Thursday, November 10, 2011

Who authorizes overtaking: markup or character?

A lot of people have been deprived of their driving licenses when overtaking slow moving means crossing the broken line in the sign of contradiction "Overtaking is forbidden." But now, motorists have a reason for joy - Victor Kiryanov signed a decree according to which disputes the testimony of road markings and signs will be resolved in favor of the driver. The sign "No passing", mounted on tracks, is a good feeder for dishonest car inspectors. Under the Rules of the road, the sign takes precedence over the markup. Often on the road you can see this alignment: the danger of turning starts solid line and the sign 3.20, prohibiting overtaking. But after the turn, where visibility allows you to start the maneuver, the line begins to break, a driver overtaking a vehicle traveling ahead of him. These and enjoy the servants of the law - overtaking is prohibited in the familiar spot facing deprivation of a driver's license for several months. According to the decision of the Supreme Court, the violation of regulations sign "No passing" is treated as a departure into the oncoming lane. Attempt to challenge it in court does not lead to a just decision. If the driver writes a complaint against the police officer who violated the order of Victor Kiryanov, the case will be forwarded to the court. The traffic police do not consider administrative matters, and the court signed by the chief of traffic police paper has no power. The judge based the decision of the Plenum of the Supreme Court, which states that during a sign prohibiting overtaking violation is treated as an exit into oncoming traffic. Often you may encounter with a mismatch of road signs and markings. To this case include the above-described area after a dangerous turn or renovated section of the road along which have not yet removed the temporary signs, restricting movement. On urban roads sometimes hang signs that contradict each other. Confusion in them is particularly dangerous at intersections, where the discrepancy between signs and markings can lead to frequent accidents. On the Internet you can even find a warning about such places, where often you can meet and car DPS. In the Moscow region traffic police officers over the past year have been issued about 7,000 prescriptions road service, in which they noted is not dismantled after the repair of signs, poor road surface and markings. By the way, few people know that their complaints in this regard can be reported by traffic police helpline Moscow region or place them on the official site. It would be good to adopt the example of Tatarstan, where for several years for the appropriate signs and markings should motorists themselves within the "no extra characters. If you notice the disputed section of road they report it in an ad hoc committee, which decides the fate of a road sign. And this system works fine. Head of the Ministry of Internal Affairs of Tatarstan UGIBDD Rifkat Minnikhanov noted that complaints from citizens markedly decreased, in trials in 97% of cases received a fair decision. In any legal act relating to traffic, did not say exactly the priority signs and markings. Thus, the SDA, as mentioned earlier, the road sign is more important. But, following the same document, overtaking is prohibited if it is contrary to the temporary signs, but a "permanent" label is no question. Following the guests, when the road markings can not be distinguished, must be installed backup its sign. However, the Standard has no relation to the Regulation of traffic on public roads, so the driver does not have any power. As a new indication will be implemented in practice, will practice. In the document we are talking about the ambiguous, controversial situations. But to address this issue will have to wait for a court to challenge the decision of the traffic police. The driver again finds himself in a situation where he has to prove he is innocent. Traffic inspector may make or not make the report a violation of the requirements of the sign of 3.20 - in spite of the published document, it still has the right to do so. It turns out, little will change - many will prefer to solve the problem on the spot, just want to hang around the courts. By the way, the decree of the court decision in favor of the driver entered into force already in August 2008. This is a temporary document that will be valid until such time as will not be completed full audit of roads in Russia. It is also bringing to full compliance with traffic signs and road markings. And this seems to be permanently

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