Many accidents and injuries occur due to drivers not giving way in designated areas. Moreover, the fine “failure to give way” is a minor punishment, rather a preventive one. After all, everyone must yield to pedestrians at crosswalks and to vehicles if there are signs or an advantage.
An administrative penalty may be imposed if:
- do not give way to special vehicles;
- to another vehicle;
- pedestrian or cyclist.
The most unpleasant situation for the driver is the so-called “chain letters”, when photo recording has registered a violation. In order not to wait for a letter with the administrative protocol, it is best to install SMS notifications about fines in your mobile banking application. Then, if you agree with the offense, you can pay the fine with a bank card using a few keystrokes. This will allow you to avoid the accrual of penalties and quickly find out about the existence of an administrative protocol. It will be easier to challenge it if it was issued unfairly.
Failure to give way to a vehicle
If you do not give way to a vehicle, then the fine will be 1000 rubles. In order to avoid it, you must follow the rules for driving through intersections, respecting the right of way, and follow the signs (for example, “Give way”) and markings.
But sometimes, due to damaged road markings and lack of warning signs, it is difficult to figure out who should give way.
Failure to give way to a pedestrian/cyclist
The fine when the right of way was not given to a pedestrian or cyclist is higher. It is 1500 rub.
Many legislators believe that it should be significantly increased.
This is possible in the near future, since there are too many cases of fatal injuries to citizens right at a pedestrian crossing. Therefore, you should not so much be afraid of fines as remember the possible consequences of incorrect driving.
Did not give way to special vehicles
If a vehicle is moving with flashing lights and special inscriptions on, it must give way. The siren, beacons, etc. are on. - this is what the requirement to give way means. Most often (if it is not a police or traffic police vehicle), special vehicles (ambulances, fire trucks) have to additionally honk and make their way through.
This should not happen, but fining everyone on the road at this time is not fair. Therefore, ambulances, fire engines and other emergency vehicles arrive at the scene late due to the fault of drivers who do not respect the rules.
And the driver, who clearly did not give way to special vehicles, pays only 500 rubles. fine. Or maybe deprived of 1 to 3 months driving licence.
How to reduce the fine?
Due to the extremely low level of payment of fines in the Russian Federation, it is possible to reduce the amount of payment by half. This also applies to administrative protocols when a person fails to give way. To do this, you need to pay half of the fine within 3 days.
It is planned to equip traffic police vehicles with special terminals, which will be under full video control. With their help, it will be possible to pay fines on the spot without violating legal norms.
Protection of rights in case of unfair fine
If there is any doubt about whether the “give way” sign is installed correctly, then need to take a photo of it. To attempt find witnesses, which will confirm exactly the position of the sign that violates the traffic rules.
The same applies to erased markings. Her photo recording can become a decisive argument during the trial. Next to the objects being photographed, you should place today's newspaper or any item that confirms the date.
If you are sure that you are right, but do not understand the “paperwork,” then you can always contact a qualified auto lawyer.
Despite the fact that the road is intended primarily for the movement of vehicles, this does not give the latter absolute priority while on it. If there are special installed signs or other conditions specified in the law, the driver is obliged to give way to other road users. Moreover, these can be car drivers, cyclists and pedestrians.
If these requirements are violated and traffic signs are ignored, the driver may be fined. Its size depends on the type of violation and the specific circumstances of the case.
What is the fine if you don’t give way?
The amount of the fine for failure to provide priority right of way depends on which vehicle the violation was committed against. It can be:
- Did not give way to special vehicles or another car that has the right of priority - fine 500 rubles. This punishment is established in Part 3 p. 12.14 of the Code of Administrative Offences. In addition to such a small fine, the driver can also expect a more serious, non-financial punishment - deprivation of a driver’s license for a period of 1 to 3 months. However, in some cases, all that can be done is a warning.
- Failure to give way to another car at an intersection - a fine of 1,000 rubles. This punishment is established by Part 2 of Art. 12.13 of the Code of Administrative Offences.
- Failure to give way to a pedestrian or cyclist - fine 1,500 rubles. This is determined by Art. 12.18 of the Code of Administrative Offenses .
The last fine, although higher than other similar measures, is still not large enough. Since this violation is the most common cause of harm to health and even death of pedestrians, proposals to increase it have already been made many times.
Legal requirements and regulations
Some road users have certain priorities over others when driving on the road. These include:
1. Cyclists. Since a bicycle is a vehicle, it is subject to most of the rules and requirements established by the Rules of the Road. However, this vehicle also has some advantages over other road users. In particular, car drivers are required to give way to cyclists in the following cases:
- at a crossroads;
- at the turn.
