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Road owners will begin to receive fines for illegal restrictions – Rossiyskaya Gazeta

Date: July 12, 2024 Time: 17:32:07

This bill has already become a high-profile issue. But only in the part that refers to fines for those who drive electric scooters and other personal mobility devices. And also in the part that refers to the transfer of powers to impose certain fines from the traffic police cameras to the regional authorities. However, another important innovation was ignored. These are fines for violating traffic laws. Until now, fines of this type do not appear in the Code of Administrative Offenses.

When such violations were detected, the State Traffic Inspectorate sent an order to the relevant authorities demanding their elimination. But if the order was not followed, road owners could be held financially responsible. But precisely because of its non-compliance.

Now the authors of the bill propose to introduce a new article 12.40 in the Administrative Code. For non-compliance with the requirements of the legislation in the field of traffic management, it provides for a fine for officials from 10 to 15 thousand rubles, and for legal entities – from 30 to 50 thousand.

What is meant by this point is quite difficult to understand. The explanatory note, for example, talks about the serious shortage of bicycle lanes. However, their presence or absence is not regulated by any law.

But the second paragraph of this future article of the Code of Administrative Offenses will be of interest to all drivers. It refers to “the placement on the road of technical means of traffic management that are not provided for in the documentation for traffic management.” These include signs, markings and traffic lights. That is, if the organizational scheme does not provide for a sign limiting the speed to 40 km/h or prohibiting stopping, then these signs should not be there. And if they appeared there without making changes to the scheme or without a temporary scheme for organizing traffic, then this is a violation. And a fine will be imposed if the corresponding modifications to the law are approved.

The fact is that these restrictive signs appear on the roads quite often. But not only. Immediately after such a signal, as a rule, a camera appears. Also, signs may not be installed in accordance with GOST. For example, we stipulate that the speed should decrease gradually. For example, a 40 km/h sign cannot appear immediately after a section with a speed limit of 90 km/h. First you have to reduce the speed to 70 km/h, then to 50 and only then to 40. As a result, motorists are forced to pay fines that are not entirely legal. So far, road workers care little about these subtleties. Until they started issuing fines.

Courts also take different stances on this issue. Some believe that since there is a sign, the driver must unconditionally comply with the requirements of it. Others take the side of the drivers, since, according to the traffic plan, the sign should not be there. This means that the driver was brought to justice illegally.

There was such a case: a driver was stopped for allegedly speeding. They say that traffic in this area is limited to 40 km/h. The driver demanded to see the sign that establishes said restriction. The inspectors accompanied him to the intersection, but they did not find the sign. It was a temporary sign that workers removed while inspectors arrived.

-And where is the poster? – asked the driver.

– There is no sign. Do you want me to show you the hole in the sign? – asked the inspector.

Another part of the new draft article contains sanctions for those who have not met the requirements set out in the traffic management documentation. For officials, a fine of 30 to 50 thousand rubles is provided. For legal entities: from 200 thousand to 500 thousand rubles. In this case, everything is clear. A cycle lane is drawn in the diagram, but in reality there is none. Or the plan provides for a ban on parking vehicles, but this requirement is not met on the road. This is what road owners will be held accountable for.

And now who will be responsible under this bill? And this is proposed to be done by regional executive authorities and local governments in the field of traffic management. In fact, it is the road owners themselves who make decisions on the organization of traffic and approve it. In part, this story is similar to the story of the widow of a non-commissioned officer who whipped herself.

It must be said that the government generally supported the bill. But – with some clarifications. In particular, the government believes that fines for violations in the field of traffic management cannot refer to chapter 12 of the Code, “of the driver.” But it’s not a problem. The complete article may be transferred to chapter 11 of this Code. And this can be done by second reading.

* This website provides news content gathered from various internet sources. It is crucial to understand that we are not responsible for the accuracy, completeness, or reliability of the information presented Read More

Hansen Taylor
Hansen Taylor
Hansen Taylor is a full-time editor for ePrimefeed covering sports and movie news.

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