or train station.
For transportation of children, mini buses or Gazelle cars are usually used.
To some it may seem that such a list of necessary conditions makes things too complicated. Perhaps so, but the life and health of our children on the road entirely depends on the skills of the driver and the state of the transport. Such requirements were born for a reason. Every year, a large number of children die in an accident, so the transportation of young citizens should be taken very seriously.
Outcome
Every driver is obliged to observe safety precautions on highways or city roads, regardless of which car he is driving. Only by respecting the traffic rules, the rest of the participants in the movement will be able to protect ourselves and our families from accidents or troubles associated with penalties. Remember that on the road you are responsible not only for your own safety, but also for the safety of all motorists and pedestrians!