IMPORTANT! In addition, since a cyclist can quickly become a pedestrian (if he gets off his bike and drives it), he will also have priority right of way in the pedestrian crossing.
2. Other cars. Other road users may have the right to priority passage under the following conditions:
- while driving through intersections;
- in order to maintain the right of way for those vehicles that have the right to do so;
- in the presence of special markings;
- when sign 2.4 “Give way” is installed.
IMPORTANT! The last sign is designed in the form of a red inverted triangle and is installed before or shortly before the intersection in combination with some other signs.
3. Special transport. Special vehicles include cars that are marked with special inscriptions or move with flashing lights or sirens. For example, this could be ambulances, police, firefighters. When these vehicles appear on the road, all other drivers must give way to them.
4. Route taxis. In addition to general situations, this type of vehicle has the right of way if it begins its movement from a stop (within a populated area).
5. Pedestrians. They also have the right of priority to cross the road if there are special markings (zebra crossings) and an established road sign. In this case, the driver must allow only the pedestrian who stepped on the road in the right place and began moving along it.
In case of failure to comply with the established requirements and violation of the rules for granting the right to priority traffic, the driver may be fined.
Ways to avoid a fine
Most often, notices of fines for violations when the driver does not give way come to him by mail and are quite unexpected. This is due to the fact that many such violations are recorded using photo and video equipment. In some situations, there was no violation as such - for example, there was no special sign or the road markings were erased.
In any of these cases, the driver will be able to challenge the imposed fine only in court. To do this, he will need to prepare evidence that he is right, for example:
- photograph erased road markings;
- find witnesses;
- take a photo of the location of the violation, confirming the absence of a road sign, etc.
Only with convincing evidence will the driver be able to prove that no violation was committed. Also, to avoid a fine, you should always comply with the requirements of existing signs, markings and established travel rules. This will help not only prevent possible punishment, but also significantly reduce the likelihood of an accident.
On July 26, 2014, R., while driving a car, decided to turn left and make a U-turn. The flow of vehicles slowly moved along the oncoming lane towards the railway crossing. The truck driver, moving in the opposite direction, stopped to let R through. However, a car driven by Y. was moving along the side of the road, which the driver did not see due to the size of the truck allowing him to pass. As a result, R. and Y.’s vehicles collided.
The traffic police officer who arrived at the scene of the accident considered that R. had not complied with the requirement to give way to Ya.’s car, which had the right of way (). This served as the basis for bringing R. to administrative responsibility with the imposition of punishment in the form of a warning ().
The driver was convinced that he had not committed a traffic violation, since Ya, who was driving along the side of the road, did not have any advantage in traffic, and therefore decided to appeal the decision. At the court hearing, Ya., in turn, explained that R. chose the wrong trajectory, did not calculate the turning radius, drove onto the side of the road and did not give way to his car, which was moving in the opposite direction, moreover, on the right side. The traffic police officer who made the decision in the case of an administrative offense confirmed that the car of driver Y. was moving in the opposite direction to the car of driver R., which means that the latter actually violated the traffic rules. The court drew attention to the fact that the information specified in the road accident diagram, together with the explanations of the participants in the incident, clearly confirm the fact of violation of R. Traffic Regulations. The court considered the arguments of the driver’s complaint to be unfounded, since performing a maneuver in the form of a U-turn does not imply going to the side of the road in the opposite direction, while R., without completing the maneuver and not getting into the lane of oncoming traffic, pulled off to the side of the road without being convinced of the safety of this action. At the same time, in cases where the trajectories of vehicles intersect, and the order of passage is not specified by the traffic rules, the driver to whom the vehicle is approaching from the right must give way ().
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As a result, the decision in the case of an administrative offense was left unchanged (decision of the judge of the Bogatovsky District Court of the Samara Region dated September 9, 2014 in case No. 12-12/2014).
An appeal against the decision and this judicial act in higher courts also did not lead to the desired result - they were left unchanged (decision of the judge of the Samara Regional Court dated November 6, 2014 in case No. 21-605/2014, resolution of the Deputy Chairman of the Samara Regional Court dated 4 March 2015 in case No. 4A-128/2015).
Nevertheless, R. decided to defend his violated rights, as he believed, to the last and filed a complaint with the RF Armed Forces, insisting on the cancellation of the decision made against him in the case of an administrative offense and judicial acts, considering them illegal.
Position of the RF Armed Forces
The Supreme Court of the Russian Federation did not agree either with the decision of the traffic police officer to bring R. to administrative responsibility, or with the judicial acts of the lower courts that left this decision in force ().
The court drew attention to the fact that when bringing a person to administrative responsibility, first of all, it is necessary to identify the causes and conditions that contributed to the commission of the offense (). In addition, the guilt of the person in its commission must be established ().
When turning left or making a U-turn outside an intersection, the driver of a trackless vehicle is required to give way to oncoming vehicles and a tram in the same direction (). Give way - a requirement that means that a road user must not start, resume or continue moving, or carry out any maneuver if this may force other road users who have priority over him to change direction or speed (). Advantage, in turn, recognizes the right to priority movement in the intended direction in relation to other road users.
The fact that Y. was driving along the side of the road is confirmed by both his own explanations and the testimony of R, as well as photographic materials and a diagram of the accident scene, in which the location of the collision is recorded on the side of the road. The participants in the incident were familiar with the contents of this diagram and agreed. At the same time, as a general rule, the movement of vehicles on the roadsides is prohibited ().
The shoulder is an element of the road that is directly adjacent to the roadway at the same level with it, differing in the type of coating or highlighted by markings and used for driving, stopping and parking in accordance with traffic rules ().
In this traffic situation, driver Ya., moving along the side of the road, did not have the right of way, and R., when turning left into the adjacent territory outside the intersection, had no obligation to give way to a vehicle moving on the side of the road in the opposite direction.
Thus, the Supreme Court of the Russian Federation canceled the decision in the case of an administrative offense, as well as the judicial acts of the lower courts, and terminated the proceedings in the case against R.
Thousands of people die on the roads every year, usually due to non-compliance with traffic rules. Statistics for 2017 show a 10% decrease in the number of fatal accidents compared to 2016. An increase in the size of fines for drivers for traffic violations plays a significant role in the positive dynamics.
According to the traffic rules, there is a list of circumstances in which the driver is obliged to give way to persons who have the right of way.
General information
The requirement stated in the traffic rules as "give way" implies that the driver should not start or continue driving, as well as carry out other maneuvers that could entail a change in the direction of movement or speed of other highway participants who have the right of way. The advantage, in turn, is expressed in the right to priority movement in the intended direction.
The following have the right of right of way on the road:
- cars moving on the main road relative to those on the secondary road, if the corresponding road sign is installed at the intersections;
- pedestrians walking along the roadway in places marked by road signs or special crossing markings;
- special equipment, in cases where signaling equipment is turned on, for example, an ambulance, fire truck, police and other authorities with priority rights;
- cyclists preparing to make a turn;
- blind pedestrians, regardless of the crossing location, when signaling to drivers with a white cane.
Ignoring priority rights on the road may entail punishment under the Code of Administrative Offenses of the Russian Federation.
Fine failure to give way to vehicle
According to Article No. 12 of the Code of Administrative Offenses of the Russian Federation Drivers who do not give way to cars moving along the main road at an intersection are subject to administrative liability and fines in the amount of 1,000 rubles. The same amount is provided for motorists who interfere with the movement of other vehicles traveling in the transverse direction. Similar situations can arise as a result of a car driving into the middle of the intersection, in the direction of movement of other vehicles, at the moment of congestion.
When maneuvering in violation of the rights of another car enjoying priority, with the exception of the cases described earlier, drivers are subject to a fine of 500 rubles or a warning (Article No. 12.14 of the Administrative Code)
Amount of fine if you fail to give way to a cyclist or pedestrian
A driver who fails to give way to a cyclist or pedestrian is also subject to administrative liability. In this case, the object of the offense will be road safety. The driver is obliged to give way to a pedestrian crossing the roadway, both at a regulated and non-regulated crossing.
According to the Traffic Regulations Decree of October 23, 1993, a “pedestrian” is a civilian who is outside a vehicle on the roadway, pedestrian crossing or bicycle path. Based on the definition, cyclists are also considered to be pedestrians. The amount of the administrative fine if the driver does not give way in these cases will be the same.
Responsibility for violation of Article No. 12.18 of the Code of Administrative Offenses of the Russian Federation provides for a fine in the amount of 1,500 to 2,500 rubles.
If you do not give way to special equipment
Special equipment refers to vehicles equipped with light and sound signals for ambulance, emergency and police assistance. Such vehicles have the right of way. Both drivers and pedestrians, cyclists and other road users must allow cars to pass.
The driver’s obligation to allow special equipment to pass arises if the warning equipment is activated.
Punishment for the offense is provided for in Article No. 12.17 of the Code of Administrative Offenses of the Russian Federation and is expressed in the form of a warning or a fine of 500 rubles. The same liability arises in case of failure to provide priority to route transport.
In a similar situation, if special equipment has not only special equipment, but also an external color system, inscriptions and designations, the punishment may be more severe, up to the deprivation of a driver’s license from one to three months.
Is it possible to avoid punishment?
In our time, it is almost impossible to avoid punishment or appeal a traffic police fine recorded by a photo or video camera. However, the legislation of the Russian Federation provides for circumstances that can mitigate the consequences of an offense:
- blurred road markings or lack thereof;
- damage to road signs;
- availability of testimony in favor of the driver;
- emergency condition of the road resulting in an offense;
- malfunction of traffic control, as well as devices for determining speed limits.
In any of the above cases, it is necessary to enlist the support of other road users, witness testimony or any other irrefutable evidence, for example, DVR recordings, photographs from the scene of the violation.
You can appeal a fine issued within 10 days from the date of receipt of the decision on traffic violations.
If the offense was committed by the driver, it is most reasonable to pay the imposed fine within 20 working days, then the amount of the penalty is halved.
To protect yourself from unplanned expenses, you should follow traffic rules and promptly give way to special equipment, cyclists, pedestrians and other vehicles that have priority traffic rights.
If the driver entered the intersection on green, even if the light turned red, he must complete the maneuver without letting anyone pass. However, if there are stop lines, then he must also follow the traffic light signals for pedestrians. Violated - pay! What traffic fine will be imposed (what will happen) for not giving way and not letting a pedestrian pass? A fine is imposed in any case, regardless of whether you failed to let a pedestrian pass at a pedestrian crossing or simply at an intersection with a traffic light. For such an offense, the law provides for administrative punishment (Article 12.18 of the Code of Administrative Offenses of the Russian Federation). If you fail to give way to a person at a crossing, you will have to pay 1,500 rubles. Please note that from January 1, 2016, you can pay half of the fine if you manage to do this no later than 20 days from the date of the decision. Here you will find information about other fines for traffic violations.
Fines for not giving way. how to prove innocence?
If there is a video recording, this will be proof that you have started the maneuver and are ready to give way.
- If a protocol is drawn up, indicate in it in your own hand: “I did not violate the rules, I was ready to give way and began the maneuver.”
- You must only allow special vehicles with a flashing light and siren on.
If there is no siren, you are not required to give way.
Finally, regardless of what the protocol is being drawn up for, be sure to include witnesses in it who will confirm your innocence, and also take a copy.
By virtue of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation are obliged to give it to you. With a copy of the document in hand, you can continue to fight.
Return to contents Video Give way to pedestrians or let them pass? New rules! The episode of the “Main Road” program will talk about this.
1.2 traffic rules term “give way”
Important
It is planned to increase this fine in the near future, since many drivers still do not want to slow down or stop at all in front of pedestrian crossings.
- Cyclist.
Cyclists are treated the same as pedestrians. In Russian cities there are rarely bicycle paths, so citizens are forced to ride bicycles on the road. If they are not given the right of way when necessary, the driver will be forced to pay a fine of 1.5 thousand.
Pedestrians have priority over zebra crossings. How to calculate braking distance.
- Special transport.
If a special car is moving along the road, with flashing lights on, special inscriptions, and a siren on, then it has an advantage over all other road users. Therefore, you must definitely give way to such a car.
If you do not give way to other road users
However, these actions are in no way related to the presence of pedestrians at or near the pedestrian crossing.
Attention
I would like to note the fact that there is no liability for ignoring clause 14.2 of the traffic rules.
Responsibilities of a pedestrian A pedestrian, in accordance with traffic rules, is the same road user and is obliged to comply with traffic rules.
If at least one of the participants, a pedestrian or a driver, does not violate traffic rules, then an accident will not occur.
4.5. At unregulated pedestrian crossings, pedestrians can enter the roadway (tram tracks) after assessing the distance to approaching vehicles, their speed and making sure that the crossing will be safe for them.
Unfortunately, calls for pedestrians to comply with paragraph 4.5 of the traffic rules are not heard at all.
The driver will be held liable in such an accident, but the pedestrian's injuries may be such that it will be impossible to fully recover, if the pedestrian survives at all.
Advantage in motion
In the same case, if you are already threatened with a fine, everything will depend on the specific circumstances.
In particular, if you didn’t let a car through because the markings were erased or the sign was hard to see, record the markings and sign with at least a mobile phone camera. In this case, you will have proof that the offense was unintentional.
If you are threatened with a fine for not allowing a pedestrian to pass, remember:
- You are obliged to give advantage only to those who have already crossed the center line.
According to clause 4.6 of the traffic rules, the line that separates traffic flows on any road is a place where a pedestrian can further assess the safety of the crossing and adjust their speed.
Accordingly, until such a correction, you have no way of knowing whether you will force the pedestrian to change their speed or trajectory - and, therefore, do not violate their right of way.
Traffic police fine table 2018 and other penalties
Give way (not interfere) is a requirement that means that a road user must not start, resume or continue moving, or carry out any maneuver if this may force other road users who have priority over him to change the direction of movement or speed. Comments The concept of “giving way” is the reverse side of the concept of “advantage”. Both of these terms are key concepts in the road safety system.
In controversial cases (for example, if it is impossible to determine the main road at an intersection), the driver, based on safety reasons, must consider himself to be “giving way” in relation to other vehicles.
Did not give way - part 3 of article 12.14 of the Code of Administrative Offenses
Traffic regulations provide for a number of situations when one of the traffic participants has the priority right to pass or pass if it is a pedestrian. In this case, the term means that the driver of a car that does not have such an advantage must not start, resume or continue a movement or maneuver if in doing so he forces the one who has the advantage by virtue of traffic rules to change the direction of movement or speed.
In practice, the advantages are:
- Those who are moving on the main road - in front of those who are on the secondary road (if there is a corresponding sign at the intersection).
- Special vehicles equipped with appropriate signaling devices and turning them on: police cars, ambulances, firefighters, etc.
- Route vehicles - buses, trolleybuses, minibuses, etc.
Didn't give way to traffic police station
- 1 What does it mean to give way?
- 1.1 Who has the advantage in practice?
- 2 What is the penalty for failure to provide an advantage?
- 2.1 Is it possible to avoid a fine?
- 3 What to do if a special vehicle is driving with the flashing lights on, but without a siren
What does it mean to give way? The traffic rules clearly contain information about what this concept means.
To this end, several situations are given in which the driver has a certain right to pass or pass first.
Another participant in the movement who does not have this right of way must give way and therefore cannot begin to move, nor can he resume or continue it if this will in some way affect the other participant, so he will change the direction in which he is moving or the speed at which moves.
Yt gave way to which traffic rule
Give way (do not interfere)" is a requirement that means that a road user must not start, resume or continue moving, or carry out any maneuver if this may force other road users who have priority over him to change the direction of movement. or speed. The article of the Code of Administrative Offenses of the Russian Federation, according to which drivers are held accountable for not allowing pedestrians to pass, is given below.
Article 12.18. Failure to provide priority in traffic to pedestrians or other road users Failure to comply with the requirement of the Traffic Rules to give way to pedestrians, cyclists or other road users (except for vehicle drivers) who enjoy priority in traffic - entails the imposition of an administrative fine in the amount of one thousand five hundred rubles.
Didn't give way what traffic point?
It is recommended to follow the “two lanes” rule, which means there must be at least two lanes between a car and a pedestrian (if there are that many, of course). When letting a pedestrian pass, even if the traffic light turns green, the driver must wait until he reaches the end of the crossing, also without changing speed (Section 14.3 of the Traffic Rules). In this case, it turns out that you can not let people stand on the sidewalk and clearly intend to cross the road. Formally, yes, such a person is not a participant in the traffic, but he can become one in a split second and step right in front of the car. So advice to all drivers: a crossing always warns the motorist of a potential danger, so it is always better to reduce speed. However, even if you don’t see people at an unregulated crossing, you can’t relax - pay attention to other cars.
Didn't give way what point of the rules
What is the penalty for failure to provide an advantage? The punishment for a traffic participant who does not give way to another participant who has the right of way depends on each specific situation:
- Vehicle.
If an advantage was not given to the car that has it, then the violator will certainly have to pay a fine of 1 thousand rubles. In order not to pay such funds, every car owner must be well versed in the traffic rules, take into account the advantage of a particular traffic participant, and also Always pay attention to signs and markings.
- A pedestrian. If you do not let a pedestrian pass at a crossing or in other areas where he has the right of way, the motorist will have to pay a fine of 1.5 thousand.
